This version of the general terms and conditions of sale cancels and replaces all previous versions.
Preamble
Oé is a B Corp committed to the common good. Oé produces wines, spirits, and non-alcoholic beverages with partner winegrowers and producers, and ensures their marketing, while respecting the expression of the terroirs and the economic, social, and environmental conditions in which they are produced.
Article 1 – Seller Identification
The website https://www.oeforgood.com (hereinafter “the Website”) is operated by Oé SAS, a simplified joint-stock company with a share capital of €80,978.00, registered with the Lyon Trade and Companies Register under number 815 346 309, intra-community VAT number FR27815346309, whose registered office is located at 10bis Rue Bellicard, 69003 Lyon, France (hereinafter “Oé”).
Contact: by email at hello@oeforgood.com or by mail at the registered office address.
Article 2 – Scope
These general terms and conditions of sale (hereinafter “GTC”) apply to all sales of products concluded on the Website between Oé and any natural person acting for non-professional purposes (hereinafter “the Customer”).
Sales to professionals are subject to specific general terms and conditions of sale, available upon request.
The Customer declares that they have read and accepted the GTC before placing an order. The GTC applicable are those in force on the date of the order. Oé may amend the GTC at any time; amendments only apply to orders placed after they are published online. Previous versions are available upon request at hello@oeforgood.com.
The contract is concluded in French.
Article 3 – Sale of Alcohol
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors under the age of eighteen is prohibited. By ordering products containing alcohol, the Customer declares that they are at least eighteen years old. Oé reserves the right to request proof of age and to cancel any order in case of doubt. The person receiving the delivery must also be of legal age.
Alcohol abuse is dangerous to health; consume in moderation.
Article 4 – Products
The essential characteristics of the products (name, capacity, alcohol content, allergens, vintage if applicable) are presented on each product page. The photographs are as accurate as possible but may show slight differences from the delivered product, particularly regarding the label.
When a vintage is indicated and changes, Oé will inform the Customer before shipping; the Customer may then accept the new vintage or cancel their order and receive a full refund.
Products are offered subject to availability. If a product becomes unavailable after the order is placed, Oé will inform the Customer as soon as possible and issue a full refund within fourteen days.
Article 5 – Prices
Prices are indicated in euros, all taxes included (TTC), excluding delivery costs. Delivery costs are indicated to the Customer before the order is confirmed.
The price charged is the one in force at the time the order is confirmed. In the event of an obvious error in the displayed price (a derisory price or one unrelated to the product's value), Oé will inform the Customer, who may confirm their order at the correct price or cancel it free of charge.
Any change in applicable taxation (VAT, excise duties, social security contributions on alcoholic beverages, etc.) will be reflected in the prices of orders placed after it takes effect.
For deliveries outside France, any duties, taxes, and excise duties specific to the delivery country are indicated to the Customer before the order is confirmed or, failing that, remain their responsibility.
Article 6 – Order
To place an order, the Customer selects the products, adds them to their cart, enters their contact details and delivery address, chooses their delivery method, then reviews their order summary and may correct any errors. They then confirm their order, which implies an obligation to pay, and proceed to payment.
Oé confirms the order by sending a summary email to the Customer. The contract is formed upon receipt of this confirmation.
Oé may refuse or cancel an order for a legitimate reason, particularly in cases of abnormally high quantities, a prior dispute relating to the payment of an order, or doubt about the Customer's age.
Article 7 – Payment
Payment is made online at the time of the order, by credit card or via Shop Pay or Apple Pay, according to the payment methods offered at the time the order is confirmed.
Payments are processed by secure providers compliant with the PCI-DSS standard. Oé does not have access to the Customer's banking data and does not retain it.
The products remain the property of Oé until full payment of the price.
Article 8 – Delivery
Products are delivered to the address indicated by the Customer, in France and in the other European Union countries offered at the time of the order, according to the delivery methods indicated before the order is confirmed.
The delivery time is indicated to the Customer before the order is confirmed. If no time is indicated, delivery takes place no later than thirty days after the contract is concluded.
If the deadline is exceeded, the Customer may instruct Oé, in writing, to carry out the delivery within a reasonable additional period. If delivery has not taken place within this period, the Customer may terminate the contract in writing, in accordance with Articles L. 216-6 et seq. of the French Consumer Code. Oé will then refund the Customer the full amount paid no later than fourteen days after termination.
The risks of loss or damage to the products are transferred to the Customer at the time they, or a third party designated by them, physically take possession of the products.
The Customer is advised to check the condition of the package upon delivery and to report any anomaly (damaged package, broken bottle, missing product) to hello@oeforgood.com, ideally with a photo, as soon as possible. This procedure allows for rapid processing but does not deprive the Customer of their rights under the legal guarantees.
Article 9 – Right of Withdrawal
The Customer has fourteen days from receipt of the products to exercise their right of withdrawal, without having to justify their decision. In the event of an order for several products delivered separately, the period runs from the receipt of the last product.
To exercise this right, the Customer informs Oé of their decision before the deadline expires, using the withdrawal form included in the appendix or any other unambiguous statement, sent by email to hello@oeforgood.com or by mail to the following address: Oé, 10bis Rue Bellicard, 69003 Lyon, France.
The Customer returns the products to this same address no later than fourteen days after communicating their decision to withdraw. Return costs are borne by the Customer. It is advisable to reuse the original packaging to protect the bottles.
Oé refunds the full amount paid, including the initial delivery costs (based on the standard delivery method), no later than fourteen days after receiving the withdrawal decision. Oé may defer the refund until the products are recovered or until the Customer has provided proof of their shipment. The refund is made using the same payment method as that used for the order, unless the Customer expressly agrees to another method, and incurs no cost for the Customer.
The Customer is only liable in the event of a depreciation of the products resulting from handling other than that necessary to establish their nature, their characteristics, and their proper functioning.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for:
- products made to the Customer's specifications or clearly personalized (for example, personalized labels or gift sets);
- products that have been unsealed or opened by the Customer after delivery and cannot be returned for reasons of hygiene or health protection;
- alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond Oé's control (for example, en primeur sales).
Article 10 – Legal Guarantees
All products sold by Oé benefit from the legal guarantee of conformity and the legal guarantee against hidden defects. To exercise them, the Customer contacts Oé at hello@oeforgood.com, specifying their order number and the nature of the defect.
The consumer has two years from the delivery of the goods to obtain the enforcement of the legal guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to this digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity obliges the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while keeping the goods or terminate the contract and receive a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, notably when the consumer permanently bears the costs of collection or removal of the non-conforming goods, or if they bear the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or termination of the contract when the conformity defect is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the conformity defect is minor.
Any period of immobilization of the goods for their repair or replacement suspends the guarantee remaining to run until the delivery of the restored goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
The seller who willfully obstructs the enforcement of the legal guarantee of conformity faces a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or a full refund upon return of the goods.
Article 11 – Liability
Oé is automatically liable to the Customer for the proper performance of the contract, including when certain obligations are performed by service providers (carriers in particular), without prejudice to its right of recourse against them. Its liability can only be excluded in cases of force majeure within the meaning of Article 1218 of the French Civil Code or the Customer's fault.
The products comply with French legislation. For deliveries outside France, it is the Customer's responsibility to check that the products can be imported and consumed in the delivery country.
Allergens, particularly sulfites, are indicated on the product pages and labels. The Customer is invited to read them before consumption.
Article 12 – Personal Data
Oé, as data controller, collects the Customer's personal data (identity, contact details, delivery address, order history) to manage orders, deliveries, customer service, and the sending of commercial communications. These processing activities are based on the performance of the contract, Oé's legal obligations (notably accounting), Oé's legitimate interest, or the Customer's consent.
The data is intended for Oé and its technical service providers (Website hosting, payment, logistics and delivery, email sending). Some of these service providers may be located outside the European Union; transfers are then governed by the guarantees provided by Regulation (EU) 2016/679 (GDPR).
In accordance with the GDPR and Law No. 78-17 of January 6, 1978, known as the "Data Protection Act," the Customer has the right of access, rectification, erasure, limitation, objection, and portability of their data, as well as the right to define instructions regarding their fate after death. They may unsubscribe from commercial communications at any time via the link present in each email. These rights may be exercised by email at hello@oeforgood.com. The Customer may also file a complaint with the CNIL (www.cnil.fr).
Details of the processing activities, retention periods, and the use of cookies are set out in the Website's Privacy Policy.
Article 13 – Evidence and Archiving
Oé archives order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with Article 1379 of the French Civil Code. For any order with an amount equal to or greater than €120 TTC, Oé retains the contract for ten years from delivery and guarantees the Customer access to it upon request, in accordance with Articles L. 213-1 and D. 213-1 of the French Consumer Code.
Article 14 – Intellectual Property
All elements of the Website (texts, photographs, illustrations, labels, logos, trademarks) are the property of Oé or its partners. Any reproduction or use without prior authorization is prohibited.
Article 15 – Complaints, Mediation, and Disputes
For any complaint, the Customer should first contact Oé's customer service by email at hello@oeforgood.com or by mail at the registered office address.
In accordance with Articles L. 612-1 et seq. of the French Consumer Code, if a written complaint to Oé fails or if no response is received within two months, the Customer may free of charge refer the matter to the FEVAD (Federation of E-commerce and Distance Selling) E-commerce Mediator, 60 rue La Boétie, 75008 Paris, online at www.mediateurfevad.fr. The Customer and Oé remain free to accept or refuse recourse to mediation as well as the solution proposed by the mediator.
The GTC are subject to French law, without this choice depriving the Customer of the protection provided by the mandatory provisions of the law of their country of habitual residence. Failing an amicable settlement, the dispute may be brought before the competent courts under the conditions provided by the French Code of Civil Procedure and the French Consumer Code.
Article 16 – Miscellaneous Provisions
If any clause of the GTC were declared null or inapplicable, it would be deemed unwritten, without this resulting in the nullity of the other clauses, which retain their full force.
Oé's failure to invoke a clause of the GTC does not constitute a waiver of its right to do so subsequently.
Appendix – Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of Oé SAS, 10bis Rue Bellicard, 69003 Lyon, France – hello@oeforgood.com:
I/We (*) hereby notify/notifies (*) you (*) of my/our (*) withdrawal from the contract relating to the sale of the good (*) below:
Ordered on (*) / received on (*):
Order number:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is provided in paper form):
Date:
(*) Strike out the unnecessary mention.