Cheese and Sympathy is a service of WELLNESS & CO
WELLNESS & CO
11 Rue Guy Môquet
SIREN : B 518 187 307
VAT : FR66518187307
Internet website : http://www.cheese-sympathy.co.uk Contact : Contact@cheese-sympathy.co.uk
The company WELLNESS&CO (hereinafter WELLNESS&CO) offers wine and cheese and other wine and cheese related products to its subscribers. The company has the objective of helping subscribers to discover the world of wine and cheese, to build a wine and cheese cellar month after month and to support the affiliate winegrowers and cheese makers wishing to promote their wines and cheeses. WELLNESS&CO operates the website www.cheese-sympathy.co.uk where it mainly offers to its customers a subscription service consisting in the monthly reception of bottles of wine and cheeses hand-selected by a wine taster and cheese maker. Along with the wine and the cheese, the subscriptions give access to articles and videos on the caracteristics of the selected wine and cheese. WELLNESS&CO finally offers to its subscribers the possibility to order and to acquire wines and cheeses in extra quantity. The Cheese&Sympathy subscription service, proposed by WELLNESS&CO can be activated on the website www.cheese-sympathy.co.uk (hereinafter the website) or via indirect distributors (such as e.g. company reward systems).
Article 1 – Introduction to the Company
The website www.cheese-sympathy.co.uk is published by WELLNESS&CO SARL, whose variable capital is of €88 240 and the headquarter is located at 11 rue Guy Moquet in Paris (75017). The company is registered in the Trade and Companies register of Paris under number 518 187 307. Its business identification (SIRET number) is 51818730700039 and its APE code is 4725Z. Intra-Community VAT number is FR88751342205. The director of the publication of the website is Rebecca Mativet, who can be reached by email at Contact@cheese-sympathy.co.uk or by phone at 01 82 83 44 90 (available Monday to Friday from 9 a.m to 6 p.m.) The website www.cheese-sympathy.co.uk is hosted by: OVH 2 rue Kellermann 59100 Roubaix, RCS de Roubaix number B424 761 419 www.ovh.com. You can contact us by email at: Contact@cheese-sympathy.co.uk.
Article 2 – Objective
The General Conditions are intended to define the modalities in which the company WELLNESS&CO puts its website at disposal of the visitors and clients and offers the following detailed services. Monthly distribution of a “box” containing two or three bottles of wine and selected by a sommelier and four cheeses selected by a cheese maker (the number of bottles varies according to the selected subscription plan) as well as a booklet containing the tips for a good wine tasting. There is also the possibility to use the Website to purchase bottles of wine and cheese with no need for subscribing, within the limit of producers’ stocks and in respect of the General Conditions of Sale.
Article 3 – Acceptance of the General Conditions of Sale (GCS)
Governed by article L441-6 of the Commercial code and in accordance with article L111-1 of the code of consumption, the present general conditions of sale determine the rights and obligations of the parties to the contract “Cheese&Sympathy”. These General Conditions apply to any visitor or customer of the website. Visitors of the website (visitors) and customers can save and print them. Acess to and use of the website implies adherence by the user to these General Conditions of sale. By clicking on the button “to continue with my order”, when you subscribe to one of our plan or when you purchase wine and cheese on our website, you automathically fully accept the current General Conditions of sale. (By merely validating his order on the website, the Subscriber declares having read, understood and fully accepted the terms of the order as well as the entirety of the general conditions of sale). If you do not agree with the terms and conditions below mentioned, we recommend you not to use the website. The applicable General Conditions are those in force on the day of the visit on the Website, of the subscription and/or of the processing of the order. However, they may be subjected to changes. The present general conditions of sale are in subject to the applicable French law.
Article 4 – Protection of minors and legal capacity
In accordance with article L.3342 – 1 of the French Public Health Code and the law n ° 2009-879 21st July 2009, the sale of alcohol to minors is prohibited. Anyone purchasing a subscription or ordering alcohol on the www.cheese-sympathy.co.uk website is therefore committed to have the legal capacity and legal required age (18 years of age) at the date of the order or of the purchase of the subscription. Don’t forget that the abuse of alcohol is dangerous for your health, so please consume it with moderation. In addition, to subscribe to Cheese&Sympathy, the subscriber must be of age and must have legal capacity, which means legally considered as being authorized to enter into a contract.
Article 5 – Geographical area
Cheese&Sympathy service is available only for the metropolitan France, (excluding Corsica and Monaco), and Great Britain. Subscriptions not meeting these geographical conditions will not be taken into account.
Article 6 – Acces to the service
The website www.cheese-sympathy.co.uk is normally permanently accessible for the subscribers 7/7, 24/24 h. Except when interrupted voluntary or not, including for purposes of maintenance or for force majeure. The company WELLNESS&CO, being under a due care obbligation, it cannot be considered responsible for any damage of whatever nature, resulting from unavailability of the website www.cheese-sympathy.co.uk
Article 7 – Functioning of the subscriptions
The company WELLNESS&CO proposes to the visitors to purchase a subscription plan on the webite to take advantage of the following services: Reception of two (2) or three (3) bottles of wine or four (4) cheeses per month, selected with care by the company WELLNESS&CO with the help of a sommelier and a cheese maker (the number of bottles depends on the subscription plan as presented on the website and chosen by the customer). Reception of a pedagogical booklet with the wine subscription to discover the world of wine and to learn how to taste the wines selected by the company WELLNESS&CO. The access to the online shop of the company WELLNESS&CO to order through the Website, the wine and cheese of the month discovered with the subscription and on the website Cheese&Sympathy. The first box (i.e. the wine box containing (2) or (3) bottles and the pedagogical booklet or the cheese box containing (4) cheeses) that the Client will receive will be the one of the month following the month of his subscription. So if the Customer subscribes in September, its first box will be the one of the month of October. The customer can at any time modify its subscription to choose to enjoy another formula offered by WELLNESS&CO, among existing formulas, or among those which may be developed by the company WELLNESS&CO in the future (formulas may vary depending on the number of bottles or the category of the proposed products). However, so that these changes are taken into account for the current month (M), the Client must have registered the change of its subscription on his personal page WELLNESS&CO (accessible from the page ” my account”) before the twenty-fifth (25) of the previous month /M-1). Otherwise, changes will only be taken into account for the nextcoming month. In the interests of the proper administration of your subscription to one of Cheese&Sympathy plans, it will be asked to the Subscriber to fill a form with his personal information. The information provided to the company WELLNESS&CO must be mandatorily accurate, also the customer shall ensure their accuracy and their fairness. On the contrary, the company WELLNESS&CO cannot be held as liable for input errors and the their consequences. However, WELLNESS&CO expressly holds its right to examine on a case by case basis and to accept or refuse any subscription to a plan for which deliveries outside France must occur, particularly with regard to the rules and conditions applicable in the concerned country, what the customer expressly acknowledges and accepts. In case of refusal of this subscription, the company WELLNESS&CO will inform the customer as soon as possible. We offer two formulas of subscription to the service Cheese&Sympathy consisting in sending a box to the customer each month: either a monthly subscription with an automatic withdrawal everymonth or a subscription for 3, 6 or 12 month with a one time payment.
Subscribing to the monthly payment option engages WELLNESS&CO to send a box to the subscriber each month until one of the Parties decides to terminate this agreement. The subscription is therefore established for a minimum period of one (1) month and renewed tacitly each month. By acceptance of this offer the Subscriber accepts a monthly automatic withdrawal of the same amount settled at its initial order. Thus, for all the duration of the subscription, at the beginning of each month the Subscriber will be automatically drawn with the agreed amount. The Subscriber then will receive the box between the 5th and the 20th of the same month. The Subscriber can terminate his monthly subscription at any time in the manner described in the article of the GCS relating to unsubscription. By subscribing the Subscriber declares having read, understood and accepted without reserve and in full knowledge of the facts, the present general conditions of sales.
Subscribing for 3, 6 or 12 months allows to subscribe yourself or a third party for a period of three, six or twelve months. This subscription will be paid with one single payment. By subscribing, the Subscriber declares having red the present general conditions of sale, having understood them and thus accepting them without reservations in full knowledge of the facts.
Article 8 – Subscription to the newsletter
By accepting the current General Conditions of sales when subscribing to one of the formulas Cheese&Sympathy, the Subscriber hereby authorizes WELLNESS&CO to send emails to the address he provided during his subscription. These emails may include promotional offers and information from business partners of Cheese&Sympathy. At anytime it’s possible to Unsubscribe from the newsletter by going under “my account” or by sending an e-mail to the address, Contact@cheese-sympathy.co.uk.
Article 9 – temporary Interruption of the subscription for a period of leave
If the Subscriber is not at home to receive its box for an extended period (e.g. in the case of holidays in the month of August) he may request WELLNESS&CO to suspend his subscription for a month. In this view, the Subscriber must send its request by e-mail to Contact@cheese-sympathy.co.uk no later than the 25th (25) of the month M, in order to not receiveing the box during the following month (M + 1). In the case of a monthly subscription, the automatic withdrawal will not occurr for the month M + 1. In the case of a 3, 6 or 12-month subscription, paid at once, the delivery in the month M + 1 will be replaced by an additional delivery at the end of the subscription period.
Article 10 – Unsubscription
Only subscribers with a monthly subscription can unsubscribe. Subscribers with 3, 6 or 12 months paid in one time cannot unsubscribe (except for the special occasions described in these GCS). The Subscriber to the monthly no commitment contract has the faculty of terminating his subscription at the end of a minimum period of one (1) month (excluded the faculty of withdrawal ). The customer wishing to terminate his subscription must notify the company WELLNESS&CO either on its space ‘my account’ on the www.cheese-sympathy.co.uk website (an unsubscribe confirmation email will be then sent over and it will be the only valid proof of his unsubscription): WELLNESS&CO, Client Service, 11 rue Guy Môquet, 75017 PARIS, FRANCE firstname.lastname@example.org
If the termination takes place after the twenty-forth (24) of the month M, the order is concluded for the month M + 1, the Subscriber will not be able to demand the cancellation of the order based on his termination request. The unsubscription is taken into account for the month M + 2. The unsubscription must therefore occur before twenty-fifth (25) of the month M, so that the contract can be terminated the M+1. For example in case the Subscriber terminates the contract on March 8th, the he will receive his box of the month of March, but he will not receive the one of April. If the contract is terminated on March 25th, the Subscriber will be charged the 1st April for the box of April and will receive its last box at the beginning of April. In case of Termination by the Client, any potential obtained assets must have been used otherwise they may be considered to be lost. Unsubscription may also result from the decision of WELLNESS&CO in accordance with the procedures described in article deactivation of customer accounts.
Article 11 : Additional Wine and cheese Orders (outside the scope of subscription)
WELLNESS&CO offers to the Subscribers the opportunity to order on the Website, outside the scope of the subscription, the selected wines in additional amount within the limit of available producers’ stocks and in compliance with the present General Conditions. Any order will be taken into account only after the receipt of full payment of the customer. WELLNESS&CO will send a confirmation email to the customers’ email address communicated upon registration on the Website. When placing an order, it is up to the customer to verify that the ordering information comply with his choices (personal data, delivery method, subscription plan, delivery and/or billing address, etc.). WELLNESS&CO has the right to refuse any non-compliant or dubious order, as well as any order from a customer who has not fully paid a previous order or with which any dispute would be ongoing. The company WELLNESS&CO also expressly reserves the right to examine on a case by case basis and to accept or refuse any order for which delivery must take place outside France, especially with regard to the applicable rules and conditions in the concerned country, what the customer expressly acknowledges and accepts. In the event of refusal of the command in this context, WELLNESS&CO will inform the customer as soon as possible.
Article 12 : limitations of the order
Considering the rare or speculative character of certain products offered on the Website and in order to allow the largest number of customers benefitting of offerings and products offered by the company WELLNESS&CO; occasional restrictions on quantities available for purchase/order/subscription can apply. In this case, the maximum quantity available is limited per Client (same name, same address, same account). WELLNESS&CO may indicate specific limitations on the Website and reserves the right to refuse an order or a subscription in case of doubt on the existence of an earlier order registered for the same product or a previous subscription already subscribed by the same customer.
Article 13 – Products availability
The sale of one product are valid as long as they are visible on the Website. Any offer is deemed valuable within the limits of available stocks. The company WELLNESS&CO will make its best efforts, especially in its relations with the producers, to make it possible that orders and/or subscriptions to Clients can be honored. Nevertheless, as being an intermediate platform and with no existing own stock on the proposed products, the company WELLNESS&CO cannot under any circumstances be held responsible for any temporary stock rupture resulting in a delay in the delivery of the products listed in the order and/or by the subscription. In case of final unavailability of one or more products ordered or planned as part of a subscription, the company WELLNESS&CO commits itself to inform the customer as soon as possible. The Client may then, according to its option, request: (i) the replacement of any products unavailable for one or more products of equivalent quality and price, (ii) obtaining a credit from the company WELLNESS&CO corresponding to the amount of the order or the monthly target subscription, or (iii) the repayment of the debited amount from his account. This reimbursement will intervene within a period of thirty (30) days from the receipt of the reimbursement request. For the purposes of the preceding paragraph, the assessment of quality equivalence remains under the sole responsibility of the company WELLNESS&CO.
Article 14 : Deactivation of the customer account
In the event of non-compliance with the obligations arising from the acceptance of the present general conditions for sale; of payment incidents of the amount of a command; of issuance of incorrect information at the creation of the account or acts that might harm the interests of Cheese&Sympathy, the company holds the right to suspend access to the service of Cheese&Sympathy or, depending on the seriousness of the acts to terminate the subscription and Member’s account without damages could be claimed. The company also holds the right to refuse to enter into contract with a Client that had been excluded or punished for such acts.
Article 15 – Prices et Payements
All our prices are expressed in POUNDS (£). Except in cases of obvious error, the subscription prices are those indicated on the www.cheese-sympathy.co.uk site. These prices are inclusive of all taxes and excluding transport costs (shipping costs are shown separately and added to the monthly amount of the subscription). The total subscription price is the one indicated at the validation of the subscription and payment by the Client, in accordance with the regulations in force. The price of the products ordered through the Website are, except in case of obvious error, those indicated on the data sheet of each product. These prices are inclusive of all taxes and excluding transport costs (shipping costs are shown separately and added to the amount of the order). The total price of the order is indicated during the validation of the order by the customer, before the “last click” of confirmation, in accordance with the regulations in force. The mention ‘Producers Price’ means that the wines are sold at a price less than or equal to the price applied at the producers. The Deliveries outside France for any subscription or any order placed on the Website may be subject to possible taxes and to customs duties that are levied when the package reaches its destination. These customs duties and possible taxes related to the delivery of the products are at the sole responsibility of the customers. The company WELLNESS&CO is not required to verify and to inform customers of the customs duties and taxes. To get knowledge of them, the company WELLNESS&CO advises customers to inquire the authorities of their countries. Tariffs can be changed. In this case, changes apply only for future orders, previous orders will not be affected by the tariff changes. Any monthly subscription is paid from the second month of subscription, by monthly direct debit on the account of the Client the first (1) of the month. At the request of the Customer (at Contact@cheese-sympathy.co.uk) an invoice can be sent each month by WELLNESS&CO at the e-mail address indicated by customer. Payment for the services will be done by credit card. Payments will be secured through a process of data encryption in order to prevent interception of this information by a third party. The company WELLNESS&CO cannot be held responsible in the event of fraudulent use of the means of payment used. Within a period of three days from the receipt of the subscription request, a request for automatic withdrawal will be sent to the bank. The subscription contract will be concluded upon receipt of the authorization from the bank. In accordance with the legislation in force, the bank details of the members are not kept by the company WELLNESS&CO. At expiration date of your credit card, or if it is canceled, your subscription is terminated since secure credit card payments are impossible. In order to continue to your subscription, you can choose either to modify your bank details in the ‘My account’ section of site www.cheese-sympathy.co.uk ; either to subscribe again,and give us your new bank details by using our secure payments platform.
Article 16 – Proof
The Subscriber acknowledges the validity and the probative force of electronic records exchange and keeping by WELLNESS&CO and admits that these elements show the same probative force that a writing signed through handwritten way, under Act No. 2000-230 13 March 2000 adapting the law of evidence in information technologies and on the electronic signature.
Article 17 – Products delivery
The monthly mailing service of Cheese&Sympathy covers only the specific geographic area which is settled in article ‘geographical area’, i.e. the Metropolitan territory of France (Corsica nor the Principality of Monaco excluded), and Great Britain. The box will be delivered to subscribers each month at the address specified in the “My account” section completed by the Subscriber during registration. In the event of change of address, it is up to the Subscriber to notify at least five days before the beginning of the month by modifying its coordinates on the information form «my account». WELLNESS&CO cannot be held liable for delays in delivery and any consequences that may arise. The products are delivered according to the formula that is chosen by the customer when registering, at the address he will have indicated. If all or part of addresses or delivery information provided by the Client are incorrect obliging thus the carrier commissioned by WELLNESS&CO to return the products, it will be to the customer to bear the costs and consequences. In case of the parcel being returned to WELLNESS&CO, a second delivery will be done at the expense of the Client. If the parcel is once again returned to the sender there will be no new shipment and the amount of the order as well as additional delivery charges will be deemed to be property of WELLNESS&CO. (i) Deliveries under subscription plans Products are shipped to the Client by the transporter that is selected by the company WELLNESS&CO. For all subscription, the products will be shipped the first (1st) week of the following month, then the first (1st) week of each month for the following deliveries. The company WELLNESS&CO will make its best efforts for having the delivery received by customers before the fifteenth (15) of each month, this period is not applicable to possible deliveries outside Metropolitan Territory of France nor for deliveries of the first box of the subscription (ii) Deliveries of additional bottles of wine and cheese he timeframe for deliveries of bottles of wine and cheese in additional quantity shall be the one indicated when ordering, (usually delivery occurs within 30 days). These delays are likely to vary, especially depending on producers, the place of delivery, the amount of ordered products and their availability. The delivery period indicated when ordering is expressed in working days and is subject to validation of the order.
Article 18 – Reimbursement (excluding the right of withdrawal)
Any claim on the box and its contents must be notified within seven days from the receipt of the box. Once the defectiveness of the box has been proved (using photographs), the Subscriber will be able to get a new box within the limit of stocks available. If the box is no longer available in stock, the Subscriber will be entitled to get the box of the next month for free. The absence or imperfection of a product contained in the box will result in the exchange with same product according to available stocks or with another product. The absence of receipt of a box cannot give rise to any other compensation. In any case, the liability of WELLNESS&CO is limited to the monthly value of the subscription. To obtain a refund under these conditions, the Subscriber must notify his choice to be reimbursed within a period of seven (7) days after receipt of the box, by writing an email to the address Contact@cheese-sympathy.co.uk.
Article 19 – Force majeure
The company WELLNESS&CO cannot be considered responsible for partial or total contractual breach which would be triggered by an event of force majeure, independently from our will, especially, in the event of total or partial strike, flood, fire, etc.
Article 20 – Conformity of products
The information on the Website relating to products are those provided by producers and suppliers. Therefore WELLNESS&CO cannot, in any way be held as liable for the consequences arising from the knowledge or the use of this information. The photographs of the products have only an indicative role, they are not contractual and cannot constitute ground for liability of WELLNESS&CO. The customer is required to check the state and conformity of the delivered products at the time of delivery. It can then (i) either accept the command if it seems consistent, (ii) either refuse the command if it is manifestly inconsistent (stained or broken bottles) by informing WELLNESS&CO within three (3) days at the address Contact@cheese-sympathy.co.uk. In the event where, within a period of two (2) months from the delivery, the customer becomes aware, during the tasting of the delivered products, of an obvious alteration of the quality of the products (corked wine), it will be up to the customer to proceed with the return of the product to the company WELLNESS&CO, in their original state, carton and packaging carefully secured (send with acknowledgement of receipt). It is specified that can be dealt only the return of bottle(s) with a level higher than three quarters (3/4) of their initial filling. The order number and the coordinates of the Client shall clearly appear on the shipping carton. In any case, the customer must clearly identify all the specific reasons for the return or the refusal of the command.
Article 21 – Intellectual property
All elements of the website www.cheese-sympathy.co.uk, whether visual or audio, texts, layouts, illustrations, photographs, graphics, videos, documents and other items, including the underlying technology, are protected by copyright, trademarks and patents in France and in the whole world. Any total or partial reproduction of materials available on the Website www.cheese-sympathy.co.uk is strictly prohibited without the prior written agreement of WELLNESS&CO. The current General Conditions involve no transfer of any of these intellectual property rights to the benefit of Clients and/or visitors. Consequently, clients and visitors are not allowed in any occasion to reproduce and/or use any part of the content that appears or is available on the Website and any part of the Website itself. It is also prohibited to Customers and visitors to copy, modify, alter, translate, reproduce, disseminate, sell, publish, operate or broadcast in any ways or in any forms or support whatsoever the contents above mentioned. The brand and logo “CHEESE&SYMPATHY” are registered at the National Institute for intellectual property (INPI) under the number 3916755. Any use of the brand and the logo “CHEESE&SYMPATHY”, as well as all the related rights, cannot be made without the prior written agreement of Rebecca Mativet. The brand and logo “WELLNESS&CO” are registered at the National Institute of intellectual property (INPI) under number 10846483. Any use of the brand and of the logo “WELLNESS&CO”, as well as all the related rights, cannot be made without the prior written agreement of Rebecca Mativet. The violation of these imperative provisions subjects the offender, and any responsible person, to criminal and civil penalties envisaged by law.
Article 22 – License related to the access and the use of the Website. The company WELLNESS&CO grants to visitors and customers a limited license for access and use of the Site for exclusively private and personal, not collective and non-exclusive use. Customers and visitors are not permitted in any way to download or modify all or part of the Website without the prior written consent of the company WELLNESS&CO. This license doesn’t allow in any way visitors and Clients to perform any commercial use of the Site and/or any portion of its content. If you, visitor or customer, intend to make a commercial use of the information contained on the Site, you first have to seek a prior written permission from the company WELLNESS&CO, by sending a request for this at the following address: Contact@cheese-sympathy.co.uk. The company WELLNESS&CO allows, on a non-exclusive and revocable basis, the creation of hypertext links pointing toward the Site home page, provided that these links could create no direct or indirect prejudice against WELLNESS&CO and its products or services. Given the particularity of the products and services offered by the company WELLNESS&CO, it is recommended to anyone who wants to create a hypertext link pointing toward the homepage of the Site to check the compliance with the legality of this type of link on its own site. In anycase the creation or presence of these hyperlinks may involve the responsibility of the company WELLNESS&CO, in any capacity and for any reason whatsoever. In case of request from WELLNESS&CO, any hypertext link pointing to the home page of the Website created on a third party site shall have to be immediately removed, without prejudice to the rights of the company WELLNESS&CO to claim for repair of any possible prejudice that could have been triggered by this link.
Article 23 – Responsibility
The Subscriber is expressly informed that WELLNESS&CO is not the producer of the products presented within the Cheese&Sympathy services, within the meaning of Act L98-389 of 19 May 1998 concerning liability for defective products. Thus, in case of damage caused to a person or a good by a defect of the product, only the responsibility of the manufacturer of the said product may be sought by the Subscriber. The products that we distribute follow the prodicer’s warranty plan. The fact that the Subscriber issues a claim shall not relieve him from any of its payment obligations. Moreover, the responsibility of WELLNESS&CO cannot be held if an error has occurred on one of the photographs illustrating the products presented. The company WELLNESS&CO as third partiy cannot be considered responsible for the content of the partner’s sites of www.cheese-sympathy.co.uk, alongside, he cannot be sought in the event of a conflict between the Subscriber and a site or brand of a partner winemaker. Information allowing the Member to identify himself, such as the ID and the password, are personal and confidential. This information may be subject to modification on initiative of the Member or www.cheese-sympathy.co.uk, especially if you forget the password. The Subscriber is solely responsible for the use of his identification, he is required to keep secrets. Any disclosure on its part could not be attributed to WELLNESS&CO. All orders made using the login and password of the Member shall be deemed to be passed by the latter. WELLNESS&CO cannot under any circumstances be held responsible for damage caused by the disclosure of such personal data and confidential by the customer and thus of the use of these data by a third party. The company WELLNESS&CO cannot in any event have its liability sought for any damages of any kind whatsoever, in particular due to the use of the subscribed services, any reputation damage, any image spoliation, or data loss that may occur due to the use of the services offered by www.cheese-sympathy.co.uk.
Article 24 – Faculty of withdrawal
In accordance with the code of consumption legislation, that is in force and in connection with the sale at distance, the subscriber has a right to withdrawal period of seven (7) days from the acceptance of the subscription to an offer of subscription. Notification of withdrawal must be made by registered mail with acknowledgement of receipt to WELLNESS&CO at the address referred to in article 1 of these general conditions of sale. The seven day period is also applicable in case of withdrawal following the receipt of the box. This period of time starts from the receipt of the box of the month. The goods must be actually returned in their original condition and packaging (unopened bottles, corks and labels not damaged). Any incomplete, damaged product and/or whose packaging will be damaged will not be taken back, nor exchanged nor refunded. Indeed, as the subscription offers a complete box per month, the return of the full box is imperative. The order number and the coordinates of the Client shall appear clearly on the shipping carton. The seven day period is also applicable in the case of withdrawal following the receipt of wine bottles and cheese ordered in extra quantity. Time runs from the receipt of the bottles of wine. The goods must be returned in their original conditions and packaging (unopened bottles, corks and labels not damaged). Any incomplete or damaged product, and/or whose packaging is damaged will not be taken back, nor exchanged nor refunded. The order number and the coordinates of the Client shall appear clearly on the shipping carton. In all these cases, WELLNESS&CO will reimburse the Subscriber having notified – within the time limit – the exercise of his right of withdrawal, within a period of thirty days from the receipt of the notification of withdrawal. The account of the Subscriber will be re-credited with the sum charged. Article 25 – Information and freedoms The information asked to the Subscribers in the questionnaire at the time of registration are necessary for the accurate processing of their order and may be communicated to suppliers of WELLNESS&CO involved in the execution of the command. In accordance with the law on “Computing and Freedoms”, the processing of personal information of customers was the subject to a declaration toward the National Commission of computing and freedoms (declaration n ° 1606785). Pursuant to applicable law, the customer has rights of opposition, access and rights of rectification of personal data. The Subscriber may require that information which are incorrect, outdated, or incomplete, or whose collection or use or communication is prohibited, be modified, completed, clarified or deleted. To enforce this right, the Subscriber simply needs to write to us on our CONTACT page. We hold the right to use the statistics provided by the inquiry forms that subscribers have completed to optimize our service and the one of our partners. The login information provided by WELLNESS&CO are personal and cannot be handed over. It is the responsibility of each customer to prevent access to the Website by third parties using a client’s data connection from.
Article 26 – Safeguard Clause
If one or more stipulations of these general conditions of sale were declared invalid pursuant to any law or regulation or in consequence of a final judicial decision, the other stipulations will keep force and scope.
Article 27 – Transfer of rights and obligations
In the event of total or partial sale of the activity of WELLNESS&CO, contracts binding the Subscriber and WELLNESS&CO and/or successors and assigns keep their binding force between the parties. WELLNESS&CO contracts will not be able to be transferred by the Subscriber without prior written consent of WELLNESS&CO. The contracts, rights and obligations of WELLNESS&CO may in any event be assigned or transferred without prior consent of the Subscriber.
Article 28 – Advertising on the www.cheese-sympathy.co.uk website WELLNESS&CO can freely insert advertising on his Website, and has a complete freedom of choice on the placement of these ads as well as on the advertisers and on the visualization of these ads.
Article 29 – Changes in the general conditions of sale
WELLNESS&CO holds the right to modify the present general conditions of sale in any case. In this case, the company WELLNESS&CO will inform customers and the new General Conditions will be applicable only to orders realized after the modification, or for subscriptions, from the month following the change. If the new General conditions of sale do not suit to a Subscriber, the latter should then terminates its subscription by sending a registered letter with acknowledgement of receipt before the entry into force of the new provisions, according to the procedures laid down in article “Faculty of withdrawal” of these general conditions for sale. The refusal of the new General conditions must be explicit, without explicit expression of will before the entry into force of the new provisions, the Subscriber will be deemed to have accepted the changes.
Article 30 – Applicable French law governs the present general conditions for sale. The application of the Vienna convention on the international sale of goods is expressly excluded. The Subscriber acknowledges that communications and electronic records of www.cheese-sympathy.co.uk will be considered by the parties as proof of trade, orders, payments and transactions engaged between the parties unless evidence of the opposite.
Article 31 – Clause conferring jurisdiction WELLNESS&CO cannot be held liable for any damages of any kind, tangible, or intangible or physical which could result from a malfunction or misuse of the products. It is the same for modifications of products induced by producers. WELLNESS&CO responsibility will, in any case, be limited to the amount of the order and cannot be called into question for simple errors or omissions that could remain despite all the precautions taken in the presentation of products. In case of dispute, the client will address in priority to the company to reach a friendly solution. If this fails, the parties acknowledge that any dispute will, regardless of the nature or the cause, be submitted to the competent Paris courts depending on the nature of the dispute.