Terms & Conditions
- GENERAL TERMS AND CONDITIONS
- Payment. You warrant to LE GRAND VERRE that you are authorized to use the credit card linked to the membership subscription. The transaction occurs between you and LE GRAND VERRE’s third party vendor. All payments are in US Dollars. You must be the cardholder or have permission from her/him to use the card used for the payment. For security purposes we reserve the right to contact your card issuer. You are liable to pay the entirety of the sum of the products you ordered. The terms and conditions of your payment will be determined by your payment method and the agreements between you and the financial institution, card issuer, or other provider related to your payment method. You are debited only when the goods you ordered are sent, or when your club membership fee is due. If your payment is refused, we will inform you and send you another link to try again another way. If your payment is not successful upon multiple payment attempts, we will be obliged to charge you with additional fees to cover the administrative fees related to the delay of your order. A billing confirmation will be sent by email and by post mail to the billing address you registered.
- Shipping & Delivery. When you subscribe, you choose a preferential address where you want the items to be delivered. The products are delivered to that specified address. If the delivery address given by the customer is false, and if it obliges the transporter to return the products, you will be charged the additional fees incurred as a result. You will then receive an email with tracking information. The Company requires a signature from someone over 21 at delivery. All items purchased on the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the Company’s delivery to the carrier. LE GRAND VERRE will not be liable for such and/or affiliated loss. LE GRAND VERRE will not be liable for any issues related to the delivery of the product. A different entity is exclusively in charge of the delivery. You, or someone aged over 21 needs to be at your shipping address. If it is impossible to reach you at this address, the shipping partner will be in touch with you for an alternative arrangement. Any person who buys wine from LE GRAND VERRE takes all responsibility for the shipment from our warehouse to his/her home state. By selling wine to the buyer, LE GRAND VERRE is providing a service. By utilizing this service, the buyer agrees that he is compliant with his/her local and state laws regarding the purchase, the transportation, and the delivery of wine. He/she agrees, among others, that he has the required permit to purchase, transport and deliver wine, and that he is legally entitled to take possession of wine.
iii. Taxes. LE GRAND VERRE’S third party vendor charges taxes consistent with Federal law.
- Cancelling orders. If an order is placed on a product that contains any incorrect information or typographical error(s), or if that product is listed at an incorrect price or discount, LE GRAND VERRE reserves the right to cancel that order. If, for any reason, your order is cancelled by LE GRAND VERRE, declined or limited by the Site, the Company will issue a refund to your credit card account in the amount of the charge (inclusive of all shipping, taxes and fees) and notify you that the order has been cancelled.
- Order Acceptance. All orders are subject to Product availability, and items in your shopping cart are not reserved, and therefore may be purchased by other customers before completion and confirmation of your order. All orders are subject to acceptance by LE GRAND VERRE, and receipt of an electronic confirmation does not signify our acceptance of your order, or confirm our agreement to sell the product to you. The initial email confirmation solely acknowledges that the Site has received your purchase request. The Site reserves the right, for any reason, to accept, decline or place limits on your order, whether or not your credit card has been charged. LE GRAND VERRE reserves the right to verify the identity of customers by requesting the submission of a valid form of government-issued photo identification via email or fax. Failure to present valid government-issued photo identification matching the billing address of the customer’s method of payment will result in a cancelled order, with all funds to be returned to the customer.
- Restocking and Reshipment fees. Orders returned to LE GRAND VERRE may be subject to a reasonable restocking fee. LE GRAND VERRE reserves the right to charge an additional $10 fee for all re-shipped orders upon customer’s request for reshipment.
vii. Substitution. It may happen that your exact order cannot be fulfilled as it is. In that case, LE GRAND VERRE may substitute up to 2 bottles with similar wines of at least the same value as the wine you ordered. If we need to substitute more than 2 bottles in any one order we will put your order on hold and contact you for further instructions.
viii. Our Commitment to Quality. LE GRAND VERRE is committed to using its best efforts to maintain client satisfaction.
- Queries and Complaints. If you are dissatisfied with any service or product, LE GRAND VERRE commits itself to be at your disposal to solve these concerns. You can contact us at any time during the working hours, which are from 9am to 7pm ET at firstname.lastname@example.org
- Returns. Once received and the box is opened, products may not be returned.
- Defective products: In case of one (1) or more broken bottles, LE GRAND VERRE will provide customer with same number of replacements.
- TERMS AND CONDITIONS SPECIFIC TO WINE CLUB MEMBERSHIP
- Eligibility. To be a member, you must at least 21 years old on the day you are seeking to join, and be residing in the USA. As aforementioned, LE GRAND VERRE reserves the right to verify participants’ age by requesting a copy of a government issued ID.
- Access. Access to the club grants the possibility of placing/receiving an order for wine, which will be fulfilled through our vendor. Access to the club can be obtained through three different ways:
- By invitation
- By applying on the website and providing the requested information
- By referral of a member of the club. When you apply for the membership, you commit to provide accurate and complete information, and LE GRAND VERRE reserves the right to prevent or terminate your membership if the information you have provided is false.
iii. Product. LE GRAND VERRE offers tasting boxes of 4 bottles (6.3oz each).
- Pricing. The monthly membership fee is $29.90 when paying on a monthly basis, can be cancelled at anytime.
- Tacit renewal of the contract. As long as you do not unsubscribe from the club, you will be charged each month at the price of your chosen subscription. As part of the club, you allow LE GRAND VERRE’S retail partner to charge your credit card for an amount equal to your club membership fee. If you want to change your delivery address, your credit card information, your payment method, or if you do not want to receive a shipment, you should notify us at least 5 days before shipment.
- Termination. You can terminate your membership at any time if you are on the month to month plan. To do so, you simply need to go on the Site and click on “unsubscribe” or email hello@le-grand-verre to confirm your wish to unsubscribe, which will serve as a warranty to avoid further undesired payment. LE GRAND VERRE may also terminate your membership in the following cases: (i) to comply with applicable laws (ii) if the information you transmitted is inaccurate, untrue or incomplete (iii) if your behaviour or your acts are fraudulent in the applicable jurisdiction. (For instance*, it is forbidden for one person to create several accounts on her/his own behalf so as to benefit several times from the promotional offers.) You need to unsubscribe at least 5 days before the beginning of a new month otherwise your un-subscription will be postponed until the next month. You may also unsubscribe if you’ve concluded a quarterly or yearly payment subscription with us (eg 3 or 12 months) but will not be reimbursed for the remaining months.
vii. Timing of Membership fee payment. The first monthly membership fee is paid the day of the subscription. The second monthly membership fee and the following will be collected on the 27st of every month.
III. DISCLAIMERS OF WARRANTIES & LIMITATIONS OF LIABILITY
- Limitation of Liability. BLASON LOUIS USA, Inc doing business as LE GRAND VERRE is a wine sourcing company and does not handle sales transactions. Sales transactions are handled exclusively by LE GRAND VERRE’S retail partner, a third-party vendor (“vendor”). LE GRAND VERRE shall not be held liable for any delay, damage or problems incurred by virtue of or emanating from the Client’s transaction with vendor (see below).
- LE GRAND VERRE warrants that it has validly entered into these Terms and Conditions (“Terms”) and has the legal power to do so. You (Client) warrant(s) that you have validly entered into these Terms and are legally competent to do so.
iii. DISCLAIMER OF LIABILITY. Except as expressly provided above, LE GRAND VERRE’S services are provided “as is” and “as available” without warranty of any kind, express or implied. LE GRAND VERRE specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. LE GRAND VERRE does not warrant that (a) the LE GRAND VERRE Site will meet your requirements, (b) operation of the LE GRAND VERRE Site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by LE GRAND VERRE or its authorized agents does not and will not create any warranty. YOUR USE OF THE LE GRAND VERRE SERVICES IS AT YOUR OWN RISK.
You agree that in no event will LE GRAND VERRE be liable (1) for damages of any kind, including direct, indirect, special, exemplary, incidental, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services, loss of use, data or profits or business interruption), however caused and under any theory of liability, whether arising in any way in connection with these terms (including negligence or otherwise), even if LE GRAND VERRE has been advised of the possibility of such damage or (2) for any other claim, demand or damages whatsoever resulting from or arising out of or in connection with your use of the LE GRAND VERRE services.
- The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence. You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that LE GRAND VERRE would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability.
- Indemnification. You agree to indemnify and defend LE GRAND VERRE and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defence and reasonable attorney fees brought against LE GRAND VERRE by any third-party arising from your use of the LE GRAND VERRE Site or any violation of these Terms, the rights of a third-party or applicable law. LE GRAND VERRE reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of LE GRAND VERRE may be made without LE GRAND VERRE’S prior written approval.
- Dispute Resolution. You agree that any dispute resulting out of your relationship with LE GRAND VERRE will be submitted to binding arbitration. For purposes of this Section 9, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA). Any dispute between us will be solved under the American Arbitration Association’s rules for arbitration of consumer-related disputes.
vii. Governing law and jurisdiction. These Terms, as well as the disputes related to your purchase from LE GRAND VERRE, will be governed by the laws of the State of New York (USA) and are binding upon the parties hereto in the United States and worldwide. You and LE GRAND VERRE agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms or to the sale of LE GRAND VERRE’S goods.
viii. You and LE GRAND VERRE further agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
- Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. LE GRAND VERRE will provide such notice by mail or e-mail using the contact information on file with LE GRAND VERRE and you must provide such notice by mail to Blason Louis 2220 Eatsman Ave Ste 105, Ventura CA 93003, United States. A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the French language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of a competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review/ setting aside the award. The arbitrator’s decision must be with written explanation and remain confidential.
- If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
xii. Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against LE GRAND VERRE under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section XVII and XVIII.
xiii. Jurisdictional issues. You are responsible for compliance with all applicable laws. LE GRAND VERRE reserves the right to limit the availability of the LE GRAND VERRE Site and/or LE GRAND VERRE Content to any person or geographic area at any time. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the LE GRAND VERRE Site by any taxing authority.
xiv. Force Majeure. LE GRAND VERRE will not be held liable for any delay or damages resulting from Force Majeure or events related to Force Majeure.
- If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein.
- If either LE GRAND VERRE fails, or you fail to, perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.
- Nothing contained in these Terms will be deemed to constitute LE GRAND VERRE or you as the agent or representative of the other or as joint venturers or partners.
- If LE GRAND VERRE is, or you are, are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence.
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