ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“GTC”) apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers (“Customers or the Customer”) wishing to purchase the products offered for sale (“Products”) by the Seller on the website https://domaine-saint-andrieu.com. The Products offered for sale on the site are the following:
Red, rosé and white wine packaged in boxes of 6 bottles.
The main characteristics of the Products, and notably the specifications, illustrations and indications of the dimensions or capacity of the Products, are presented on the https://domaine-saint-andrieu.com website, which the Customer must read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to the availability of stocks, as specified when the order is placed.
These General Terms and Conditions of Sale are accessible at any time on the website https://domaine-saint-andrieu.com and shall prevail, where applicable, over any other version or any other contradictory document.
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the site https://domaine-saint-andrieu.com.
The Customer, by validating his order and these GCS, undertakes to be of legal age and have the legal capacity.
Unless proven otherwise, the data recorded in the Vendor’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
Domaine Saint Andrieu, SAS
Way of Saint Andrieu
Share capital of € 5,293,000 Euros
Registered with the RCS of Bordeaux under the number 448 465 997.
Phone : 04 94 59 52 42
The Products presented on the https://domaine-saint-andrieu.com website are offered for sale in the following territories:
ARTICLE 2 – PRICES
The Products are supplied at the prices in force appearing on the site https://domaine-saint-andrieu.com, at the time of the registration of the order by the Vendor.
The prices are expressed in Euros including all taxes.
The prices take into account any reductions that may be granted by the Seller under the conditions specified on the website https://domaine-saint-andrieu.com.
These prices are firm and non-revisable during their period of validity, as indicated on the site, the Seller reserves the right, outside this period of validity, to change prices at any time.
They do not include processing, management and transport costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer when the Products ordered are supplied.
ARTICLE 3 – ORDERS
It is up to the Customer to select on the https://domaine-saint-andrieu.com website the Products he wishes to order, according to the following terms and conditions:
The Customer selects on the site the Products he wishes to order, according to the following terms and conditions: the Customer chooses his Products and clicks on “Add to Cart”. Then the Customer goes to his shopping cart, checks that the information is correct and he will choose his delivery method as well as his payment method. He must click on ” Validate “.
The contractual information is presented in French and is subject to confirmation at the latest at the time of validation of the order by the Customer.
For orders placed exclusively on the Internet, the registration of an order on the Vendor’s site is carried out when the Customer accepts these GCS by ticking the box provided for this purpose and validates his order. The Customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming its acceptance (Article 1127-2 of the Civil Code). This validation implies the acceptance of the entirety of these GCS and constitutes proof of the sales contract.
The sale of Products shall not be considered final until the Customer has received confirmation of the Vendor’s acceptance of the order by e-mail and the Vendor has received the full price.
Any order placed on the Site constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Domaine Saint Andrieu reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
ARTICLE 4 – TERMS OF PAYMENT
The price is payable cash, in full on the day the order is placed by the Customer, according to the terms specified in the article “Orders” above, by secure payment.
– by credit card, Visa, MasterCard
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions carried out on the https://domaine-saint-andrieu.com website.
The Seller shall not be required to supply the Products ordered by the Customer if the price has not been paid in full beforehand under the conditions and above indicated.
Payments made by the Customer shall not be considered final until the Seller has actually received the sums due.
ARTICLE 5 – DELIVERIES
The products ordered by the Customer will be delivered in metropolitan France and Corsica.
The Products ordered by the Customer will be supplied by road carrier (DB SCHENKER) within a period of time ranging from 3 to 30 days from the final validation of the Customer’s order, depending on the delivery service providers, under the conditions provided for in these GCS supplemented by the special conditions of sale given to the Customer together with these GCS, at the address indicated by the Customer when ordering on the site.
The Seller undertakes to make its best efforts to supply the Products ordered by the Customer, within the framework of an obligation of means and within the time limits specified above.
If the Products ordered are unavailable, the Seller shall inform the Customer immediately and may offer the Customer a product of equivalent quality and price.
If the Products ordered have not been supplied within one month after the indicative date specified above, for any reason other than force majeure or the Customer’s fault, the sale may be cancelled at the Customer’s written request under the conditions set forth in Articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In the event of a specific request by the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a specific additional invoice at a later date.
In the absence of any reservations or claims expressly made by the Customer upon receipt of the Products, the Products shall be deemed to conform to the order, in quantity and quality.
The Customer shall have a period of 14 days as from the supply of the Products to make such reservations or claims in writing to the Seller, with all the relevant supporting documents.
No claim shall be validly accepted if the Customer fails to comply with these formalities and deadlines.
The Seller shall reimburse or rectify the Customer (insofar as possible) as soon as possible and at its expense, in accordance with the appropriate terms and conditions agreed by the Customer, the Products whose lack of conformity has been duly proven by the Customer, in accordance with the conditions set forth in Articles L 217-4 et seq. of the French Consumer Code and those set forth in these Terms and Conditions of Sale.
ARTICLE 6 – TRANSFER OF OWNERSHIP
The transfer of ownership of the Seller’s Products to the Customer shall only take place after full payment of the price by the Customer, regardless of the delivery date of said Products.
ARTICLE 7 – RIGHT OF WITHDRAWAL
According to the terms of Article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a telephone or off-premises canvassing, without having to justify his decision or bear costs other than those provided for in Articles L 221-23 to L 221-25.
The time limit referred to in the first paragraph shall run from the date :
1* From the conclusion of the contract, for contracts for the provision of services and those mentioned in article L 221-4 ;
2* From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal as from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the first good. »
The right of withdrawal may be exercised by means of a declaration, free of ambiguity, expressing the willingness to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GCS.
Returns must be made in their original condition and complete (packaging, accessories, instructions …) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The costs of return remain at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 – LIABILITY OF THE SELLER – WARRANTIES
The Seller guarantees, in accordance with the legal provisions and without additional payment, the Customer against any defect in conformity, resulting from a design or manufacturing defect in the Products ordered.
In order to assert its rights, the Customer must inform the Seller, in writing or by e-mail, of the existence of defects in conformity within a maximum period of 14 days from the supply of the Products.
The Seller shall reimburse or rectify or have rectified (to the extent possible) the Products deemed defective as soon as possible. Reimbursement shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Seller’s warranty is limited to the reimbursement of the Products actually paid for by the Customer, and the Seller shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law.
The Products supplied via the Seller’s Web Site comply with the regulations in force in France. The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are supplied, which it is up to the Customer, who alone is responsible for choosing the Products ordered, to verify.
ARTICLE 9 – INFORMATION TECHNOLOGY AND FREEDOM
In accordance with Law No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on Data Protection, known as RGPD), the Seller ensures the implementation of the rights of the persons concerned.
These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning it.
This right may be exercised under the conditions and according to the terms and conditions defined on the Site.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the Site is the property of the Vendor and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute a counterfeiting offence.
In addition, the Seller remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, etc., produced (even at the Customer’s request) for the purpose of supplying the Products to the Customer. The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models, etc. without the Seller’s express, written and prior authorization, which may be subject to a financial consideration.
ARTICLE 11 – IMPREVISION
These GTC expressly exclude the legal regime of contingency provided for in Article 1195 of the Civil Code for all orders. The Seller and the Customer therefore each renounce to avail themselves of the provisions of article 1195 of the Civil Code and of the contingency regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively onerous and to bear all the economic and financial consequences thereof.
ARTICLE 13 – FORCE MAJEURE
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations disappears, the parties shall make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the prevented party shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extrajudicial act. If the impediment is definitive or exceeds a period of 30 days, the present contract will be purely and simply resolved according to the terms defined in the article “Resolution for force majeure”.
ARTICLE 14 – RESOLUTION FOR FORCE MAJEURE
It is expressly agreed that the parties may terminate this contract by operation of law, without summons or formality in the event of force majeure.
ARTICLE 15 – APPLICABLE LAW – LANGUAGE
The present GTC and the operations resulting from them are governed by and subject to French law.
These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 16 – DISPUTES
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THE PRESENT GENERAL CONDITIONS OF SALE COULD GIVE RISE, CONCERNING THEIR VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES AND CONSEQUENCES AND WHICH COULD NOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, or to any alternative dispute resolution method (e.g. conciliation) in the event of a dispute.
ARTICLE 17 – PROTECTION OF MINORS
By law, the sale of alcohol to minors under 18 years of age is prohibited. Consequently, any person placing an order for wine on the Site undertakes and declares to be eighteen (18) years of age or older.