TERMS AND CONDITIONS

Consumer and consumption protection

The consumption of alcoholic beverages during pregnancy can have serious consequences on your health and the health of your child. 

The sale of alcohol is prohibited to people under the age of 18 years old. 

Alcohol abuse is dangerous to your health. Please consume with moderation. 

You certify and agree that you are of legal age and legal capacity to purchase on this website.

Alcohol abuse and protection of minors

The abuse of alcohol is dangerous to your health. Please consume with moderation. Pursuant to Article L. 3342-1 of the Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18) years, the customer agrees by validating his order to be eighteen years old at the date of when the order was placed.

ARTICLE 1: APPLICATION OF GENERAL TERMS OF SALE (GTS)

These General Terms and Conditions of Sale govern the sale of products on the e-commerce website of MOYOA. They are available to the buyer on the footer of www.moyoa.fr

Checking the tick box “I accept the terms and conditions" before confirming the order, automatically implies the express acceptance without restriction or reservation of these Terms and Conditions. Any modification of the G.T.S will only apply to sales concluded after the change has been made. The dates appearing on the acknowledgment of receipt of the order sent to the buyer will constitute proof of date of sale.

MOYOA reserves the right to request proof of identity and domicile of any new customer, before the final confirmation of their first order. The site serves mainly the French market, and a select few countries in Europe. During the checkout process these countries can be selected. MOYOA delivers to France mainland. Deliveries can also be made to selected countries inside Europe. This is entirely based on availability of 3rd party courier/delivery services and MOYOA does not guarantee that delivery is possible outside of France mainland. The company reserves the right to alter the countries that it offers its services to at any time and without any notice. 

ARTICLE 2: DATE OF PAYMENT

Any order for wine, food, artwork or accessories can only be validated if it is accompanied by a recognised payment (credit card or cheque for in-store purchases only) of the full price TTC (Tax inclusive). In the event of failure to receive such by MOYOA by no later than ten days after the order is placed, the order will automatically be cancelled. 

ARTICLE 3: MODES OF PAYMENT

Payment can made by credit card, in € (euro). The accepted methods are VISA, American Express, Diners Club International, Discover, JCB, Maestro & MasterCard. This is done by indicating in the provided zone for this purpose (secure online payment via Stripe) the number on the front of your card without spaces between the numbers, together with its validity date and the three-digit security number found on the back of your card.

The banking information is encrypted and impossible to decode. MOYOA does not have access to your credit card information. We only receive an e-mail acknowledging that your payment has reached us successfully. 

In the event of a late payment i.e. refusal of credit card, it is up to the client to pay for their order by any other accepted means. In the event of failure of such the order will be canceled after 10 days. 

ARTICLE 4: THE PRICE OF PRODUCTS

The retail prices of our products are those that are indicated on the website when making a purchase. We regularly update our electronic catalogue. 

MOYOA reserves the right to change prices at any time, and without any prior notice, based on promotions, variations in the cost of raw materials, prices from our suppliers or because of typographical errors in the display of these prices. The indicated prices include VAT, in euros (€). Shipping costs are not included in the prices and are extra. It varies according to the quantities and the weight of the ordered products. The shipping costs are displayed when checking out your order.

ARTICLE 5: TRANSFER OF OWNERSHIP OF GOODS

MOYOA reserves the ownership of all goods sold until the full payment by the buyer is reflected on our accounts (law n° 80-335 of May 12, 1980).

ARTICLE 6: CONTENT OF THE ORDER PLACED

The order must strictly comply with the offer as displayed on the website. This pertains to particular size, quantities and deadlines as stipulated.

ARTICLE 7: THE AVAILABILITY OF GOODS

The offers displayed on the website are always subject to the quantities available in-store. In the unfortunate event of unavailability of wines, foods, art or other products ordered that leads to the cancellation of an order placed, the purchase price will be refunded to the buyer as soon as is reasonably possible. 

ARTICLE 8: STAGES OF AN ORDER PLACED

The confirmation of an order presupposes prior knowledge by the customer of the conditions of sale as noted, as well as the price and the detail of the selected products available on the website. Confirming the order is done through the "Basket" accessible online on the website of MOYOA.

The buyer must communicate the correct information requested that is necessary for the fulfilment of the order. The onus is on the buyer to take care not to omit any information that is essential to the proper execution of the delivery of the products. Specific information concerning the delivery (a different delivery address than the billing address, daytime telephone number, possible access code to the residence etc.) must be noted during checkout. 

The buyer is identified by his e-mail address. The buyer accepts the order by clicking on “validate/confirm" after having agreed to the terms of payment and entered the information requested to allow payment to be processed in the areas provided for this purpose. Their acceptance is then final, subject only to the possible exercise of the right of return described below.

MOYOA will confirm the order to the buyer by e-mail summarising the details of the order. To track the order, the buyer will have to create an account on the MOYOA web-shop during the checkout process. By doing this, the user consents to the company contacting them with promotional offers. All orders are considered final upon receipt of payment and after the buyer checked the “I agree to terms and conditions" box during checkout.

ARTICLE 9: RIGHT OF RETURN

A right of return is offered to the buyer under Article L.121-20 of the Consumer Code. Together with the receipt of the goods, the buyer has a period of 14 days to return the product(s) to the seller, MOYOA, and request a refund.

When the 14 day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day. Products that has been damaged after delivery will not be taken back under above conditions. The buyer who exercises this right noted above, is under obligation to proceed with it at their own expense, in returning the goods ordered back to the seller.

When the merchandise has been sold as a promotion, the entire lot must be returned to MOYOA because of the indivisibility of the order and the overall price charged. The refund to the buyer will occur within 30 days of the goods returned. 

ARTICLE 10: DESTRUCTION OF GOODS

In the event of the destruction of the goods before the scheduled date of delivery of the order, and in the absence of available stock to proceed with its replacement, the buyer will be refunded. All the monies actually paid by the buyer, to the exclusion of any other gratuities they received, will be refunded within 30 days from the date of the loss. 

ARTICLE 11: DELIVERY OF THE PURCHASED GOODS

The address noted during the checkout process specifies the place of delivery or, if selected, the  buyer can choose to collect the order at the location of MOYOA. If selected, the buyer must collect the goods within a maximum of 7 days after the order was placed.

Any change of the delivery address must be communicated by the buyer to the seller in a reasonable time and in any case, before the order is dispatched with the 3rd party courier/delivery service. The timeframe for delivery will vary based on the location of the buyer and can be between 4 -10 days from Monday through Friday, but can also be quicker. MOYOA can not guarantee fixed times as it is reliant on 3rd party courier/delivery services.

 If under exceptional circumstances the buyer should note the absence of delivery within the time indicated above, they should immediately notify MOYOA to enable them to address the problem as soon as is reasonably possible, but by no later than 30 days after the order was placed. 

The delivery of the goods at the place and on the date indicated by the buyer releases the seller from their obligation to deliver. In the absence of the buyer when the good are delivered, and as far as possible depending on the circumstances, the courier/delivery service will contact the buyer for a second delivery, provided that they supplied a phone number where they will be reachable at any time to receive the delivery. MOYOA does not guarantee that this is a service the courier/delivery company can provide as it has no control over it’s operations. 

If the buyer chose to collect the order at the premises of MOYOA, an identity document will be requested. The buyer is required to check the condition of the packaging and the contents of the package(s) upon delivery and notify MOYOA of any deficiency within 24 hours. If a breakage is found, the buyer must refuse the damaged package, indicate it on the delivery order of the courier/delivery service and inform MOYOA. 

ARTICLE 12: APPLICABLE JURISDICTION

MOYOA will endeavour to settle any dispute resulting from an order and the subsequent processes. In the event of parties not being able to reach an agreement, all disputes arising from an order or the interpretation of the present conditions, and more generally conventions of any nature concluded between the parties, will fall under the jurisdiction of the court of the seat of MOYOA. In the event of conflicts between the French language version and any other language versions of these General Terms of Sale, the French version will prevail. 

ARTICLE 13: ARCHIVING OF SALES DATA 

Article L.134-2 of the Consumer Code requires MOYOA to keep, for a period of 10 years from the delivery of the goods purchased, the record of the contract/order concluded electronically, if the order exceed an amount of 120€ (one hundred and twenty euros).

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