General Terms and Conditions of Sale

General Terms and Conditions of Sale

COTEAUX de la VEZERE SICA SAS Caution: The Vendor sells wine and accessories. The Vendor among other things markets the aforementioned goods and/or services through the website https://www.coteaux-vezere.fr The list of goods and services being sold online by the Vendor is available on the following website https://www.coteaux-vezere.fr The Parties agree to be bound exclusively by this contract, excluding any previous version of the terms and conditions available on the Vendor’s website. The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time by publishing a new version on the website. In this case, the General Terms and Conditions of Sale applicable are those in effect on the date of the validation of the Customer’s order. The Parties agree that photographs and information about Goods for sale on the website https://www.coteaux-vezere.fr have no contractual value. In the event of any discrepancy between these photographs and information and the Goods chosen by the Customer, the Vendor shall not be held liable. Use of this service is restricted to solely personal use. The Customer is therefore forbidden from reselling the Goods ordered. Article 1. - Definitions Definitions of the terms and expressions specified below, when they start with a capital letter, for the purpose of the interpretation and implementation of these General Terms and Conditions of Sale: « Article’: the Goods, the purpose of the Order; « Goods’: any product for sale on the Website; « Order’: Goods or Services requested by the Customer from the Vendor; « General Terms and Conditions of Sale’: General Terms and Conditions of Sale outlined herein; « Contract’: this act, including its preamble and annexes as well as any amendment, substitution, extension or renewal of the act with the agreement of the Parties; « Delivery Time’: period between the Order Validation date and the date of Delivery of the Order to the Customer; « Delivery Charges’: expenses incurred by the Vendor to send the Order to the Delivery address provided by the Customer; « Delivery’: shipping the Article to the Client; « Delivery Method’: designates any standard or express delivery method available on the Website when the order is placed; « Price’: the unit value of Goods or a Service; this value is inclusive of all taxes and excludes Delivery Charges; « Total Price’: the total amount of the accumulated Prices of the Goods, Products and Services included in the Order; this value is inclusive of all taxes; « All Inclusive Price’: the Total Price to which the Delivery Charge is added; this value is inclusive of all taxes; « Product’: any product for sale on the Website; « Service’: any service offered for sale on the Website; « Website’: online sales website used to market Goods, Products and Services; « Territory’: meaning given to this term under Article 3; « Order Validation’: meaning given under Article 5; « Online Sales’: marketing of the Vendor’s Goods, Products and Services via the Website; References to Articles are references to articles in this Contract, unless otherwise specified. Article 2. - Purpose The purpose of this Contract is to define the obligations and rights of the Parties in the context of the Online Sale of the Goods, Products and Services offered for sale by the Vendor to the Customer. Confirmation of the order completed online assumes that the Customer enjoys full legal capacity to enter into contracts, and accepts these General Terms and Conditions of Sale without reservation. Consequently, the Vendor does not accept any liability with regard to this for any order placed by someone who is incapable in the legal sense. Ruling n°59-107 of 7 January 1959, law n°74-631 of 5 July 1974 and article L. 3353-3 of the French Public Health Code forbid the sale of alcohol to minors. Any Client ordering alcohol from the Vendor consequently acknowledges that they are the legal age on the date of the order. Article 3. - Scope of application These General Terms and Conditions of Sale are strictly reserved for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf and domiciled in metropolitan France. In accordance with articles L. 111-1 and L. 111-3 of the French Consumer Code, the key features and prices of Goods, Products and Services sold electronically are available on the Website. These General Terms and Conditions of Sale are applicable to all sales of Goods, Products and Services by the Vendor that have taken place through the Website. The Customer declares to have acknowledged these General Terms and Conditions of Sale before Order Validation under Article 5. Order Validation is considered acceptance without reserve or restriction of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale are valid for Orders placed with Delivery in metropolitan France. For any sale beyond this zone special conditions apply that are available upon request. Article 4. - Entry into Force and Duration This Contract comes into force on the date of the Order Validation as defined under Article 5. The Contract is valid for the time it takes to deliver the Goods, Products and Services, until the guarantees and obligations owed by the Vendor expire. Article 5. -Orders of Goods, Products and Services and Steps in Concluding Online Sales To carry out the Order, the Customer must take the following steps: 1. Log onto the Website; 2. Follow the instructions on the Website and in particular, instructions for opening a customer account; 3. Complete the order form. In the event of prolonged inactivity while logged in, it is possible that the Goods, Products and Services chosen by the Customer prior to this inactivity are no longer guaranteed. The Customer is therefore invited to reselect the Goods, Products and Services from the beginning; 4. Check the Order and where necessary, identify and correct any errors; 5. Validate the Order, the Total Price as well as the All Inclusive Price (‘Order Validation’). Order Validation constitutes full acceptance of the General Terms and Conditions of Sale; 6. Follow the online payment instructions to pay the Price of the Order. The Customer then immediately receives a payment confirmation email for the Order. The Customer also immediately receives an acknowledgement receipt email as Order confirmation (‘Order Confirmation’). However, in accordance with Article L. 122-1 of the French Consumer Code, the Vendor reserves the right to refuse the Order if it is unusual, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer regarding payment for a previous order, or, in the event of stock shortage. In this case, a non-confirmation email will be sent, without delay, to the Customer. The Customer receives a shipment confirmation email for the order. The Delivery will go to the delivery address indicated by the Customer at the time of the Order. During completion of the various stages of the aforementioned Order, the Customer agrees to respect these contractual conditions pursuant to Article 1316-1 of the French Civil Code. The Vendor undertakes to honour the Order while stocks of the Goods last. Failing availability of the Goods, the Vendor undertakes to inform the Customer. Article 6. - Price of Goods, Products and Services and Conditions of Validity The Prices of Goods, Products and Services sold on the Website are indicated by article and reference respectively or by service and by reference. The prices of Goods, Products and Services sold on the Website are prices inclusive of all taxes and excluding additional charges (transport costs, customs duty, insurance). At the time of Order Validation, the price to pay is indicated on the screen summary of the Customer Order and includes: The price incl. VAT excluding additional charges of the chosen Products; The amount of any potential discounts granted to the Customer; The amount of the value added tax; The amount of transport costs and handling. The prices are shown and payable in €uros. Any mention of Prices in currencies other than the Euro is provided for indicative purposes. It is the responsibility of the Customer to obtain information, where necessary, about the exchange rate applicable between Euros and their payment currency. The Customer is exclusively responsible for telecommunication costs for accessing the Website. The period of validity of offers and Prices is determined by updates to the Website. Article 7. - Payment Terms Payment of the All Inclusive Price by the Customer can only be made by card. The cards accepted are debit cards, Visa, Eurocard/MasterCard. The transaction is immediately debited from the Customer’s bankcard after it has been verified, upon receipt of debit authorisation from the issuer of the bankcard used by the Customer. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by means of a payment card is definitive. By providing bankcard information, the Customer authorises the Vendor to debit their bankcard for the amount corresponding to the All Inclusive Price. For this purpose, the Customer confirms ownership of the bankcard to be debited and that the name featuring on the bankcard is theirs. The Customer provides the 16 numbers on the card and the expiry date of their bankcard as well as, if necessary, the last three digits of the visual cryptogram. In cases where debiting the All Inclusive Price is impossible, the Online Sale will be immediately considered null and void and the Order cancelled. The Vendor makes every reasonable effort to ensure the confidentiality and security of the data transmitted on the Website. Article 8. - Delivery of the Order 8.1. Method of delivery The Customer chooses one of the Methods of Delivery suggested on the Website when the Order is placed. 8.2. Delivery address The Customer chooses a Delivery address requisitely within metropolitan France, or the Order will be cancelled. The Customer is solely responsible for a Delivery delay or failure due to a lack of indication or error during data input when the Order was placed. Any costs incurred for resending the Order, due to a data input error by the Customer during the Order, are the sole responsibility of the Customer. The Customer cannot have the Goods delivered in a public place. The Vendor reserves the right to refuse to honour any order to be delivered to a public place. 8.3. Delivery Charges The Delivery Charges are based on the value of the Goods ordered and the delivery method chosen by the Customer. In any event, the Customer is notified of Delivery Charges before Order Validation and the Customer is responsible. 8.4. Delivery Times Delivery Times are available on the Website and may vary according to the availability of the Goods ordered. Delivery Times shown for information are expressed in working days and correspond to the time required to prepare and ship the Order within metropolitan France. The Delivery Times run from the date of the Order Confirmation by the Vendor. 8.5. Delivery Delay – Stock shortage a. Delivery Delay In the event of a Delivery Delay, the Order is not cancelled. The Vendor will inform the Customer by email that the Delivery is delayed. The Customer can then decide to cancel the Order and will send an Order cancellation notice to the Vendor by registered letter with return receipt requested. In the event that the Order has not yet been sent when the Vendor receives the Customer’s cancellation, the Delivery is blocked and the Customer is reimbursed any amounts that have potentially been debited within thirty days following receipt of the cancellation notice. In the event that the Order has already been sent when the Vendor receives the Customer’s cancellation notice, the Customer can still cancel the Order by refusing the parcel. The Vendor will refund the debited amount and return costs incurred by the Customer within thirty days following receipt of the refused parcel in its complete and original packing. b. Stock shortage The Vendor will process the Order within a maximum period of three working days, plus delivery time. The Vendor cannot guarantee the availability at all times of each Product proposed on the Website. Therefore, in the event of stock shortage of ordered Goods, the Vendor will contact the Customer, by email, post or telephone, as soon as possible, so as to inform them and agree with them: To delay the Delivery while waiting for these Goods to be replenished, as soon as possible, To replace the Goods with an equivalent in terms of quality and price, To cancel the Order and reimburse the price paid. 8.6. Delivery Tracking The Customer can follow the progress of the processing of the Order by contacting the vendor either by email: info@coteauxvezere.fr or by telephone: +33 (0) 5.55.25.24.60 8.7. Checking Order upon arrival The Customer is responsible for checking the state of the packaging as well as the Articles upon Delivery. It is the responsibility of the Customer to express any reservations and complaints that they deem necessary, or even to refuse the parcel, when the parcel is damaged on Delivery. The Customer can, if they so wish, ask the Transporter to send back the package, which must be accompanied by a ‘refusal report’, a copy of which will be kept by the Customer. Reservations and complaints must be addressed to the transporter by registered letter with return receipt within 48 hours of Delivery of the Goods. The Customer must send a copy of this letter to the Vendor. Failure to complain within the aforementioned timeframe and according to the aforementioned conditions will prevent any action against the transporter and the Vendor in accordance with Article L. 133-3 of the French Commercial Code. The Customer must ensure that the Goods delivered correspond with the Order. If the Goods fail to comply in kind or in quality with the specifications described in the Delivery note, the Customer must inform COTEAUX de la VEZERE SICA SAS, Le Saillant, 19240 ALLASSAC, France by registered letter with return receipt and return the Goods to the address indicated in the conditions outlined in Articles 8 and 10. Article 9. – Modification – Cancellation - Withdrawal 9.1 Modification – Cancellation Orders are final, definitive and not subject to change, or cancellation, except for any conditions set out in Article 9.2 herein. 9.2 Withdrawal The Customer has a right to withdraw that can be exercised within seven calendar days following the date the Order was received or collected. In the event that this period expires on a Saturday, Sunday, a public holiday or a non-working day, it is extended until the next working day. Customers wishing to exercise their right of withdrawal must return the Goods or Products within the aforementioned period, new and intact in the original packaging, with the understanding that the return costs are the Customer’s responsibility. Article 10. - Claims Customers must check that the Delivery corresponds to their Order. Customers must submit their potential claims to COTEAUX de la VEZERE SICA SAS by post (Le Saillant, 19240 ALLASSAC, France) or by email (info@coteaux-vezere.fr), including the Order reference and date. Only claims regarding Online Sales of Articles will be taken into account. Any billing dispute will only be considered 48 hours from receipt of the bill. Article 11. - Guarantee Goods sold on the Website comply with standards and legislation currently in force in France. It is the sole responsibility of the Customer to check that the Goods can be imported and consumed in the country of delivery. The Vendor guarantees that they have taken every step necessary to ensure that the Goods correspond to the description on the Website on the date of the order. The Vendor does not Guarantee that the Goods meet the specific expectations of the Customer. Therefore, the Vendor is subject to the legal warranty requirements set out in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and Articles 1641 and 1648 of the Civil Code. The Vendor’s guarantee is limited to the replacement of defective products, at the Vendor’s expense. It is the Customer’s responsibility, under penalty of forfeiture of any actions in respect thereof, to inform the Vendor, by registered letter with return receipt, about any defective products within 48 hours of discovery. The Customer is solely responsible for the choice of Goods ordered. The Customer is solely responsible for the conservation of the Goods from the day of delivery. The Vendor will not be held liable for any direct or indirect damage caused by the Customer, in particular the consumption of goods beyond the use-by-date indicated on fresh and perishable products. No reservation can be made regarding the taste, appearance or freshness of the products. In the event of the Vendor’s responsibility being called into question, amounts of any kind that they could be required to bear, for any reason, notably for damages and interest, refunds and indemnities, etc. cannot exceed the amount of the All Inclusive Price. Article 12. – Transfer of ownership The products become the Customer’s property following Order Validation and full payment. Goods and products ordered are shipped at the risk and liability of the Customer who has the right, if necessary, to pursue any claim in the event of theft, loss or any other inconvenience affecting the Goods or Products delivered, with the transport and delivery services. Article 13. - Intellectual Property Rights The trademark of the vendor COTEAUX de la VEZERE as well as any figurative or otherwise trademark as a whole (such as COTEAUX du SAILLANT and COTEAUX du SAILLANTVEZERE), and more generally any other trademarks, illustrations, images and logotypes featuring on the Goods, their accessories and packaging whether they are registered as trademarks or not, are and will remain the exclusive property of the Vendor. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logotypes, for whatever reason and on any medium whatsoever, without the Vendor’s express prior agreement, is strictly forbidden and will be subject to review on behalf of the Vendor. The same shall apply for any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign for a composite logo. The same shall apply for any copyright, drawing, model and patent that belong to the Vendor. Article 14. - Data Privacy Information requested from the Customer is required to process the Order. In the event that the Customer agrees to provide individual personal data, they have an individual right of access, withdrawal and correction of this data under the conditions stipulated in the Law of 6 January 1978 n° 78-17 relating to Information Technology, Files and Civil Liberties. The Customer must send any written request to: info@coteauxvezere.fr. As the Customer creates their customer account on the Website, they will have an opportunity to choose if they want to receive offers from the Vendor and its partners. Article 15. – Unforeseeable circumstances - Force Majeure The fulfilment by the Vendor of their obligations under the terms of this Contract will be suspended in the event of unforeseeable circumstances or force majeure that would hinder or delay execution. The Vendor will notify the Customer about the occurrence of such an unforeseeable circumstance or force majeure within 15 days of the occurrence of the event. When the suspension of the Vendor’s obligations continues for over 60 days, the Customer can cancel the pending order and the Vendor will refund the Order under the conditions stipulated in Article 7. Article 16. - Invalidity of a Contract Clause If any of the clauses in this Contract are cancelled, this invalidity does not entail the invalidity of any other clauses in the Contract that will remain in force between the Parties. Article 17. - Modification of the Contract Any amendment, cancellation or abandonment of any one of the clauses in this Contract will only be valid after express agreement between the Parties. Article 18. – Applicable Law This Contract will be governed, for its validity, interpretation and implementation, by French law. Only the French version of these General Terms and Conditions of Sale shall form the basis for any litigation.