Terms & Conditions
Dear customers, Pépin hereby sets out the general terms and conditions of sale that you accept when you make a purchase on our site.
These rules, which we are committed to respecting, enable us to provide you with the best possible service in a clear, no-surprise environment.
However, should a problem arise, our ethic is always to find a win-win solution with the customer, by discussing and proposing alternatives.
We want to provide you with the best possible service, avoid disputes and believe that you are the ambassadors of natural wine, that we share the same goal.
We invite you to read our general terms and conditions of sale in full, and you can always contact us by telephone or e-mail, and we’ll be happy to answer any questions you may have. These general terms and conditions of sale, hereinafter referred to as “the GTCS”, are entered into by the company PEPIN SAS, hereinafter referred to as “PEPIN”, on the one hand, and by any individual or legal entity, professional in the bottled or bulk wine distribution sector, on the other hand, who has purchased under the brand name PÉPIN, Le Petit Négoce or “Coucou !”, hereinafter referred to as “the Customer”, and jointly as “the Parties”, or individually as “the Party”.
The General Terms and Conditions of Sale are systematically sent or given to each customer to enable them to place an order.
They can also be consulted on the PÉPIN website (https://pepin.vin).
The GTC, in their latest version, are binding on the Customer.
The GCS and the order defining the special conditions constitute an indissociable whole, referred to as “the Order”.
The General Terms and Conditions of Sale take precedence over any General Terms and Conditions of Purchase of the Customer, unless expressly waived by PÉPIN.
- Purpose : The purpose of these GTS is to define the conditions of sale of Products and services by PÉPIN to the Customer, i.e. the Products in the context of the sale of the following goods: bottled or bulk wines.
The information contained in PEPIN catalogs, prospectuses and price lists is given for information only and may be revised at any time.
- Order Acceptance :These General Terms and Conditions of Sale are deemed to have been accepted once the Customer has placed an Order.
The Order may be signed by any means or procedure.
The e-mail is contractual.
The Customer acknowledges having read and understood the General Terms and Conditions.
The fact that PÉPIN does not avail itself at a given time of any of the provisions hereof may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
The mere placing of an order by the Customer by any means whatsoever shall constitute full and complete acceptance of these GTS.
The Order shall be considered irrevocable and may not be called into question by the Customer either in whole or in part.
PEPIN reserves the right, where applicable, to demand compensation at least equal to the amount of the costs resulting from any cancellation.
Orders may not be modified or cancelled without the prior written consent of PÉPIN.
Certain references may be subject to a minimum order.
- Good faith: In all matters relating to the Order, its interpretation and implementation, the Parties shall at all times act in good faith.
Good faith in this context includes, but is not limited to, an obligation to cooperate, not to deliberately mislead and to implement the Order for the mutual benefit of the parties, accepting that each party is entitled to achieve reasonable objectives.
- Packaging unit :In view of packaging constraints, PÉPIN informs the Customer, who accepts it without reservation, that the billing unit is the bottle whatever its capacity, and the packaging unit is the box of 6 (SIX) bottles or 3 (THREE) magnums.
- Price : Product prices are in euros, exclusive of tax and shipping costs, and apply on the date the order is placed.
Prices are updated periodically.
Products are invoiced on the basis of the price list in force at the time the order is registered.
Shipping costs and any surcharges due are the exclusive responsibility of the Customer.
FCA sales according to Incoterms ICC®2022
- Product quality : The products marketed are almost exclusively classified as “vin méthode nature”.
These wines have been produced using organic farming methods, and inputs have been kept to a minimum.
All wines are fair and marketable.
However, the wines may evolve over time in unusual ways, including during the delivery process.
PÉPIN can in no way be held responsible for changes in the aroma, taste or appearance of the wines. - Delivery :
7.1.
Conditions : The delivery time is indicated in the accepted Order.
Products ordered are delivered to the address indicated by the Customer.
Packages are transported to the addressee by the usual transport service provider or in any case by a service provider chosen by PEPIN, unless expressly agreed otherwise by PEPIN SAS in advance.
The choice of transport service provider is linked to the nature and quality required to transport the Products.
The customer or his representative must check the condition of the packaging and the contents of the package(s) on the delivery date, and reconcile the quantities delivered with the Order form.
Signing the delivery receipt implies unconditional acceptance of the Products by the Customer.
Products travel at the Customer’s risk.
The Customer must inform PEPIN of any damage caused by transport, loading or unloading within 48 hours of receipt of the packages.
If the Products ordered are not available on the day the order is processed but can be restocked, they will be sent to the Customer as soon as they are in stock.
If the Products ordered are not available in stock at the time the order is processed and cannot be restocked, PÉPIN will inform the Customer by mail, e-mail or telephone.
Deliveries are made within mainland France.
7.2.
Délai de livraison : The Vendor will make every effort to deliver the Order within its usual delivery times, generally 8 days in Metropolitan France.
Nevertheless, should the Vendor be unable to satisfy the Customer, it is hereby specified that under no circumstances may a refund of the Product be demanded.
7.3.
Réception des livraisons : Products are transported at the customer’s risk.
It is the customer’s responsibility to check the contents of the delivery at the time of delivery and, in the event of damage, delays, shortages, differences in weight, it is the purchaser’s responsibility to record regular reservations with the carrier on the receipt document, which must be signed and dated.
Reservations must be precise and substantiated.
To this end, it is essential that the buyer keeps the items in their packaging and in the condition in which they were delivered.
7.4.
Circonstances indépendantes de la volonté de PEPIN : PEPIN shall not be held liable for any loss, damage, error or failure to deliver an Order in the event of circumstances beyond its control.
Circumstances beyond the seller’s control” includes, but is not limited to: acts of God or force majeure, including, but not limited to: earthquakes, cyclones, storms, floods, wars, road, rail and air accidents, embargoes, any defects or peculiarities related to the nature of the shipment, even if known to the seller at the time of acceptance, any act, omission or negligence of any third party, for example: the sender, the consignee, any interested third party, any customs or other official employee, the postal services, any carrier or other third party to whom the shipment is entrusted by the transport service provider, to serve areas not directly served by itself, even if the sender has not requested or been informed of the use of a third party.
Similarly, PÉPIN is not liable for any damage caused by electrical or magnetic phenomena and/or the erasure of electronic or photographic images or recordings.
7.5.
Dommages indirects : In the event of late delivery, non-conformity of the delivery or indirect damages claimed by the Customer, PEPIN shall not be held liable for such indirect damages.
These indirect damages and losses include, in particular, any loss of income, profits, interest or markets, and any loss linked to the impossibility of using all or part of the shipment.
PEPIN’s direct or indirect liability shall in no event exceed the amount, exclusive of taxes and charges, of the Order or the disputed part of the Order.
- Product availability : Sales of Products are subject to lead times and stock availability.
In the event of unavailability of the product ordered, the Customer will be informed as soon as possible.
In this case, PÉPIN will replace the missing product with another of similar or higher quality at the agreed price.
Pepin reserves the right to refuse any Order due to restrictions on available quantities.
More generally, the Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning a previous order, or in the event of non-payment of any sum due by the purchaser, or in the event of a payment incident.
- Deterioration in the quality of the Products: Under no circumstances can the seller be held responsible for any deterioration in the quality of the Products and their packaging caused by transport.
- Delivery address : Products are delivered to the address indicated on the order.
In the event of delivery being impossible for reasons such as, for example, “incomplete address”, “false address”, “inaccessibility”, “establishment closed”, or absence of the CUSTOMER, PÉPIN will endeavour to contact the Customer to inform them of the situation and request additional information on the address or a new delivery address.
The cost of this redelivery will be borne by the Customer.
The information provided by the Customer when placing an order is binding: in the event of an error in the recipient’s contact details, PÉPIN shall not be held responsible for the impossibility of delivering the Product.
- Invoicing – Payment : Failure to pay by a single payment due date may result in the reclamation of the goods under a reservation of title clause.
A right of retention is also recognized to PÉPIN.
It is enforceable against all third parties.
In accordance with article L441-6 of the French Commercial Code, any sum not paid by the due date shown on the invoice will automatically give rise to late payment interest based on an annual interest rate equivalent to three times the legal interest rate for the current year.
In addition, in the event of late payment, the Customer will be liable to pay PÉPIN a fixed indemnity for collection costs amounting to forty (40) euros excluding VAT.
This indemnity will be due automatically from the first day of late payment for each unpaid invoice.
This indemnity is not subject to VAT and will not be taken into account in the calculation of late payment penalties.
This lump-sum compensation does not limit the amount of other expenses that may be incurred by PÉPIN for the purpose of recovering its invoices.
Expenses and fees incurred by the contentious recovery of sums due will always be charged to the Customer.
Failure to pay by a single due date may result in the reclamation of the goods under a retention of title clause.
PÉPIN is also entitled to a conventional right of retention.
The payment of the aforementioned late payment penalties does not discharge the Customer.
In addition, in the event of late payment persisting more than fifteen working days after formal notice to pay has been sent in vain, PÉPIN may immediately suspend performance of the Order until receipt of payment in accordance with the provisions of article 1219 of the French Civil Code.
Such suspension shall be to the exclusive detriment of the Customer, who shall not be entitled to claim any compensation or penalty in the event of delay, and shall be solely liable for any harmful consequences of such suspension.
- Single account and contractual netting :Toll a Customer’s accounts, whether established in Euros or in other currencies, whatever their nature and/or title, therefore constitute, in fact and in law, only the elements of a single and indivisible account.
The Customer accepts without reservation the offsetting by agreement of an invoice for an Order against another invoice for an Order placed with PÉPIN. - Discount : No discount will be granted for early payment.
- Retention of title: PÉPIN retains ownership of the goods and merchandise sold, the Products until full payment of the price, in principal and accessories.
If the Customer is the subject of receivership or liquidation, PÉPIN reserves the right to claim any sums due, within the framework of the collective proceedings, for goods sold and remaining unpaid.
- Commercial references : The Customer authorizes PÉPIN to reproduce and distribute the Customer’s trademark and logo free of charge.
This royalty-free reproduction authorization is granted on a limited basis for the following media:Reference list/- Corporate presentations/ -Corporate websites.PEPIN acknowledges that this authorization does not give it any right of ownership over the Customer’s brand and/or logo, and undertakes to make strictly limited use of it for the above-mentioned media, without any extension to any other medium being possible without the Customer’s prior written consent.
In any event, the Customer has the right to formulate any request for modification, whether minor or major, in the use of its intangible rights.
PEPIN undertakes to respond within a reasonable time to such requests, and to give reasons if it does not grant the Customer’s request.
PEPIN informs the Customer that the name, the nominal and figurative trademark, and the names of Products marketed by PÉPIN are protected both in France and abroad.
Any use, direct or otherwise, by the Customer without the prior formal authorization of PÉPIN constitutes a punishable infringement.
- Legal information :Minors and legal capacity.
Article L3342-1 of the French Public Health Code prohibits the sale and supply of alcoholic beverages to minors or similar persons.
Consequently, by placing the Order, the Customer certifies that he/she has the legal capacity to conclude the Order and is legally authorized to consume or make available alcoholic beverages.
Alcohol abuse is dangerous for your health.
Drink in moderation.
Visuals (bottle shapes, labels, back labels, etc.) are not contractual.
- Data processing and management : The data controller is PEPIN as a legal entity.
The Parties agree that in the course of fulfilling the Order, PEPIN will collect commercial, technical, logistical and other data belonging to the Customer and its transport service providers.
The Customer undertakes to provide this data to PÉPIN and to vouch for it.
Consequently, PÉPIN undertakes to respect and to ensure respect by its staff, its subcontractors and in particular its host, of the conditions of use of the data collected on the online platform, which are as follows:
Maintain the security of collected data in all circumstances, and in particular prevent it from being distorted or damaged, or accessed by unauthorized third parties.
Not to use or exploit personal data and/or databases for any purposes other than those related to the performance of its services.
Not to pass on the data and/or databases to other partners or third parties of any kind, without the Customer’s prior authorization..
Delete from any database the data collected and/or databases collected, no later than two (2) years after the end of the Order, unless the Parties have agreed to renew their commercial relationship,
PEPIN undertakes to ensure secure access, consultation and use of the websites, as well as the protection and confidentiality of files and information transmitted by the Customer, so that none of this data is extracted in any way whatsoever and reproduced on any type of known or future medium.
PÉPIN only holds data classified as “DCP courantes”, and has ensured that it strictly complies with the enhanced obligations of the new European Data Protection Regulation (RGPD), in force on May 25, 2018.
- Civil liability insurance: The Parties declare that they have insurance covering all risks related to the exercise of their activity and the proper performance of the services covered by the Order.
The Parties undertake to provide the other Party, on first request, with a copy of the insurance certificate. - Settlement of disputes: Any dispute or litigation relating to the interpretation and performance of these GCS or the Order shall be governed by French law.
In the event of a dispute, the parties will endeavor to find an amicable solution.
Should it prove impossible to settle the dispute amicably, the Parties hereby designate the Commercial Chamber of the Strasbourg Court of Justice as having sole jurisdiction.
Privacy policy
We are a natural wine trading company and we are committed to protecting your privacy and personal data.
This privacy policy explains how we collect, use and protect your information. Collection of information We collect information when you browse our website, subscribe to our newsletter or place an order.
The information we collect may include your name, e-mail address, delivery address, telephone number, IP address and wine preferences.
Use of information We use the information you provide to provide products and services to you, to communicate with you about your order, to personalize your experience on our website, to improve our products and services, and to send you newsletters or promotional offers.
Protection of information We take the security of your information very seriously and use security measures to protect your personal data against unauthorized access, disclosure or destruction.
We do not sell your information to third parties. Cookies We use cookies to enhance your experience on our website.
Cookies are text files that are stored on your computer or mobile device when you visit our website.
Cookies enable us to identify you and provide you with a personalized experience on our website.
You can disable cookies in your browser settings.
In accordance with article L.3342-1 of the French Public Health Code and law no. 2009-879 of July 21, 2009, the sale of alcohol to minors is prohibited.
Pregnant women are advised not to consume alcohol, even in small doses.
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH.
CONSUME IN MODERATION.
In accordance with the provisions of article 6 III-1 of law no. 2004-575 of June 21, 2004 for confidence in the digital economy, we inform you that the present site https://pepin.vin (hereinafter the “Site”) is the exclusive property of the Pépin company.
Terms of use
1. Information about Pépin
Pépin is a société par action simplifiée (simplified joint stock company) with a share capital of €37,500, registered in the Colmar Trade and Companies Register under number B 903 202 836, with an intra-Community VAT number of FR44903202836 and its registered office at 50 RUE DE DAMBACH 67750 SCHERWILLER (hereinafter referred to as the “Company”).
The Company’s contact details are as follows PEPIN 50 Rue de Dambach
67750 Scherwiller
Email : contact@pepin.vin
The Site is hosted by Société OVH Head office: 2 rue Kellermann – 59100 Roubaix, France Tel.
+33 (0)8 99 70 17 61 www.ovh.com
2. Personal data
The Company may collect personal data concerning the user of the Site.
For further information on the processing of personal data, users are invited to consult our privacy policy: https://pepin.vin/politique-confidentialite/
3. Modifications
Pépin reserves the right to modify or supplement the present legal notice at any time and without prior notice.
The user is responsible for regularly consulting the present legal notice.