2 to 5 year peace of mind guarantee - (parts, labour and travel)

TERMS & CONDITIONS applicable in:

FRANCE, BELGIUM, LUXEMBOURG, MONACO and Switzerland (Geneva Region)

WARRANTY and AFTER-SALES SERVICE

Provided in collaboration with our partner

The Terms & Conditions of sale are available at www.my-wine-cabinet.com
The Warranty covers the unit(s) referenced for warranty periods (depending on the type of warranty) - the delivery date referred to - on the first page(s) of the present contract of guarantee.
Home delivery and installation are paid services.
The installation can be carried out if connection work has previously been performed. This includes:

• Verification of the correct operation;
• Explanation of instructions of use
• Delivery of the instruction & maintenance manual (in French)
• The issue of the certificate of manufacture, if it exists.

Any buyer preferring to install the product themselves is entirely responsible for the installation.

In case of defects or lack of instruction & maintenance manual, it is in the buyer's interest to notify the seller or the driver in writing at the time of collection, delivery or installation.

Regardless of the warranty provided, the seller remains liable for defects of goods to be fit for purpose and conform with the contract and unacceptable flaws under the specified conditions.

Article L. 211-4 of the Consumer Code:

The seller must deliver goods that conform with the contract and is liable for conformity defects that exist at the time of delivery. It is also liable for lack of conformity in the packaging, the assembly instructions or in the installation when the contract stated that it was the seller's responsibility or the installation was carried out under the seller's responsibility.

Article L. 211-5 of the Consumer Code:

To comply with the contract, the goods must be fit for the purpose usually associated with such a product and, where applicable:

• Match the description given by the seller and possess the qualities that the seller has presented to the buyer as a sample or model;
• Contain the features that a buyer can reasonably expect given the public statements made by the seller, by the manufacturer or their representatives, particularly in advertising or labeling.
• Have the characteristics which are defined in a mutual agreement by the parties or be suitable for a particular purpose which the buyer has made known to the seller and the seller has accepted.

Article L. 211-12 of the Consumer Code:

The legal action resulting from lack of conformity lapses two years after delivery of the goods.

Provided that the buyer can prove hidden defect, the seller must legally compensate them for all of the consequences (Art. 1641 of the Civil Code).

If the buyer goes to court, they must do so within two years of the discovery of the defect (Art. 1648 Civil Code).

NOTE: In the case of search for an amicable solutions before any legal action, this does not interrupt the 2 year period referred to above.

The compensation of the consequences of the hidden defect, when it has been proven, will be defined according to jurisprudence:

• Either repair of the unit, completely free of charge, including labour and travel costs instead of installation by the seller
• Or its replacement or full/part refund in the case that the device is neither replaceable nor repairable
• And compensation for any possible damage to persons or property caused by the failure of the device. The legal guarantee of the seller does not in any way exclude the legal guarantee of the manufacturer.

Article 1641 of the Civil Code:

The seller is required to guarantee against hidden defects of the item sold which render it unfit for the use for which it was intended, or which diminish the use so much, that the buyer would not have purchased, or would not have offered a lower price if they had known.

Article 1648, paragraph 1 of the Civil Code:

The legal action resulting from unacceptable defects must be filed by the buyer within two years of the discovery of the defect.

TERMS & CONDITIONS OF THE WARRANTY AND PAID SERVICES:

Once the device is switched on during a standard installation, and after finding that it is in working order as indicated by the manufacturer, this product is covered by the warranty under the conditions stated below.

START DATE AND DURATION:

The guarantee covers the unit indicated on the warranty submitted after delivery. The type of guarantee and its duration are listed on the warranty, the delivery date is used to calculate the duration and start date.

NOT COVERED BY THE WARRANTY:

All devices subject to a commercial, professional or collective use. Reconditioned or second hand devices.

NATURE :

The extended warranty is to ensure the proper functioning of equipment which have suffered an internal failure, it covers the costs of unit repair:

• the cost of defective parts
• labour costs
• travelling expenses

On-site response times may vary depending on the population density of the area to be served and the time of year:

My Wine Cabinet is committed to making all the necessary material and human resources available so that the response time, depending on the availability of the client, is less than 72 hours.

TO MAKE USE OF THE WARRANTY:

In case of product failure, the client must:

1. declare the failure within 5 working days of the date of the failure, specifying the date, nature and circumstances to a member of My Wine Cellar's customer service team, who will take charge of the situation.
2. present the damaged device under warranty during the repair, with its original invoice without erasure or modification, and the device's warranty on which the unit is listed. The serial number of the device must not be removed or changed
3. allow the authorized technician to repair the unit in the best possible conditions by clearing access, if necessary, to the device under warranty.

TERRITORIALITY:

The contract applies only to devices whose technical repairs will be carried out in France (excluding Corsica and Coastal Islands). If expressly accepted by My Wine Cabinet's customer service team, the repair may take place outside of France under certain conditions of geographic access and if there is a network of technicians operating nearby.

SPECIAL CONDITIONS:

The warranty and extended warranty contract covers all manufacturing or materials defects - those recognized as such by the manufacturer - as well as all internal malfunctions not excluded below, duly established by the approved after-sales service, excluding all others. This contract applies to the buyer of the new unit or any other person named by the buyer. The payee's name will appear on the contract. The contract is not transferable.

The warranty does not give entitlement to any compensation in cash or in kind.

If the downtime period is greater than 7 days, the warranty period is extended by a period equal to the downtime. The period of downtime starts from the buyer‘s repair request or the date that the equipment for repair is made available, when it is after the repair request.

TOTAL LOSS:

In the event of total loss, i.e. when the unit is not repairable or its value, depreciation deducted, is less than the cost of restoration, there will be compensation calculated from the date of loss and the original purchase price of the device, minus depreciation of 1% per month, calculated from the date of purchase. This compensation will take the form of a credit on the customer’s account, which can be accessed via the My Wine Cabinet website.

The present contract will stop automatically on the date of the compensation payment.

NOT COVERED BY THE WARRANTY:

• Damage that a third party is liable for or resulting from wilful misconduct or a fraudulent act
• Damage resulting from professional, industrial or collective use
• Maintenance fees and repair of damage resulting from improper maintenance, improper handling either in use or installation contrary to the manufacturer’s instructions or carried out by a third party, who is not authorized by SFG
• Travel costs resulting from an unjustified request for repair
• Labour costs related to parts not covered by this contract
• The contents of the devices
• The replacement of consumable parts and / or parts that are subject to wear and tear: batteries, light bulbs, lamps, door seals
• Failures related to accessories such as power cables, rubber parts, glass parts, plastic parts, shelves
• Replacement of glass parts, windows
• The cosmetic damage does not impede the proper functioning of the device, unless such damage caused by an event covered by the contract
• External parts: varnish, enamel, lacquer, paint
• Blows, shocks, scratches, accidents involving smoke or oxidation
• Connection or installation errors, damage to equipment when it has not been transported under the prescribed conditions
• Connecting cables and any material or immaterial damage that may result from them
• Technical evolutions not indicated at the time of support
• Damage to the unit caused by fire or explosion that originates in goods other than the device itself
• Damage due to: acts of malice or a cause that is external to the device (shock, collapse, theft, sabotage), accidents involving smoke, the use of energy, lightning, fire, water damage, changes in climate, surges or all costs covered by homeowners' insurance, misuse, mishandling, moisture causing corrosion or oxidation
• Simple adjustments and routine maintenance
• The repair or troubleshooting done by persons who are not authorized by the authorized service centre SFG. Any provisional or temporary repair carried out by the customer, which have the consequence of worsening the damage. It is expressly agreed that the guarantee does not apply if the model or material’s serial number is illegible or has been altered or removed. The authorized service centre SFG cannot be held responsible for a failure in the performance of its obligations for reasons beyond its control (absence of the client, inability to access their residence...)

NON PERFORMANCE DUE TO EXCEPTIONAL CIRCUMSTANCES:

SFG is committed to mobilizing all means at its disposal to make all the insurance payments listed in this contract.
However SFG can not be held responsible or non-performance or delays caused by:

• Civil or foreign war, whether declared or undeclared
• General mobilization
• The requisition of men and material
• The authorities
• Any act of sabotage or terrorism committed in the context of concerted action
• Social conflicts such as strikes, riots, civil commotions, lockouts, etc.
• Natural disasters (floods)
• The effects of radioactivity
• All cases of force majeure preventing the execution of this contract,

The above exceptions in no way reduce or remove the legal guarantee against hidden defects, which is a mandatory part of the manufacturer’s warranty.

DISCLAIMER:

The customer can decide to withdraw from the contract within 14 days of signing the subscription of the paid warranty and will then be reimbursed the amount paid, by sending a request by email at My Wine Cabinet.

CLAIMS:

In case of difficulty in the implementation of this contract, the customer has the option, to seek an amicable solution before any legal action, particularly with the help of a consumer association or a professional organization in the sector, or other counsel of their choice by writing to SFG - CS 30001 to 13106 ROUSSET CEDEX.

It must be noted that the search for an amicable solution does not interrupt the "two year period" in the legal guarantee (see art. 1) from the manufacturer, who can be consulted and involved in litigation upon the discovery of a compliance fault, which must be first be recognized as such, nor does it affect the duration of the warranty. It must also be noted that in general, and subject to the discretion of the courts, the clauses in this contract relating to the warranty state:

• That the buyer honors his financial commitments to the seller
• That the customer uses the machine in a normal way (*)
• For high-tech operations (*) no third party that is not authorized by the seller or the manufacturers should intervene to repair the unit (except in the case of force majeure or prolonged failings from the seller)

It should be noted that no request for order cancellation, refund or new product replacement will be accepted during the treatment of product failure by the customer service team (on site intervention + parts order / return to factory + repair + product return).

"DATA PROTECTION" LAW:

The information requested on the registration document of this contract is mandatory. It will not be used and will not be the subject of external communications to meet the needs of running the business.

It may lead to the exercising of the right of access and rectification to SFG (Société Française de Garantie) and the conditions laid out in Law 78-17, 6 January 1978 addressing computing, files and personal information.

Presentation conforming to standard NF X 50-002 for electrical and electronic appliances. Before signing the order form, the seller will communicate all the necessary steps to the buyer for the connection of the device according to the rules laid out in the article. The fulfilment of the services is entrusted to the Société Française de Garantie (SFG) RCS Aix en Provence N° 391 952 26

• A personalized TELEPHONE WELCOME service from Monday to Friday, 8:30 a.m. to 7:00 p.m. and Saturday from 8:30 a.m. to 1:00 p.m. (excluding public holidays)
• Pre-diagnosis, setting up and monitoring of repairs
• Guidance to contact the manufacturer in relation to the application of the original guarantee if necessary.
• Pay for Labour costs, spare parts and travelling expenses during the warranty period

(*) = See the instructions for use & maintenance as well as the Terms & conditions of the warranty and after sales service.

CGV version 2.0 - March 2012