General Terms and Conditions of Sale
La Sommelière is a brand of the FRIO ENTREPRISE group.
These general terms and conditions of sale ("T&Cs") apply to all orders placed on the website https://es.lasommeliere.com/ (“the Website”). By confirming their order, the Client declares that they have read and unconditionally accept these T&Cs. The present general terms and conditions of sale ("T&Cs") comply with Article L441-6 of the Commercial Code and apply to products sold by FRIO ENTREPRISE under a brand or trade name owned by or distributed by the company, and they form an integral part of our contractual stipulations. Placing an order implies full and unconditional acceptance by the buyer of these general terms and conditions of sale, notwithstanding any contrary stipulation proposed by the buyer. FRIO ENTREPRISE reserves the right to suspend any delivery or terminate any sale, particularly if the buyer engages in unfair commercial practices or violates applicable legal provisions, such as selling at a loss, or if the buyer fails to comply with any of its obligations under these general terms and conditions of sale. FRIO ENTREPRISE reserves the right to suspend or cancel the sale, in whole or in part, in the event of force majeure, defined as any event likely to stop or reduce the production of products, or the transport of goods, or to prevent the normal execution of the contract..
Subject
The T&Cs are intended to describe the terms of remote sale of goods and services between FRIO ENTREPRISE and the Client. They set out the full obligations and rights of both parties. FRIO ENTREPRISE may adapt or modify these T&Cs at any time. The applicable T&Cs are those in force on the date of the Client's order.
Orders
1. General Information
The Client places an order in accordance with the specifications listed on the Website. Any order validated by the Client will only be considered effective by FRIO ENTREPRISE after acceptance by the MOLLIE Internet payment server. Through the Website, the Client can choose to have the product delivered to their home or to an address of their choice. Any modification or cancellation of the order requested by the buyer will only be considered if it is received in writing before the products are shipped. In any case, FRIO ENTREPRISE reserves the right not to comply with such requests.
2. Anti-Fraud Control
To ensure the security of transactions and prevent fraud in online payments, FRIO ENTREPRISE reserves the right to verify the reliability of the information entered when registering the order. Consequently, the Customer Service of FRIO ENTREPRISE may request the Client to provide one or more supporting documents (a copy of an identity document and proof of address) by phone and/or email. This request will suspend the order until these documents are provided by email to [email protected] or by postal mail to the following address: FRIO ENTREPRISE IBERICA SLU, Website Service, Avd. Manoteras Nº 30 Ofi, A - 113 28050 Madrid. Additionally, FRIO ENTREPRISE may cancel the order in case of non-compliance or failure to submit these documents. In such a case, the cancellation of the order will not entitle the Client to any compensation.
Prices
The prices of the products listed on the Website are indicated in euros, inclusive of all taxes, including shipping costs to both mainland Spain, the Balearic Islands, and the Canary Islands. The prices of the products are those in effect at the time the Customer places the order. However, FRIO ENTREPRISE reserves the right to modify its sales prices at any time before the order is confirmed.
Payment
The products and services presented on the website are payable at the time of ordering.
Payment Methods
Payment can be made through the MOLLIE platform using a credit card, bank transfer, or via PayPal. We also offer an option to pay in 3 or 4 installments without fees through Klarna.
FRIO ENTREPRISE, Website Service, 143 bd Pierre Lefaucheux, 72230 Arnage.
Default of Payment
FRIO ENTREPRISE reserves the right to refuse to honor an order or to make a delivery to a Client who has not fully or partially paid for a previous order or with whom there is an ongoing payment dispute. FRIO ENTREPRISE reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of execution: i/ in case of non-payment of any sum due by the Client, ii/ or in the event of a payment incident.
Retention of Title
It is agreed that goods delivered and invoiced to the Client remain the property of FRIO ENTREPRISE until full payment of their price. Failure to pay may result in the reclaiming of the goods.
Product Availability and Delivery
1. Conditions
Deliveries are made exclusively in Spain. Delivery is carried out to the address specified by the buyer in the order. Delivery costs to the mainland are included in the final price. For the Balearic Islands and the Canary Islands, an additional cost will be specified based on the weight of the product and will be included in the final order price.
2. Availability and Delivery Time
Availability is indicated when the Client views the product. In case the ordered product is unavailable, the Client will be informed as soon as possible and will have the option to cancel the order. If an exchange is not possible, FRIO ENTREPRISE reserves the right to cancel the order and refund the amounts paid. The unavailability of the product shall not incur the liability of FRIO ENTREPRISE, nor entitle the Client to any damages. If no delivery time is specified, delivery will take place according to availability and in the order of receipt of orders. Our agreed delivery times are provided for informational purposes only and are non-binding.
3. Delivery Delays
Exceeding the delivery times shall not entitle the Client to damages, retention, or cancellation of ongoing orders. No penalty or damages will be accepted in the case of delayed, early, partial, or excessive delivery. Similarly, no penalty will be accepted due to delays caused by traffic accidents, police checks, or prolonged waiting at other platforms. In the event of damage during transport, this may result in partial or total rejection of the order linked to this damage. As this situation is not directly within our responsibility, it will not entitle the Client to penalties. In the absence of formally notified damage to the carrier during the inspection of the products at the time of delivery, FRIO ENTREPRISE disclaims responsibility for any damage to warehouses and/or sales outlets.
4. Transport and Home Delivery
Delivery is considered complete once the ordered goods are made available to the Customer by the carrier. This is confirmed by the Customer's signature on the delivery note, where they must confirm that the goods are in good condition or report any defects, or even arrival, report any defects, or refuse the product if necessary. Our "classic" or "doorstep" deliveries, which are those offered free of charge to the client, are made at the "doorstep," meaning at the bottom of your building or at the entrance of your residence. You must make arrangements to receive your package and transport it yourself. Please ensure that you measure your doors, stairs, and elevators before confirming your order.
Returning a Product
1. Claims
The Client must ensure, at the time of receiving their order or upon delivery, that the number of packages is correct and that the products are in good condition. If the delivered product(s) do not conform in nature or quantity to the specifications indicated on the delivery note or the invoice included with the shipment, or if they have been damaged during transport, the Client must fill in the delivery slip, clearly stating their reservations, and also report any damages due to transport. For products that do not conform to the order, if the delivery was made:
- By express parcel: A prepaid label will be sent to the Client by mail to return the product(s) at our expense upon receipt of the claim.
- By a carrier: The carrier will schedule a pick-up of the goods at the Client's residence.
To facilitate the return, it is essential that the Client retains the items in their original packaging and in the condition they were delivered. FRIO ENTREPRISE will contact the Client promptly and arrange a free, scheduled delivery for any available replacement product.
2. Right of Withdrawal
- Period: In accordance with articles L.121-20 and following of the Consumer Code, the Client has a period of fourteen (14) days from the delivery of their order to return any unsuitable item in its original packaging and request a refund for the product(s) ordered from FRIO ENTREPRISE.
- Procedures: The right of withdrawal must be exercised by registered letter with acknowledgment of receipt sent to the following address: FRIO ENTREPRISE IBERICA SLU, Avd. Manoteras Nº30 Off. A-113, 28050 Madrid, or through any legal means via email at [email protected].
- Return Costs Related to Client Withdrawal: The return costs related to the client's withdrawal are the sole responsibility of the client. Product(s) returned with postage due or cash on delivery will be refused by FRIO ENTREPRISE. If the product(s) were delivered by a carrier, the carrier will come, by appointment, to the Client's residence to pick up the product(s). The costs associated with the carrier's visit will be deducted from the refund made to the client. In any case, returned products must be in their original packaging, unused, accompanied by their proof of purchase, as well as all accessories, unassembled, user manuals, and documentation. The refund or exchange assumes that the product has not been damaged by the Client or returned incomplete. The refund for the product(s) after return will be made as soon as possible, and at the latest within 30 days following the withdrawal.
Warranties and After-Sales Service
1. Warranty Definition
FRIO ENTREPRISE IBERICA SLU grants the Customer a national 3-year warranty on functional parts. This warranty covers labor and travel expenses. The product is covered under warranty if accompanied by its purchase invoice. The warranty applies to products in their original purchase configuration, as long as the serial number remains legible. The warranty is valid in Spain.
2. Defect Upon Unpacking
If, upon unpacking the product, any defect is detected that prevents its use in the intended configuration, the Customer must contact FRIO ENTREPRISE IBERICA SL at [email protected] within 72 business
3. Warranty Extensions
Warranty extensions offered by FRIO ENTREPRISE are only valid for appliances under FRIO ENTREPRISE brands. These warranty extensions cover technical malfunctions only. The extensions cover the costs of defective parts, labor, and travel expenses within mainland France, excluding islands. If necessary, a technician will intervene on-site in mainland France, excluding islands.
4. Warranty Exclusions
The warranty extensions do not cover aesthetic or appearance parts, accessories, or wear-and-tear items (cables, seals, filters, lamps, etc.). Additionally, the following are not covered:
- Consequences of improper transport of products (e.g., transporting products horizontally).
- Damage or malfunctions caused by or resulting from failure to follow instructions, use of inappropriate energy sources, improper installation or connection, lack of maintenance, regular cleaning, or drainage.
- Damage attributable to external causes: theft, vandalism, electrical surges, falls, lightning, flooding, fire, etc.
- Professional or commercial use.
- Second-hand or decommissioned appliances.
- Maintenance operations, including annual defrosting, condenser dusting, and cleaning of condensate water drains.
- The content of the products.
The above provisions do not in any way reduce or eliminate the legal warranties.
Liability
FRIO ENTREPRISE shall not be liable for any indirect damages or costs, nor for any losses, including data or information loss, and any damages or expenses arising from the Client's use or inability to use the product. FRIO ENTREPRISE cannot be held responsible for goods stored inside its equipment and potentially deteriorated. The buyer is solely responsible for the contents stored in equipment sold by FRIO ENTREPRISE. Additionally, FRIO ENTREPRISE cannot be held liable for goods located inside the buyer's premises.
Force majeure
FRIO ENTREPRISE shall not be held responsible for the non-fulfillment of the contract due to the occurrence of a force majeure event. Considered as exonerating cases of force majeure are any irresistible, unforeseeable events beyond the parties' control.
Personal Data
In the course of your commercial relationship with FRIO ENTREPRISE, we may ask you for certain personal data. We will indicate whether this data is mandatory or optional.
The data is used solely for processing your order or request (newsletter subscription, participation in a game, information request, etc.) and for personalizing communication and product offers on the website and in our newsletters.
Your data is confidential. FRIO ENTREPRISE commits not to disclose it to third parties other than its subcontractors without your explicit consent. Therefore, we will only share your contact details with companies selected by FRIO ENTREPRISE whose offers may interest you, if you have agreed to this at the time of registration.
Our website is also designed to be attentive to our clients' needs. For this reason, we use cookies. Cookies are intended to track your visit to our website to improve the personalized service provided to you and facilitate your navigation on our site. You can refuse the installation of such cookies on your computer by adjusting your internet browser options (e.g., for Internet Explorer 7, by maximizing the privacy settings in the tools/internet options/privacy/settings section).
WARNING: Such an action may prevent you from using certain features of our website and other websites on this computer in the future.
In accordance with the law of January 6, 1978, relating to data processing, files, and freedoms, you have the right to oppose, access, rectify, and delete data concerning you. These rights can be exercised under the conditions provided by the law of January 6, 1978, by sending a letter to FRIO ENTREPRISE's Consumer Service:
143 boulevard Pierre Lefaucheux
72230 ARNAGE
France
In all cases, your request must be signed and accompanied by a photocopy of your identity document.
Modification of the Terms and Conditions of Sale
Any modification to these terms and conditions of sale must be contained in a written document signed by an expressly authorized representative of FRIO ENTREPRISE and referring to these terms and conditions of sale to be valid and binding on FRIO ENTREPRISE.
Applicable Law
These General Terms and Conditions of Sale (GTCS) are governed by French law. In case of a dispute, French courts will have exclusive jurisdiction.
Jurisdiction Clause
Consumer Dispute Mediation
In accordance with Articles L611-1 and following, and R612-1 and following of the French Consumer Code, for any contractual dispute relating to the execution of the sales contract and/or provision of services that could not be resolved through a prior claim submitted to our customer service, the Consumer may resort to free mediation. For this purpose, they may contact the National Association of Mediators (ANM), either by postal mail at 62 rue Tiquetonne 75002 PARIS, or by completing the online referral form at the following address: www.anm-conso.com.
Company Contact Details
FRIO ENTREPRISE – Headquarters
143 boulevard Pierre Lefaucheux
72230 ARNAGE
FRANCE