These General Terms and Conditions of Sale aim to define the contractual relations between Maison Hébert with a share capital of 900,000 euros, whose headquarters are located at 2 passage Montgolfier, 21 700, NUITS-SAINT-GEORGES, registered with the Trade and Companies Register of DIJON under number 369 500 855 and whose intra-community VAT identification number is FR60369500855, on the one hand, hereinafter referred to as "Imaginarium", and any non-professional purchaser, hereinafter referred to as "the Purchaser", wishing to make a purchase via the Imaginarium website "www. Imaginarium-bourgogne.com" (hereinafter referred to as "our website").

These General Terms and Conditions of Sale specify, in particular, the conditions for orders, payment, delivery and management of any product returns by customers.

The acquisition of a good or service offered for sale on our website, by any means of communication whatsoever, implies full and unreserved acceptance by the Purchaser of these Terms and Conditions of Sale in their entirety, without restriction or reservation, which is expressly recognized by the Purchaser.

These Terms and Conditions of Sale are accessible at all times on our website and will prevail, where applicable, over any other general or specific conditions not expressly approved by Imaginarium.

Imaginarium’s failure to invoke any of these General Terms and Conditions of Sale at any time cannot be interpreted as a waiver of the right to invoke any such conditions at a later date.

Imaginarium reserves the ability to amend these General Terms and Conditions of Sale at any time. In this case, the applicable General Terms and Conditions of Sale will be those in force on the date the order is placed by the Purchaser.

The titles at the top of each clause are only used for convenience of reading and cannot be used to interpret or distort the clauses to which they relate.

Our website includes a description of each Product, providing the Purchaser with required information relating to the Product’s main characteristics and price.

The Purchaser must refer to each Product description for information on its properties and key characteristics.

The photographs and graphics presented on our website are not contractual and cannot incur Imaginarium’s liability.

The acts of choosing and purchasing a Product are performed under the Purchaser’s exclusive liability.
Product offers are subject to available stock, as indicated upon placement of the order.

In accordance with Article L.3342-1 of the French Public Health Code applicable to alcoholic beverage sites on the Internet, which stipulates that the sale of alcohol to minors is prohibited, the Purchaser warrants that he/she is of legal age on placement of his/her order.

The products and services offered for sale are those listed under the "Wines"/"Sparkling wines"/"Spirits"/"Offer of the moment" headings on our website.

These products and services are offered subject to availability, and without any particular commitment by Imaginarium. In the case of unavailability of products and services, the Purchaser will be notified by telephone upon receipt of the order by Imaginarium. In the case in which the product ordered is out of stock, the service is unavailable, and/or the products ordered are damaged during preparation of the order and transport and are then found to be out of stock, Imaginarium reserves the ability to offer the Purchaser either a refund of the sums paid, or the delivery of products/services of equivalent quality and/or value.

Imaginarium reserves the right to make changes to the products marketed online at any time. However, the products delivered will be those listed on the website on the day of the Purchaser's order.

Imaginarium offers a delivery service for the products on the website in all countries listed  under the paragraph "Our delivery conditions".

The products and services are provided at the prices in force on our website at the time the order is placed, expressed in euros (€) TTC (including all taxes), at the applicable VAT rate on the day of the order.

Any change to the VAT rate may impact the price of the products and the services.
Prices include any reductions granted by the Seller on our website.

Unless specially agreed, these prices are firm and non-revisable during their period of validity as defined by these same documents. Imaginarium reserves the right to change its prices at any time, with the understanding, however, that the prices shown on these documents on the day of the order will be the only ones applicable to the Purchaser.

The prices indicated do not include costs relating to order processing, transport and delivery, provided they take place in the geographical areas provided for in the "Geographical Area" clause.

Furthermore, specific orders placed by the Purchaser for which these prices cannot be applied will be the subject of a quote accepted by the latter. Quotes issued by Imaginarium are valid for a period of thirty (30) days from the date of issuance.

Purchasers wishing to purchase a product or service must follow the procedure indicated below. It is up to the Purchaser to select the products and/or services he/she wishes to order using the "Wines"/"Sparkling wines"/"Spirits"/"Offer of the Moment" sections on our website.

Contractual information is provided in French and is confirmed at the latest at the time the order is confirmed by the Purchaser. The Purchaser may place an order by following the procedure for ordering products and services on our website:

1. Add the products and services to the basket
2. Log in or create a customer account
3. Choose your payment method
4. Confirm your order
5. Choose your delivery method

The Purchaser will need to create a customer account indicating his/her email address, contact details and by choosing a password. When the Purchaser already has a customer account, he/she will be asked to log in using his/her email address and chosen password. In order to confirm the order, the Purchaser is required to expressly accept these General Terms and Conditions of Sale by checking the box provided for this purpose. The Purchaser will receive an email confirming the order. Acceptance of the order is subject to payment of the order by the Purchaser and will be effective only after payment has been received in full. The Purchaser may track the progress of his/her order at any time via his/her customer account on the Imaginarium website.

In the event of shortage, Imaginarium will fulfil orders according to order of arrival and availability.

Any change to an order requested by the Purchaser may only be taken into consideration within the limits of Imaginarium's capacities and provided that Imaginarium is notified before shipment of the products or provision of the services.

Where Imaginarium does not accept such changes, any sums paid by the Purchaser will be refunded within thirty (30) days as from notification of the inability to accept the changes sent by Imaginarium to the Purchaser.

Imaginarium’s contact details, for communication in French and English, are as follows:
- by telephone on +33 (0)3 80 62 61 40 to place or track orders
- by e-mail: info@Imaginarium-bourgogne.com
- by post to Imaginarium - Avenue du Jura - 21700 Nuits-Saint-Georges

The price is payable in full, in euros (€), upon placement of the order and in accordance with the terms set out under the "Orders" paragraph. Imaginarium will not be required to deliver the products ordered by the Purchaser or to supply the service if the price has not been paid in full beforehand (price including VAT and delivery costs including all taxes).

Payment of the order will only be considered final once the sums owed to Imaginarium have been effectively received.

Credit card payments are debited at the time the order is placed. The Seller does not grant any discount for cash payments.

An invoice will be issued by Imaginarium and delivered to the Purchaser at the time of delivery of the order.

In case of late payment, Imaginarium may suspend all orders and services in progress, without prejudice to any other course of action.

Any sums not paid by the deadline indicated on the invoice shall automatically give rise to penalties, applicable as from the day following the date of payment, equal to one and a half times (1.5) the legal interest rate on the day following the date of payment indicated on the invoice. These penalties will be due at Imaginarium’s mere request.

The Purchaser will reimburse all costs incurred by the contentious recovery of the sums due, including the fees of judicial officers.

Under no case may payments be suspended or the subject of any compensation without Imaginarium’s prior written agreement.

Imaginarium guarantees the confidentiality of any banking information provided by Purchasers during the sale. All banking information entered is subject to secure processing and is immediately encrypted.

In case of non-payment by the Purchaser of all or part of the price of the order, Imaginarium will retain ownership of the Products sold until full payment has been made, allowing it to remain in possession of said Products.

Any deposit paid by the Purchaser will remain the property of Imaginarium by way of lump-sum compensation, without prejudice to any other action it may be entitled to take against the Purchaser as a result.

Delivery is made as specified on the order, i.e., by direct delivery of the product to the Purchaser by the carrier.

The order is prepared when Imaginarium has received payment and all necessary items for the proper performance of the contract, in particular the Purchaser’s and recipient’s full contact details. The order will not be prepared until all information has been received by Imaginarium. In this case, no delay in delivery may be held against Imaginarium.

Deliveries are only made according to availability and in the order in which orders are received. Imaginarium is authorized to make full or partial deliveries.

Deliveries are made to the address indicated on the Purchaser's customer account, which may only be within the geographical area agreed upon in the "Geographical Scope" clause. Where all or some delivery addresses prove to be incorrect, thereby forcing Imaginarium to return the orders to its warehouse, the

Purchaser shall bear all consequences thereof, including delays in delivery, possible repercussions on delivery costs, etc.

The products purchased by the Purchaser will be delivered within a maximum of twenty (20) working days from the time the order is placed. In the case in which the Purchaser orders several products with different delivery times, the longest delivery time will be retained.

The delivery date will be indicated on the shipping order and on the packages.

Where the delivery deadline is exceeded by seven (7) days for reasons not justified by a case of force majeure, either party may request the cancellation of the sale under the conditions provided for in Article L.114-1 of the French Consumer Code and choose to either to obtain a refund of the sums paid at the time of sale to the exclusion of any other compensation or damages, or opt for the delivery of products of equivalent quality and/or value. In the latter case, the Purchaser may exercise his right of withdrawal according to the terms and conditions set out in the "Right of withdrawal" paragraph, with the exception of return costs, which will be borne by Imaginarium.

In any case, delivery may only be made within deadlines if the Purchaser is up to date with his/her obligations towards Imaginarium, whatever the cause.

Except in special cases or when one or several products are unavailable, the products ordered will be delivered in one single delivery. Deliveries are handled by an independent carrier.

The delivery is deemed to be made once the products have been handed over to the Purchaser by the carrier and is materialized by the Purchaser's signature on the delivery note.

Where the Purchaser has made special requests as regards the conditions for packing or transport of the ordered products, and these have been duly accepted in writing by the Seller, any related costs will be the subject of specific additional invoicing, based on a quote previously accepted in writing by the Purchaser.

Without prejudice to the measures to be taken with respect to the carrier, the Purchaser is required to check the condition of the products delivered. He/she has a period of seven (7) days as from delivery to submit any reservations or claims pertaining to non-conformity or apparent defect of the products delivered, in writing (by post or e-mail) along with all related documents. Once this period has passed and failing compliance with these formalities, the products will be deemed to be conform and free of any apparent defect, and no claims may be validly accepted by Imaginarium, the Seller.

The Seller will replace any products delivered for which apparent defects or lack of conformity have been duly proven by the Purchaser, as soon as possible and at its own expense.

When the Purchaser selects the "store collection" option, he/she is notified by e-mail once the order has been prepared. The order must be collected at the following address: Avenue du Jura - 21700 Nuits-Saint-Georges. The Purchaser may come and collect the order in person (by presenting the order number and proof of identity) or be represented by a third person. In the latter case, the designated person must present the order number, an ID and a copy of the Purchaser's ID.

The products travel under IMAGINARIUM’s liability. The transfer of the risks as regards loss and deterioration of the products will be effective upon signature of the delivery note by the Purchaser. The transfer of property of the products from IMAGINARIUM to the Purchaser will only be effective upon full payment of the price by the Purchaser, regardless of the date said products are delivered.

Pursuant to law, and without the need to justify their motives, non-professional Purchasers benefit from a withdrawal period of fourteen (14) clear days as from delivery of the order to return the product to Imaginarium at the address indicated in the "Contact details" paragraph of these General Terms and Conditions of Sale, to exchange the product or to receive a refund without penalty, with the exception of return costs, subject to the products being returned in their original packaging and in perfect condition.

To exercise this right of withdrawal, the Purchaser must send an e-mail using the withdrawal form available on our website, indicating his/her name, address, telephone number, order number, the reason for the return and his/her intention to withdraw from the contract by means of an unambiguous statement. The Seller will immediately send the Purchaser an acknowledgement of receipt on a durable media.

The Purchaser will return the goods to Imaginarium at his/her own expense, no later than fourteen (14) days after informing it of his/her decision to withdraw from the contract.

Any sums paid by the Purchaser, including delivery costs, will be fully reimbursed by bank transfer to the account indicated for this purpose by the Purchaser or by bank check within a maximum period of fourteen (14) days as from the date the right of withdrawal is exercised.

The Products provided by IMAGINARIUM are fully covered by law and without any additional payment, independently of the right of withdrawal, in accordance with the following legal provisions:
- the legal guarantee of conformity provided by Articles L.211-4 et seq. of the French Consumer Code,
- the legal guarantee against hidden vices provided for in Articles 1641 et seq. of the French Civil Code.

Imaginarium’s liability cannot be incurred for non-compliance with legislation in the country in which the Products are delivered; the Purchaser is responsible for checking such prior to placing any orders.

All warrantees are excluded in case of misuse, negligence or lack of maintenance by the Purchaser, as well as in case of normal wear and tear of the product, accident or force majeure, and the Seller's warranty is limited to the replacement or reimbursement of products that do not conform or are affected by a defect. Said warranty is also excluded if the Purchaser cannot demonstrate that he/she has complied with the following storage conditions: in a cellar at a temperature between 12°C and 16°C, with a hygrometry of at least 80%, stored away from light and foreign odours, with bottles lying down.

Furthermore, the warranty does not apply to visible defects. Defects and deterioration caused by natural and normal wear and tear of the Product, by external accident, or by a modification of the Product not expected or specified by Imaginarium are also excluded.

In any case, the warranty provided by Imaginarium is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

In order to exercise his/her rights, the Purchaser must inform the Seller in writing, and in particular using the contact form available on our website, that the Products are nonconforming within a maximum period of (2) two years as from delivery of the Products or that hidden defects exist within a maximum period of (2) two years as from their discovery.

Shipping costs will be reimbursed based on the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.

Refunds of Products found to be nonconforming or defective will be made as soon as possible and at the latest within 14 days of the Seller's discovery of the non-conformity or hidden defect. The refund will be made by crediting the Customer's bank account or by bank check sent to the Customer.

The Products sold and the services provided on our website comply with regulations in force in France on the date they are put on sale.

The pictures, illustrations, tasting suggestions or presentations accompanying the products published on the website have no contractual value and therefore Imaginarium will not be held liable for any errors that may have been inserted therein. The Purchaser is alone responsible for the choice of products, their storage and their use.

In accordance with Article L.121-20-3 of the French Consumer Code, Imaginarium will not be considered liable for nor failing to comply with any delay or non-performance attributable to either the consumer, to the unpredictable and insurmountable act of a third party, or resulting from the occurrence of a case of force majeure usually recognized by French case law.

In case of force majeure, Imaginarium cannot be held liable for damages caused by delays or failures to fulfil its contractual commitments. Force majeure means any event independent of the will of the parties that is irresistible, unpredictable and insurmountable, and which has the effect of preventing the normal performance of obligations by the contractor, and notably war, riots, fires, strikes, accidents, and supply shortages.

Imaginarium shall notify the Purchaser of the reasons and the need for a delay in the performance of its contractual obligations within eight (8) working days as from the occurrence of said event.

All components of the Imaginarium website are and shall remain the exclusive intellectual property of Imaginarium.

No other is authorized to reproduce, exploit, republish, or use in any way whatsoever, even partially, the components of the website, including software, visuals, and audible elements. All simple links or hypertext links are strictly prohibited unless agreed in writing by  Imaginarium.

Packaging marked with the seller’s brand name can only be used for its products and can under no circumstances be used for products other than its own. Any breach of this rule would expose the author to criminal proceedings and the payment of damages and interest.

The personal information collected by Imaginarium through the order of products are recorded in its customer file and are mainly used for the proper management of relations with customers and the processing of orders.

Any personal data collected will be kept as long as necessary for the processing of the order, except where:
- a longer storage period is authorized or imposed by a legal or regulatory provision,
- the customer has exercised one of the rights granted to him by law under the conditions set out in the following paragraphs.

Access to personal data is strictly limited to Imaginarium's employees and agents, who are authorized to process them for the purposes of their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of sub-contracted tasks necessary for management of the order, without the Purchaser's authorization being necessary. It is specified that, as part of the performance of their services, such third parties have only limited access to the data and are contractually required to use them in compliance with the provisions of legislation on personal data protection. Aside from the cases set out above, Imaginarium agrees not to sell, loan, pass on or give third parties access to data without the Purchaser's prior consent, unless forced to do so for a legitimate reason.

In accordance with applicable legal and regulatory provisions, notably French Act no. 78-17 of 6 January 1978, and European regulation no. 2016/679/EU, the Purchaser has a right of access, rectification, portability and erasure over its data and to the restriction of processing. He/she may also, for legitimate reasons, object to the processing of his/her data.

To exercise these rights, the Purchaser may send an e-mail using the contact form available on our website.

Pursuant to the provisions of the French Consumer Code, the Seller reminds the Purchaser that if, outside of his relationship with the Seller, he/she does not wish to be the subject of commercial prospecting by telephone, he/she may register free of charge on a red list such as BLOCTEL.

Imaginarium will archive invoices on a reliable and durable media which shall constitute a faithful copy pursuant to the provisions of Article 1348 of the French Civil Code. Unless proof of the contrary is provided, Imaginarium’s computerized records will be considered proof of any communications, orders, payments and transactions made between the parties by the parties.

By express agreement, all disputes arising from these General Terms and Conditions of Sale and/or the Contract, relating to their validity, interpretation, performance, termination, consequences and continuations shall, where possible, be resolved by amicable agreement between the parties. Where no amicable solution is reached, such matters will be governed by French law and fall under the jurisdiction of the competent courts of the place where Imaginarium's registered office is located, notwithstanding plurality of defendants or the introduction of third parties.