General Terms and Conditions of Sale – Vinoteca Maxima

Version in force as of 01/01/2026. This English version is provided for information only; in the event of any discrepancy, the French version shall prevail.

Article 1 – Scope and identification of the seller

1.1. Seller

The website accessible at vinoteca-maxima.fr (hereinafter the "Site") is operated by:

Machi Vinoteca Maxima GmbH, a limited liability company under German law. Registered office: Am Güterbahnhof 1, 77694 Kehl, Germany. Registered in the commercial register of the Local Court (Amtsgericht) of Freiburg im Breisgau under number HRB 731862. Managing director(s) (Geschäftsführer): François Machi. Email: vinoteca@vinoteca-maxima.fr. Telephone: [number].

Hereinafter referred to as "VINOTECA-MAXIMA".

Customer Service and returns address: VINOTECA-MAXIMA – Customer Service – Am Güterbahnhof 1, 77694 Kehl, Germany.

1.2. Scope

These general terms and conditions of sale (hereinafter the "GTC") apply to all distance sales contracts concluded between VINOTECA-MAXIMA and a Customer, via the Site, by telephone or by email. They cover alcoholic beverages (champagnes, wines, spirits, aperitifs), accessories (serving equipment, breathalysers, books, gift cards, etc.) and tickets for events (workshops, tasting evenings, masterclasses, etc.) (hereinafter together the "Products").

The "Customer" is any natural person aged at least 18 with full legal capacity, acting for purposes outside their trade, business or profession (a consumer within the meaning of Section 13 of the German Civil Code – BGB).

The Customer's own general terms and conditions do not apply unless expressly agreed in writing by VINOTECA-MAXIMA.

1.3. Sale of alcohol and legal age

The sale of alcoholic beverages to minors is prohibited. By placing an order, the Customer confirms that they are at least 18 years old. VINOTECA-MAXIMA and its carriers may request proof of identity when the order is placed or when the parcel is handed over. VINOTECA-MAXIMA refuses any sale where the Customer is not of legal age or where the regulations of the place of delivery restrict the sale of alcoholic beverages.

Alcohol abuse is dangerous for your health. Please drink responsibly.

Article 2 – Products

2.1. Description

The essential characteristics of the Products are shown on each Product's page (photograph, label, description, volume, alcohol content, price). The product page is authoritative. Photographs are provided for illustration. The label or presentation of a bottle may differ slightly, in particular depending on the vintage, without affecting the essential characteristics of the Product.

2.2. Availability

Products are offered while stocks last. If an ordered Product turns out to be unavailable after the order, VINOTECA-MAXIMA informs the Customer without delay. Any sums already paid for that Product are refunded within fourteen (14) days. With the Customer's express consent, VINOTECA-MAXIMA may instead offer a Product of equivalent quality and price, or a deferred delivery.

Article 3 – Conclusion of the contract

3.1. Ordering on the Site

The presentation of Products on the Site does not constitute a binding offer. It is an invitation to place an order.

The Customer adds the desired Products to their cart, then opens the cart to check and modify its contents (Products, quantities). There, they can calculate estimated shipping costs and enter a promotional code. They then follow the ordering process:

•         entering their email address;

•         choosing the delivery method (home delivery, pick-up point or in-store collection) and entering the required information;

•         choosing the payment method;

•         reviewing the order summary, with the option to correct any input errors;

•         accepting these GTC and confirming that they are of legal age by ticking the box provided;

•         submitting the order by clicking the "Order with obligation to pay" button.

By clicking this button, the Customer makes a binding offer to purchase the Products in their cart.

VINOTECA-MAXIMA immediately sends an email acknowledging receipt of the order. This acknowledgement does not constitute acceptance. The contract is concluded when VINOTECA-MAXIMA accepts the order by an order confirmation or shipping confirmation email, or at the latest when payment is collected.

3.2. Ordering by telephone or email

After discussion with the Customer, VINOTECA-MAXIMA sends them a quotation by email. The contract is concluded when VINOTECA-MAXIMA receives the quotation dated, signed and marked "Approved" ("Bon pour accord").

3.3. Language and storage

The contract is concluded in French. VINOTECA-MAXIMA stores the text of the contract. The order details and these GTC are sent to the Customer by email. The Customer can also view their orders in the "My account" section. Where the order amounts to 120 euros including VAT or more, the contractual documents are kept for ten (10) years and provided to the Customer upon simple request to vinoteca@vinoteca-maxima.fr.

Article 4 – Quantity limits and refusal of orders

The Products are intended exclusively for personal use. VINOTECA-MAXIMA may refuse an order in the following cases:

•         the order exceeds, over a one-month period and in one or more orders, 10 litres of spirits, 20 litres of liqueur wine or 90 litres of wine (including a maximum of 60 litres of sparkling wine);

•         within the last four (4) months, the Customer has already ordered a bottle of a reference marked "Limited to one bottle per customer";

•         the circumstances indicate a professional or resale purpose;

•         a previous order is subject to a payment dispute, or there are objective indications of fraud.

As long as the contract has not been concluded, such refusal is free of charge for the Customer. Any amount already debited is refunded.

For events, VINOTECA-MAXIMA reserves the right to cancel the event if the minimum number of participants stated on the product page is not reached. The Customer is informed at the latest [X] days before the scheduled date and chooses between a full refund and registration for another event.

Article 5 – Prices and delivery costs

5.1. Prices are stated in euros, including all taxes (applicable VAT and the excise duties of the country of delivery). Delivery costs are shown separately before the order is submitted. They depend on the weight, the shipping method and the place of delivery.

5.2. The applicable price is the one displayed on the Site when the order is submitted.

5.3. Free delivery does not apply to "En Primeur Wines". Specific delivery rates are communicated to the Customer before the contract is concluded.

Article 6 – Payment

6.1. The price is payable in full when the order is placed.

6.2. Payment is made by bank card via the secure Stripe platform. VINOTECA-MAXIMA has no access to the Customer's bank details.

6.3. The invoice is sent by email and remains available in the "My account" section.

6.4. To prevent fraud, VINOTECA-MAXIMA may, before accepting an order, request proof of identity, date of birth or address. If these documents are not received within [7] days, VINOTECA-MAXIMA may refuse the order and then refunds any amount already paid.

Article 7 – Retention of title

The Products remain the property of VINOTECA-MAXIMA until the price has been paid in full.

Article 8 – Delivery

8.1. VINOTECA-MAXIMA delivers to metropolitan France and to the other countries indicated during the ordering process, subject to the legal restrictions of the destination country.

8.2. Unless otherwise stated on the product page or during ordering, the delivery time is five (5) working days from the conclusion of the contract. For the "Express" option, this time is [X] working days.

8.3. In-store collection takes place at the following address: [address], during the opening hours shown on the Site, upon presentation of proof of identity.

8.4. The Customer is responsible for the accuracy of the delivery address. If a delivery fails because of an incorrect address or the recipient's repeated absence, the cost of re-shipping may be charged to the Customer.

8.5. In the event of a delivery delay, the Customer is invited to inform VINOTECA-MAXIMA, which will open an investigation with the carrier. The Customer's statutory rights in the event of delay, in particular the right to rescind the contract after setting a reasonable additional period, remain unaffected.

Article 9 – Passing of risk and receipt

9.1. The risk of loss of or damage to the Products passes to the Customer when they, or a third party designated by them other than the carrier, take physical possession of the Products.

9.2. VINOTECA-MAXIMA asks the Customer to check the condition of the parcel on receipt. In the event of visible damage (breakage, damaged parcel, missing product), the Customer is invited to:

•         note any reservations on the delivery note;

•         inform VINOTECA-MAXIMA as soon as possible, ideally within 72 hours, at vinoteca@vinoteca-maxima.fr, with photographs.

This allows VINOTECA-MAXIMA to assert its rights against the carrier. Failure to meet this time limit has no effect on the Customer's statutory rights, in particular under the statutory warranty.

Article 10 – Right of withdrawal

10.1. Information on the right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier designated by you, take physical possession of the goods. Where several goods are ordered and delivered separately, it expires fourteen days after you take possession of the last item. For services, it expires fourteen days after the conclusion of the contract.

To exercise your right of withdrawal, you must inform us of your decision by means of an unequivocal statement:

•         online, using the "Withdraw from contract" function available [in the footer of the Site and in the "My account" section];

•         by email to vinoteca@vinoteca-maxima.fr;

•         by post to VINOTECA-MAXIMA – Customer Service – 3 rue du Maréchal Mac Mahon – 67110 Reichshoffen, France.

You may use the model withdrawal form in the appendix, but this is not mandatory. If you use the online function, we will send you an acknowledgement of receipt on a durable medium (for example by email) without delay. To meet the withdrawal deadline, it is sufficient for you to send your statement before the withdrawal period has expired.

10.2. Effects of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery. This excludes any supplementary costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us. Reimbursement is made without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is the earlier.

You shall send back the goods to the Customer Service address above without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the goods before the period has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Opening a bottle, removing its capsule or damaging its label may result in a loss of value of up to the full value of the item. The amount of this loss of value may be deducted from the refund.

10.3. Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

•         alcoholic beverages whose price was agreed at the time of conclusion of the contract, whose delivery can only take place after thirty days and whose actual value depends on market fluctuations beyond VINOTECA-MAXIMA's control, in particular En Primeur Wines;

•         goods made to the Customer's specifications or clearly personalised (for example an engraved bottle);

•         leisure services to be provided on a specific date or within a specific period, in particular tickets for events (workshops, tasting evenings, masterclasses).

Article 11 – Statutory warranty

11.1. The Customer is entitled to the statutory rights in the event of a lack of conformity of the Products (Sections 434 et seq. and 474 et seq. BGB). In particular, they may require the Product to be brought into conformity, by repair or replacement. Failing that, they may obtain a price reduction or rescission of the contract, as well as damages under the statutory conditions.

11.2. Claims for lack of conformity are time-barred two (2) years after delivery of the Products.

11.3. Where the Customer is habitually resident in France, they also retain the benefit of the mandatory provisions of French law, insofar as these are more favourable to them. This includes the legal guarantee of conformity (Articles L.217-3 et seq. of the French Consumer Code), including the presumption that a defect appearing within twenty-four (24) months existed at the time of delivery, and the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code).

11.4. For any claim, the Customer contacts Customer Service at vinoteca@vinoteca-maxima.fr. Where the defect is recognised, the costs of return and redelivery are borne by VINOTECA-MAXIMA.

11.5. Wine is a living product. Natural variations due to ageing (sediment, change in colour, fill level consistent with the bottle's age) do not constitute a lack of conformity, unless they go beyond what can reasonably be expected in view of the Product description.

Article 12 – Liability

12.1. VINOTECA-MAXIMA is liable without limitation in cases of intent or gross negligence, injury to life, body or health, fraudulent concealment of a defect, and in the cases provided for by the German Product Liability Act (Produkthaftungsgesetz).

12.2. In cases of slight negligence, VINOTECA-MAXIMA is only liable for breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may legitimately rely. In this case, liability is limited to the foreseeable damage typical for this type of contract.

12.3. The above limitations also apply to VINOTECA-MAXIMA's employees and agents.

Article 13 – Force majeure

VINOTECA-MAXIMA is not liable for non-performance or delayed performance of its obligations resulting from an event beyond its control that is unforeseeable and unavoidable (natural disaster, carrier strike, pandemic, administrative decision, etc.), for the duration of that event. VINOTECA-MAXIMA informs the Customer without delay. If the impediment lasts more than [30] days, either party may rescind the contract and any sums already paid are refunded.

Article 14 – Intellectual property

The texts, photographs, illustrations, videos, trademarks, logos and other elements of the Site are protected by intellectual property law. Any reproduction or representation, in whole or in part, without the prior written consent of VINOTECA-MAXIMA is prohibited.

Article 15 – Personal data

VINOTECA-MAXIMA processes the Customer's personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the German Federal Data Protection Act (BDSG). The details of this processing and the Customer's rights are set out in the Privacy Policy available [here / link].

Article 16 – Dispute resolution

16.1. In the event of a complaint, the Customer is invited to contact Customer Service first at vinoteca@vinoteca-maxima.fr, with a view to finding an amicable solution.

16.2. [Option A] VINOTECA-MAXIMA is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

[Option B] VINOTECA-MAXIMA is willing to participate in out-of-court dispute resolution proceedings before the following body: [name, address, website].

16.3. For cross-border disputes, Customers resident in France can obtain free information and assistance from the European Consumer Centre France (www.europe-consommateurs.eu).

Article 17 – Governing law and jurisdiction

17.1. These GTC and the contracts concluded with VINOTECA-MAXIMA are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This choice of law does not deprive the Customer of the protection afforded by the mandatory provisions of the law of the State of their habitual residence.

17.2. The Customer may bring proceedings either before the courts of their place of domicile or before the courts of VINOTECA-MAXIMA's registered office. VINOTECA-MAXIMA may only bring proceedings against the Customer before the courts of the State in which the Customer is domiciled.

17.3. If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions remain in force. The provision concerned is replaced by the applicable statutory provisions.

17.4. These GTC are drawn up in French. Any translation is provided for information only; in the event of any discrepancy, the French version shall prevail.

Article 18 – Contact

For any question regarding these GTC or an order:

•         the "Contact" form on the Site;

•         email: vinoteca@vinoteca-maxima.fr;

•         telephone: [number, opening hours];

•         post: VINOTECA-MAXIMA – Customer Service – 3 rue du Maréchal Mac Mahon – 67110 Reichshoffen, France.

Appendix – Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract. You may also use the online "Withdraw from contract" function.)

To: Machi Vinoteca Maxima GmbH – Customer Service, 3 rue du Maréchal Mac Mahon – 67110 Reichshoffen, France. Email: vinoteca@vinoteca-maxima.fr

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

Description of the Product(s): ……………………………………………

Ordered on (*) / Received on (*): ……………………………………………

Order number: ……………………………………………

Name of consumer(s): ……………………………………………

Address of consumer(s): ……………………………………………

Signature of consumer(s) (only if this form is notified on paper): ……………………………………………

Date: ……………………………………………

(*) Delete as appropriate.