General Terms and Conditions of Sale
La Sommelière is a brand of the FRIO ENTREPRISE group.
These general terms and conditions of sale ("T&Cs") apply to all orders placed on the website www.lasommeliere.com ("the Website"). By confirming their order, the Client declares that they have read and unconditionally accept these T&Cs. The present general terms and conditions of sale ("T&Cs") comply with Article L441-6 of the French Commercial Code and apply to products sold by FRIO ENTREPRISE under a brand or trade name owned by or distributed by the company, forming an integral part of our contractual stipulations. Placing an order implies full and unconditional acceptance by the buyer of these general terms and conditions of sale, notwithstanding any contrary stipulation proposed by the buyer. FRIO ENTREPRISE reserves the right to suspend or cancel the sale, in whole or in part, in the event of force majeure, defined as any event likely to stop or reduce the production of products, the transport of goods, or prevent the normal execution of the contract.
Subject
The purpose of the GTCS is to describe the terms and conditions of distance selling of goods and services between FRIO ENTREPRISE and the Customer. They express all the obligations and rights of the parties. FRIO ENTREPRISE may adapt or modify these GTC at any time. The applicable GCS are those in force on the day of the order by the Customer.
Orders
1. General Information
The Client places an order in accordance with the specifications listed on the Website. Any order validated by the Client will only be considered effective by FRIO ENTREPRISE after acceptance by the MOLLIE Internet payment server. Through the Website, the Client can choose to have the product delivered to their home or an address of their choice. Any modification or cancellation of the order requested by the buyer will only be considered if it is received in writing before the products are shipped. In all cases, FRIO ENTREPRISE reserves the right not to follow up on such requests.
2. Anti-Fraud Control
To ensure transaction security and prevent payment fraud on the Internet, FRIO ENTREPRISE reserves the right to verify the reliability of the information entered during the Client's order registration. Therefore, the Customer Relations Service of FRIO ENTREPRISE may request one or more supporting documents (e.g., a copy of an identity document and proof of address) from the Client by phone and/or email. This request will suspend the order until these documents are provided by email to [email protected] or by mail to the following address: FRIO ENTREPRISE, Website Service, 143 boulevard Pierre Lefaucheux, 72230 Arnage. Furthermore, FRIO ENTREPRISE may cancel the order in the event of non-compliance or failure to provide these documents. In such a case, the cancellation of the order shall not entitle the Client to any damages.
Prices
The prices of the products on the Website are indicated in euros, inclusive of all taxes, but excluding delivery costs. The product prices are those in effect at the time the Client places the order. However, FRIO ENTREPRISE reserves the right to modify its selling prices at any time before the order is confirmed.
Payment
The products and services presented on the Website are payable at the time of ordering.
Payment Methods
Payment can be made via the MOLLIE platform by credit card, bank transfer, or through PayPal. We also offer a payment option in 3 to 4 installments without fees via Klarna.
FRIO ENTREPRISE, Website Service, 143 bd Pierre Lefaucheux, 72230 Arnage.
Default of Payment
FRIO ENTREPRISE reserves the right to refuse to honor an order or make a delivery for any Client who has not fully or partially paid for a previous order or with whom there is an ongoing payment dispute. FRIO ENTREPRISE also reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution: i/ in case of non-payment of any amount due by the Client, ii/ or in the event of a payment incident.
Retention of Title
It is agreed that goods delivered and invoiced to the Client remain the property of FRIO ENTREPRISE until full payment is received. Failure to pay may result in the reclaiming of the goods.
Product Availability and Delivery
Product returns
1. Conditions
Deliveries are made only in mainland France. Delivery is carried out either by direct handover of the product to the buyer or by providing the goods to a shipper or carrier at the premises of FRIO ENTREPRISE. Delivery costs are borne by the Client and vary depending on the type of order. They are indicated to the Client when they check the product’s availability.
2. Availability and Delivery Time
Product availability is indicated when the Client views the product. In case the ordered product is unavailable, the Client will be informed as soon as possible and will have the option to cancel the order. If an exchange is not possible, FRIO ENTREPRISE reserves the right to cancel the order and refund any amounts paid. The unavailability of the product shall not incur FRIO ENTREPRISE's liability, nor entitle the Client to any damages. If no delivery time is specified, delivery will take place according to availability and in the order of receipt of orders. Our agreed delivery times are provided for informational purposes only and are non-binding.
3. Delivery Delays
Exceeding the delivery times shall not entitle the Client to any damages, retention, or cancellation of ongoing orders. No penalty or damages will be accepted in case of delayed, early, partial, or excessive delivery. Similarly, no penalty will be accepted for delays caused by traffic accidents, police checks, or prolonged waiting at other platforms. In the event of damage during transport, this may result in partial or total rejection of the order linked to this damage. As this situation is not directly within our responsibility, it will not entitle the Client to penalties. If there is no damage formally notified to the carrier during the inspection of the products at the time of delivery, FRIO ENTREPRISE disclaims any responsibility for damage, whether at warehouses and/or sales outlets.
4. Transport and Home Delivery
Delivery is deemed completed once the ordered goods are made available to the Client by the carrier. This is confirmed by the Client's signature on the delivery note, who must inspect the goods upon arrival, report any defects, or refuse the product if necessary. Once the product is returned, FRIO ENTREPRISE will proceed with an exchange or a refund in the case of a stock shortage exceeding 14 days.
Our "classic" deliveries, which are those offered free of charge to the client, are made "at the doorstep," meaning at the bottom of your building or at the entrance of your residence. You must make arrangements to receive your package and transport it yourself. Please ensure that you measure your doors, stairs, and elevators before confirming your order.
Any order validated by the Client requires full acceptance of the General Terms and Conditions of Sale (checkbox in the shopping cart step during online ordering). Therefore, a validated order, once the goods are handled by the shipping company, cannot be refused solely on the grounds that the delivery is carried out "at the doorstep."
Warranties and After-Sales Service
1. Warranty Definition
FRIO ENTREPRISE provides the Client with a one-year national warranty on functional parts only for electrical appliances. This warranty does not cover labor and travel expenses. The product is covered by the warranty if accompanied by its purchase invoice. The warranty applies to products in their original configuration and if their serial number remains legible. The warranty is valid in mainland France.
2. Defect Upon Unpacking
If, upon unpacking, a defect is found that prevents the product from being used in its intended configuration, the Client must contact FRIO ENTREPRISE within 72 business hours. The product will then be exchanged (excluding breakage during assembly and missing hardware).
3. Warranty Extensions
Warranty extensions offered by FRIO ENTREPRISE are only valid for appliances under FRIO ENTREPRISE brands. These warranty extensions cover technical malfunctions only. The extensions cover the costs of defective parts, labor, and travel expenses within mainland France, excluding islands. If necessary, a technician will intervene on-site in mainland France, excluding islands.
4. Warranty Exclusions
Warranty extensions do not cover aesthetic or appearance parts, accessories, or wear-and-tear items (cables, seals, filters, lamps, etc.). The FRIO ENTREPRISE warranty does not apply in the following cases:
- Accidental Material Damage:It does not cover deterioration and malfunctions resulting from incorrect installation, assembly, or usage of the product, normal wear and tear, or lack of maintenance.
- Indirect Damages: The FRIO ENTREPRISE warranty covers only the right to repair or replace the guaranteed product. Indirect damages resulting from failure or deterioration are not covered by the warranty.
Liability
FRIO ENTREPRISE shall not be held liable for any indirect damages or costs, nor for any losses, including data or information loss, and any damages or expenses arising from the Client's use or inability to use the product.
FRIO ENTREPRISE cannot be held responsible for goods stored inside its equipment that may become damaged.
The buyer is solely responsible for the contents stored in equipment sold by FRIO ENTREPRISE. Additionally, FRIO ENTREPRISE cannot be held liable for goods located within the buyer's premises.
Force majeure
FRIO ENTREPRISE shall not be held responsible for the non-fulfillment of the contract due to the occurrence of a force majeure event.
Events considered as fortuitous or force majeure that exempt from liability include all irresistible, unforeseeable facts or circumstances beyond the control of the parties.
Personal Data
In the course of your commercial relationship with FRIO ENTREPRISE, we may ask you for certain personal data. We will indicate whether this data is mandatory or optional.
The data is used solely for processing your order or request (newsletter subscription, participation in a game, information request, etc.) and for personalizing communication and product offers on the website and in our newsletters.
Your data is confidential. FRIO ENTREPRISE commits not to disclose it to third parties other than its subcontractors without your explicit consent. Therefore, we will only share your contact details with companies selected by FRIO ENTREPRISE whose offers may interest you, if you have agreed to this at the time of registration.
Our website is also designed to be attentive to our clients' needs. For this reason, we use cookies. Cookies are intended to track your visit to our website to improve the personalized service provided to you and facilitate your navigation on our site. You can refuse the installation of such cookies on your computer by adjusting your internet browser options (e.g., for Internet Explorer 7, by maximizing the privacy settings in the tools/internet options/privacy/settings section).
WARNING: Such action may prevent you from using certain features of our website and other websites on this computer in the future.
In accordance with the law of January 6, 1978, relating to data processing, files, and freedoms, you have the right to oppose, access, rectify, and delete your data. You can exercise these rights under the conditions provided by the law of January 6, 1978, by sending a letter to the Consumer Service of FRIO ENTREPRISE:
143 boulevard Pierre Lefaucheux
72230 ARNAGE
France
In all cases, your request must be signed and accompanied by a photocopy of your identity document.
Modification of the Terms and Conditions of Sale
Any modification to these terms and conditions of sale must be contained in a written document, signed by an expressly authorized representative of FRIO ENTREPRISE, and must refer to these terms and conditions of sale to be valid and binding on FRIO ENTREPRISE.
Applicable Law
These T&Cs are governed by French law. In the event of any disputes, French courts shall have sole jurisdiction.
Jurisdiction Clause
Consumer Dispute Mediation
In accordance with articles L611-1 and following and R612-1 and following of the Consumer Code, for any contractual dispute related to the execution of the sales contract and/or the provision of services that could not be resolved through a prior complaint submitted to our customer service, the Consumer may resort to mediation free of charge. They can contact the National Association of Mediators (ANM) either by mail at 62 rue Tiquetonne 75002 PARIS or by email by filling out the online form at www.anm-conso.com.
For an online purchase, the consumer may also visit the European Online Dispute Resolution platform. Further useful information in case of cross-border disputes is available at www.economie.gouv.fr/mediation-conso.
Company Contact Details
FRIO ENTREPRISE – Headquarters
143 boulevard Pierre Lefaucheux
72230 ARNAGE
FRANCE