General Terms and Conditions of sale on the Internet to private individuals
SAS Celliers des Vignerons Créateurs
Cave Coopérative – Viticole
Registered Office : 20 route de Nîmes – 30300 JONQUIERES SAINT VINCENT
RCS Nîmes 449 671 338
Intracommunity VAT number FR 09449671338
ADEME Identification number: F206068_01KSLS
Article 1 – Integrality
These General Terms and Conditions of Sale express the entirety of the obligations of the parties. The customer is therefore deemed to accept them without reservation.
These General Terms and Conditions of Sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are accessible on the seller’s website www.vigneronscreateurs.com and shall prevail, where applicable, over any other version or any other contradictory document.
The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.
If a condition of sale is unmet, it will be considered to be governed by the practices enforced in the on-line retail sector whose companies are registered in France.
These current General Terms and Conditions of Sale are valid until the day on which their revision is made necessary by a legal provision or a change in marketing conditions.
Article 2 – Content
The purpose of these General Terms and Conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer from the retailer’s website.
These conditions only apply to purchases made by buyers located in France and delivered exclusively within France. For all deliveries outside France, please contact the seller email@example.com located at 31 bis rue d’Arles – 30127 BELLEGARDE.
These purchases concern the following products: AOP (PDO) Costières de Nîmes, AOC (PDO) Côtes du Rhône , Pays d’Oc IGP (PGI) and Pays du Gard IPG (PGI) wines packaged in glass bottles, plus any ancillary products.
The buyer declares that he/she has read and accepted these General Terms and Conditions of Sale before making an immediate purchase or placing an order. In this respect, these Terms and Conditions are enforceable against him/her in accordance with the terms of Article 1119 of the French Civil Code.
Article 3 – Pre-contractual information
3.1 – Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these General Terms and Conditions of Sale, and of all the information listed in article L. 221-5 of the French Consumer Code.
3.2 – The buyer will be provided, in a clear and comprehensible manner, with the following information:
– the essential characteristics of the good(s) or service(s);
– the prices of the good(s) or service(s) ;
– any additional costs of transport, delivery or postage and any other costs that may be incurred;
– in the absence of immediate execution of the contract, the date or period within which the service provider undertakes to deliver the goods or perform the service, regardless of the price;
– information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.
3.3 – The seller shall provide the buyer with the following information:
– its name or corporate name, the geographical address of its place of business and, if different, that of its registered office, its telephone number and its e-mail address;
– the terms of payment, delivery and performance of the contract, as well as the arrangements made by the seller for dealing with complaints;
– in the case of a sale, the existence of and procedures for exercising the legal guarantee of conformity provided for in articles L.217-1 et seq. of the French Consumer Code, the guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code, and, where applicable, the commercial guarantee and after-sales service referred to respectively in articles L.217-15 and L.217-17 of the French Consumer Code;
– the duration of the contract, in the case of a fixed-term contract, or the conditions under which it may be terminated in the case of an open-ended contract.
3.4 – The seller shall indicate, with respect to digital content:
– any relevant interoperability of this content with certain hardware or software of which the professional has, or ought reasonably to have, knowledge.
Article 4 – Ordering
The buyer may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.
If a product ordered is unavailable, the buyer will be informed by e-mail.
For the order to be validated, the buyer must accept these general Terms and Conditions by clicking where indicated. The buyer must also choose the delivery address and method, which will determine the delivery cost, and finally, validate the payment method.
The sale will be deemed final:
– after the seller has sent the buyer confirmation of acceptance of the order by e-mail;
– and after receipt by the seller of the full price.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.
In certain cases, notably non-payment, incorrect address or other problems with the buyer’s account, the seller reserves the right to block the buyer’s order until the problem has been resolved.
The order for this product will then be cancelled and, if necessary, reimbursed, with the remainder of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer should write to the following address: firstname.lastname@example.org the seller undertakes to respond within 48 hours (working days).
Article 5 – Electronic signature
The online provision of the buyers’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement:
– eligibility of sums due under the purchase order,
– signature and express acceptance of all transactions carried out.
In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this fraudulent use has been established, to contact the seller:(email@example.com, address 31 bis rue d’Arles, 30127 BELLEGARDE).
Article 6 – Order Confirmation
The buyer may ask the seller to provide him/her with a copy of the contract on paper signed by the parties or, with the buyer’s agreement, on another durable medium, confirming the express commitment of the parties.
Article 7 – Proof of transaction
Computerised or digital registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 8 – Product information
The products governed by these General Terms and Conditions of Sale are those which appear on the seller’s website, and which are indicated as sold and dispatched by the seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.
Product photographs are not contractually binding.
Article 9 – Prices
The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.
Prices are given in euros. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the products in the on-line shop. The full price must be paid when the order is placed. At no time may the sums paid be considered as deposits or advance payments.
If one or more taxes or contributions, in particular environmental taxes, are created or modified, either increased or decreased, this change may be reflected in the selling price of the products.
Article 10 – Methods of Payment
This is an order with a payment obligation, which means that placing the order implies payment by the buyer.
In order to pay for their order, purchasers may choose from all the methods of payment made available by the vendor and listed on the vendor’s website. The purchaser guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. The seller has set up an order verification procedure designed to ensure that no one uses another person’s bank details without their knowledge.
As part of this verification, the buyer may be asked to send a copy of an identity document and proof of address to the seller by post or email. The order will only be validated once the seller has received and checked the documents sent.
Payment of the price is made when the order is placed, by bank card under secure payment (Secure Socket Layer).
The seller’s website guarantees you a risk-free purchase in complete confidence. When the buyer places an order on the seller’s website www.vigneronscreateurs.com, at the time of payment, the buyer transfers to the secure e-transaction server of the Crédit Agricole bank, the service provider designated by the seller. The credit card information entered is encrypted using SSL (Secure Socket Layer) protocol. Only the bank has access to the banking information. As well as being encrypted and illegible, this information is not stored on our servers (which is why you are asked to provide it again for each purchase). Our bank acts as a trusted third party.
Payments made by the buyer will not be considered final until the seller has received the sums due.
Article 11 – Product availability – Refunds – Dispute Resolution
Except in cases of force majeure (shortage of vintages) or during periods when the online shop is closed, which will be clearly announced on the home page of the site, delivery times will be as indicated below, subject to availability of stock. Delivery times run from the order registration date indicated on the order confirmation email.
For deliveries in mainland France, the delivery time is 5 working days from the day following receipt of the order confirmation email.
If the agreed delivery date or deadline is not met, the buyer must, before rescinding the contract, request the seller to perform within a reasonable additional period.
If no execution of contract has been made by the end of this new period, the buyer is free to cancel the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt, or in writing on another durable medium.
The contract will be deemed to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the contract has been fulfilled in the meantime.
The purchaser may, however, cancel the contract immediately if the dates or deadlines referred to above constitute an essential condition of the contract for him/her.
In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.
In accordance with Article L. 242-4 of the French Consumer Code, where the seller has not reimbursed the sums paid by the consumer, the sums due are automatically increased:
– the legal interest rate if reimbursement is made no later than 10 days after expiry of the 14-day period stated above,
– by 5% if the delay is between 10 and 20 days,
– by 10% if the delay is between 20 and 30 days,
– by 20% if the delay is between 30 and 60 days,
– by 50% between 60 and 90 days,
– and an additional five points for each further month of delay, up to the price of the product, then the legal interest rate.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
Article 12 – Delivery
Delivery means the transfer to the consumer of physical possession or control of the goods. Delivery only takes place after confirmation of payment by the seller’s bank.
The products ordered are delivered by shipment under the conditions agreed between the parties.
No deliveries will be made to temporary places of residence (hotels, camp sites, bed and breakfasts, etc.) or to P.O. Box addresses or Poste Restante addresses. Products are delivered to the address indicated by the buyer on the order form; the buyer must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. The buyer may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected from the place and within the time indicated.
If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).
This verification is considered to have been carried out once the buyer, or a person authorised by the buyer has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered post within two working days of receiving the item(s) at the latest, and send a copy of this letter by email or ordinary post to the seller at the address given on the Site’s legal notice.
If the products need to be returned to the seller, a request for their return must be made to the seller within 7 days of delivery. Any claim made after this deadline will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Incorrect delivery
The buyer must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer’s choice:
-Seller’s telephone number :+33 (0)4 66 01 10 39;
-E-mail address : firstname.lastname@example.org.
Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.
On receipt of the claim, the seller will allocate an exchange reference number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange reference number has been allocated.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address of the seller: 31 bis rue d’Arles, 30127 BELLEGARDE.
Return postage is at the seller’s expense.
Article 14 – Transfer of risk
Ownership of the goods sold is transferred to the buyer as soon as the parties agree on the goods and the price. Consequently, the transfer of ownership of the products and of the risks of loss and deterioration relating thereto takes place, at the buyer’s expense, as soon as the order form is accepted by the seller.
Article 15 – Product guarantee
The seller guarantees the conformity of the goods with the contract, enabling the buyer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold within the meaning of articles 1641 et seq. of the French Civil Code.
In the event that the legal guarantee of conformity is invoked, please note that :
– the buyer has a period of 2 years from delivery of the goods in which to take action;
– the buyer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-17 of the French Consumer Code;
– the buyer is exempt from having to prove the existence of a lack of conformity in the goods during the 6 months following delivery of the goods.
It should also be noted that :
– the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
– the buyer may decide to invoke the guarantee against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.
Article 16 – Withdrawal rights
In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 working days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain payable by the buyer.
However, products must be returned in their original packaging and in perfect condition within 14 days of the seller being notified of the buyer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new, and accompanied by the purchase invoice.
Damaged, soiled or incomplete products cannot be taken back by the seller.
The right of withdrawal may be exercised by post, using the forms available online and in particular the standard form reproduced in Appendix 2 of these general terms and conditions of sale. The right of withdrawal must be unambiguous and express the will to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be reimbursed.
The cost of returning the goods is borne by the buyer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.
Article 17 – Force majeure
Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the obligations of the parties and shall result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure means any unexpected event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the force majeure event lasts for more than three months, these general terms and conditions may be terminated by the injured party.
Article 18 – Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who alone holds the intellectual property rights to this content.
Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 19 – Information Technology and Civil Liberties – Protection of personal data
The nominative data supplied by the purchaser is only that which is strictly necessary to process his/her order, to draw up invoices and to carry out advertising campaigns, if the purchaser has agreed, concerning products similar to those that you order. The data is stored in a database on our servers. Here, the legal retention period of the billing accounting documents (stated as 10 years in 2022).
It may be communicated to the seller’s internal departments responsible for processing orders and to any of the seller’s partners responsible for executing, processing, managing and paying for orders.
You have the right to access, rectify or delete your personal data. You also have the right to data portability and the right to limit the processing of your data (see the cnil.fr website for more information on your rights). To exercise these rights or if you have any questions about the processing of your data under this system, the buyer may contact the seller by post at 31 bis rue d’Arles – 30127 BELLEGARDE, or by e-mail at email@example.com.
If, after contacting the seller, you feel that your “Civil Liberties & Data Protection” rights have not been respected, you can submit a complaint online to the CNIL.
Article 20 – Partial invalidation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 21 – Non waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 – Heading and titles
In the event of any difficulty of interpretation between any of the headings or titles appearing at the beginning of the clauses and any of the clauses, the titles will be declared non-existent.
Article 23 – Contract language
These General Terms and Conditions of Sale are originally written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
Article 24 – Mediation
The buyer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 25 – Applicable law
These General Terms and Conditions of Sale are subject to French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer should first contact the seller to obtain an amicable solution.
Article 26 – annexes
These General Terms and Conditions of Sale include two appendices:
Annex 1 : Provisions relating to legal guarantees
Annex 2 : Standard withdrawal form
ANNEX 1 – Provisions relating to legal guarantees
Reproduction of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the French Consumer Code and reproduction of articles 1641 and 1648 of the French Civil Code.
CONSUMER CODE :
The property conforms to the contract if it meets the following criteria, where applicable:
1° It corresponds to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is fit for any special purpose intended by the consumer, made known to the seller no later than the time of conclusion of the contract and accepted by the latter ;
3° It is supplied with all accessories and installation instructions, which must be supplied in accordance with the contract ;
4° It is updated in accordance with the contract.
In accordance with Article 21 of Order no. 2021-1247 of 29 September 2021, these provisions apply to contracts entered into on or after 1 January 2022.
I.-In addition to the criteria for compliance with the contract, the goods are compliant if they meet the following criteria:
1° It is fit for the use normally expected of goods of the same type, taking into account, where appropriate, any provisions of European Union law and national law, as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it possesses the qualities which the seller presented to the buyer in the form of a sample or model prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time the contract is concluded, unless the parties agree otherwise. ;
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public declarations made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling
II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he/she demonstrates:
1° That he/she did not know them and was not legitimately in a position to know them;
2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations ou
3° That public statements could not have influenced the purchasing decision.
III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he/she was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented upon conclusion of the contract.
Nota: In accordance with article 21 of ordinance no. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022.
The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs in particular with regard to:
1° The value that the good would have in the absence of a lack of conformity;
2° The importance of the lack of conformity; And
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the property into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the Civil code.
Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity, is justified in writing or on a durable medium.
Nota: In accordance with article 21 of Ordinance No. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022
In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer the price paid and returns any other benefits received under the contract.
If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if there is no reasonably expectation for him/her to agree to keep only the conforming goods.
For contracts mentioned in II of Article L. 217-1, providing for the sale of goods and, incidentally, the provision of services not covered by this chapter, the consumer has the right to the resolution of the entire contract. In addition, in the case of a group offer within the meaning of article L. 224-42-2, the consumer has the right to terminate all related contracts.
The respective obligations of the parties to the contract, mentioned in article L. 224-25-22 and relating to the consequences of the resolution for digital content and digital services, are applicable to the resolution of the contract of sale of a good comprising digital elements.
Nota: In accordance with article 21 of ordinance no. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022.
CIVIL CODE :
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it, or would have bought at a lower price, if such information had been available to them.
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In such a case the article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.
ANNEX 2 – Form for withdrawing from a distance purchase (on the internet, by mail order, teleshopping or telephone)
Model letter for consumer withdrawal in the case of a distance contract.
Letter to be sent by registered mail with acknowledgment of receipt to the seller.
Consumer’s first name and surname
Town and post code
Recipient : SAS Celliers des Vignerons Créateurs
Cave Coopérative Viticoles
31 bis rue d’Arles, 30127 BELLEGARDE
At (state location) …, the … (date of sending letter)
Mr / Mrs / Ms,
Le … (indicate date on purchase order), I have ordered … (object…) which was delivered to me (or I have received) … ( insert date).
In accordance with article L. 221-18 of the Consumer Code, I exercise my right of withdrawal.
Consequently, I kindly ask you to return to me as quickly as possible and at the latest within 14 days following receipt of this, the sum of.. (sum in euros) euros that I paid you when I ordered, in accordance with the provisions of article L. 221-24 of the Consumer Code.
Please find attached (indicate the returned item) that I am returning to you.