Latest score: Yes 10 No 15 (includes some of the best known sites)
On Friday 13th June 2014 the European Union Directive from October 2011 on contracts and distance selling came into force across the EU. The new rules replace the 2000 Distance Selling Regulations and provide on-line customers with increased protection.
Amongst the new provisions for distance selling are an extension of the right to cancel goods after delivery from seven days to 14 calendar days and money to be refunded within 14 days after the retailer receiving the returned goods (or proof that the goods are in the process of being returned). The initial delivery charges should also be refunded unless customer has chosen a more expensive delivery option. Previously refunds had to be within 30 days.
If customers are not properly informed of their rights the contract is not binding and the cancellation period can be extended by a year, so 14 days plus a year.
Last week on Jim’s Loire I surveyed a selection of UK on-line wine retailers to see if their Terms & Conditions were up to date. I concentrated on the cancellation period following delivery. Some UK retailers had updated their T&Cs, while others had not.
Today for Les 5 du Vin I have surveyed 25 French on-line wine retailers to see if their conditions conform to the Code de la consommation – Article L121-20 Version en vigueur au 14 juin 2014 (the version currently in force) + Article L121-19-1.
I chose a mix of large and small on-line retailers again concentrating on the cancellation period after delivery (faculté de rétraction). The research was done on 23rd June.
The result?
Out of the 25 on-line retailers – ten have amended to their CGVs (Conditions Générales de Vente) to come into line with the current legislation and state that customers have fourteen days after delivery to cancel their purchase for whatever reason. That a customer should receive a refund within 14 days of returning the goods is not always stated.
A number of companies decline to reimburse the cost of the initial delivery (the retailer to customer). Under the new regulations the cost of initial delivery (standard delivery) must be refunded, although if the customer has chosen a more expensive delivery option the additional cost is not refundable.
15 retailers, including some of the best-known on-line sites, such as idealwine, Millésima, Nicolas and Savour Club do not conform with the current legislation.
The Ten who conform with the new rules:
1jour1vin (repayment within a week after receiving goods back)
Cavissima (repayment within 30 days – should be 14)
Cdiscount
Chateauonline (as wines ordered are often not delivered, the cancellation period after delivery is probably hypothetical as it would be for 1855.con. Refund period 30 days – should be 14.) Les 5 du Vin’s very strong advice: do not buy from either 1855 or Chateauonline.
Grands Bourgognes
ventealapropriete.com (repayment within 14 days)
vin-malin (no time limit given for refunds)
vinatis (no time limit given for refunds)
Wine & Co
Wine in black (repayment within 14 days)
(7-day cancellation period, refund with 30 days)
The 15 who do not conform with Article L121-20 and associated legislation:
Aromes (7-day cancellation period, refund with 30 days)
Caves Direct (7-day cancellation period)
Chateaunet (7-day cancellation period, refund within 30 days)
Comptoir des Millésimes (7-day cancellation period)
idealwine (7-day cancellation on fixed price purchases, refunds in 30 days less initial delivery fees. This appears not to conform with Article L121-21-4 as the customer ‘s refund should include the initial transport costs unless they have chosen or a more expensive delivery option.) ** – see update
Lavinia (7-day cancellation period)
Les Hospices de Bourgogne (7-day cancellation period. No date given for refund. This appears not to conform with Article L121-21-4 as the customer ‘s refund should include the initial transport costs unless they have chosen or a more expensive delivery option.)
Millésima (7-day cancellation period)
Nicolas (7-day cancellation period. CGVs difficult to find on website)
Savour Club (7-day cancellation, refunds less initial delivery fees with no deadline given. This appears not to conform with Article L121-21-4 as the customer ‘s refund should include the initial transport costs unless they have chosen or a more expensive delivery option.)
SoDivin (7-day cancellation, refunds less initial delivery fees with no deadline given. This appears not to conform with Article L121-21-4 as the customer ‘s refund should include the initial transport costs unless they have chosen or a more expensive delivery option.)
Vins et Millésimes (7-day cancellation)
Vins étonnants (7-day cancellation, refund in 15 days)
Vins Grands Crus (7-day cancellation, refund in 15 days less processing costs (les frais de traitement). This appears to to conform with Article L121-20 as the customer only has to bear the cost of returning the goods not various administrative charges.)
Vins moins cher (7-day cancellation, refunds less initial delivery fees within two or three weeks – should be 14 days. This appears not to conform with Article L121-21-4 as the customer ‘s refund should include the initial transport costs unless they have chosen or a more expensive delivery option.)
Les 5 du Vin humbly suggests that retailers, especially the 15 and others who do not conform with the current rules, read the relevant legislation without further delay and speedily update their Terms & Conditions. If not they could find the cancellation period extended by a year! Très bonne lecture….
** Update: 24.6.2014 14.00 heures
idealwine – Les 5 are pleased to report that idealwine has now updated its CGVs (Terms & Conditions) to meet the new rules – 14-day cancellation period, 14-day refund to now include original delivery charge. Good to see prompt action!
Jim Budd
Les 5 du Vin 
idealwine has tweeted that they are in the process of changing their Terms & Conditions (CGVs). Will note this in the post once this has been done.
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Once more we’ll call you : Good Job Jim !
But we’ll see within a few weeks wether they do it or not…
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Michel. Thank you. Will be interesting to see how many of the now 14 non-conformists change their CGVs within the next 14 days.
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idealwine has now changed its CGVs.
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Please note that this issue is under review with our Law Firm. We expect to fix that issue in a few days… even if it is not written, we will of course do it… Thanks for asking before publishing!
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My team told me that we have proceed to the change yesterday June 24.
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Spatafora Gerard. Many thanks for your comments. The changes arise from an EU Directive published in late October 2011, so you at Millésima have had nearly two years to review ‘this issue’ with your Law Firm and ‘to fix the issue’. If you look at the legislation you will see that contracts concluded from 13.6.2014 are under the new distance selling rules.
NOTA :
Conformément à l’article 34 de la loi n° 2014-344 du 17 mars 2014, ces dispositions introduites par l’articles 9 de ladite loi s’appliquent aux contrats conclus après le 13 juin 2014.
NOTA :
Conformément à l’article 9 de la loi n° 2014-344 du 17 mars 2014, ces dispositions introduites par l’articles 9 de ladite loi s’appliquent aux contrats conclus après le 13 juin 2014.
These Notas are repeated throughout the section: Sous-section 6 : Droit de rétractation applicable aux contrats conclus à distance et hors établissement.
Spatafora Gerard: ‘My team told me that we have proceed to the change yesterday June 24.’
If I was you I would ask them how they came to this opinion.
Santé!
Jim
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Je ne comprends pas trop l’intérêt de cet article. Nous informer sur les nouveautés de la législation, ok et merci pour cet éclairage. Mais pour la suite, je ne suis qu’une amatrice de vin, pas une juriste… just a question: have you experienced any disagreement with a wine merchant concerning a good cancellation? If yes, thank you for telling us who refused to take back your wines, that would be helpful! Cheers 🙂
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wine_foolosophy: Merci d’abord.
Thanks. Do you shop on internet or order and pay for goods over the phone? The new rules extend already existing and important protections for those who shop at a distance. They do not just apply to wine. Other changes include not being allowed to charge excessive supplementary charges for using a credit card on-line and banning the use of premium telephone lines for customer services. I think these are important and significant changes and that retailers T&Cs should reflect these changes.
Whether you agree is, of course, entirely up to you.
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