General conditions of sale to individuals on the internet
2746 route de BONNIEUX, 84400 APT
Simplified joint stock company with a single shareholder
registered with the Avignon RCS
under the number SIRET 34837627800019
PREAMBLE - Consumer protection.
- Pursuant to the provisions of article L.3342-1 of the Public Health Code, the sale of alcohol is prohibited to minors under the age of 18. The Buyer agrees by validating his order to be eighteen years old on the date of the order;
- The consumption of alcoholic beverages during pregnancy can have serious consequences on the health of the child;
- Alcohol abuse is dangerous for health, alcoholic drinks should be consumed in moderation.
ART. 1 - Scope of application.
These general conditions express all the obligations of the parties. In this sense, the Buyer is deemed to accept them without reservation.
These general conditions apply to sales to private individuals on the internet and govern the contractual relations between the Société par Actions Simplifiée à associés Unique (SASU) "Chateau de l'Isolette" located at 2746 route de Bonnieux, 84400 APT (hereinafter referred to as "Seller") and any person making a purchase (hereinafter referred to as "Buyer") through the online store on the site http://e-boutique.chateau-isolette.fr (hereinafter referred to as "the Site ").
These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website https://e-boutique.chateau-isolette.fr and will prevail, where applicable, over any other version or any other contradictory document.
The Seller and the Buyer agree that these general conditions exclusively govern their relationship. The Seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. Any possible modification of the general conditions will only apply to sales concluded after their modification.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
ART. 2 - Content.
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of the products offered by the Seller to the Buyer, from the merchant site https: //e-boutique.chateau-isolette .fr of the “Château de l'Isolette” wine estate.
These conditions only concern purchases made by Buyers located in France and delivered exclusively on French territory. For any delivery outside France, you should send a message to email@example.com
These purchases concern the following products:
All the red, white, rosé and sparkling wines from the “classic, selections, prestige, exceptional and sparkling cuvées” ranges.
As well as all the other products likely to be put online later on the site https://e-boutique.chateau-isolette.fr
The Purchaser declares to have read these general conditions of sale and to have accepted them before purchasing immediately or placing an order. In this regard, they are enforceable against it in accordance with the terms of Article 1119 of the Civil Code.
ART. 3 - Pre-contractual information.
The Buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.
The following information is sent to the Purchaser in a clear and understandable manner:
- the essential characteristics of the products;
- the price ;
- all additional costs of transport, delivery or postage and all other possible costs.
The Seller communicates the following information to the Buyer:
- Its name or corporate name, the geographical address of its establishment and, if it is different, that of the registered office, its telephone number and its e-mail address;
- The terms of payment, delivery and performance of the contract, as well as the terms provided by the professional for handling complaints;
- In the event of a sale, the existence and the terms of exercise of the legal guarantee of conformity provided for in Articles L. 217-1 et seq. Of the Consumer Code, of the warranty against hidden defects provided for in Articles 1641 et seq. of the civil code.
ART. 4 - The order.
The Buyer declares to be at least 18 years old and to have the legal capacity to place an order on the Site. Any order placed on the Site must correspond to the normal needs of a household (excluding professional areas). The Seller reserves the right to cancel an order that appears to be fraudulent. The minimum order is 6 bottles (1 box). The order can only be made up of multiples of 6 bottles (eg 6; 12; 18; 24 bottles). It is possible to mix the items in the boxes.
The Purchaser has the possibility of placing his order online, from the online catalog, for any product, within the limits of available stocks.
For the order to be validated, the Buyer must choose the delivery address and validate the method of payment.
Any order will only be considered accepted after confirmation by e-mail from the Seller. The contract will therefore be formed.
In the event of unavailability of an ordered product, the Purchaser will be informed by e-mail. In case of out of stock, the Seller will inform the Buyer by e-mail and send a proposal for equivalent products, which in the event of refusal by the Buyer will result in the cancellation of the sale and refund.
The sale will be considered final:
- after sending the Buyer confirmation of the acceptance of the order by the Seller by email;
- 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.
In certain cases, in particular non-payment, incorrect address or other problem with the Buyer's bank account, the Seller reserves the right to block the Buyer's order until the problem is resolved.
For any question relating to the follow-up of an order, the Buyer must call 04 90 74 16 70 from Monday to Friday from 9 a.m. to 12 p.m. and from 1.30 p.m. to 5.30 p.m. (cost of a local call).
ART. 5 - Electronic signature.
The online supply of the Buyer's credit card number and the final validation of the order will constitute proof of:
- the Buyer's agreement;
- the payability of sums due under the purchase order;
- the signature and the express acceptance of all the operations carried out.
In the event of fraudulent use of the bank card, the Purchaser is invited, as soon as this use is noted, to contact 04 90 74 16 70.
ART. 6 - Order confirmation.
Any order will only be considered accepted after confirmation by e-mail from the Seller. The contract will therefore be formed. The Seller reserves the right to refuse an order.
ART. 7 - Proof of the transaction.
The computerized registers, kept in the computer systems of the Seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
ART. 8 - Product information.
The products governed by these general conditions are those which appear on the Seller's website and which are indicated as sold and shipped by the Seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller's liability cannot be engaged. The photographs of the products are not contractual.
ART. 9 - Price.
The valid prices are those in effect at the time the order is placed, subject to available stocks as they appear on the Site.
The Seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.
ART. 10 - Method of payment.
This is an order with an obligation to pay, which means that the placing of the order implies payment by the Buyer.
Payments are made when ordering:
I. By bank card - Secure payment: payment by bank card is secured by an online payment system compliant with SSL standards. All banking information communicated will not be stored or visible.
The authorization to debit the account is given for the total amount of the product purchased, any customs charges and transport included.
The Seller reserves the right to cancel any order from a Buyer with whom the Seller has had a dispute relating to the payment of a previous order.
II. Payment by bank transfer: The Buyer can send a transfer to the Seller's bank account, the details of which will appear when choosing to pay for your order. Orders will only be effective upon receipt of full payment from the Buyer. Any payment not received within a week will result in the cancellation of the order without formality.
The Seller reserves the right to request payment by bank transfer in advance rather than by credit card or check in the event that it deems it useful for the security of the transaction.
III. Via the Paypal service:
Orders will only be effective upon receipt of full payment from the Buyer. Any payment not received within a week will result in the cancellation of the order without formality.
An invoice will be sent to the Buyer at the time of shipment.
The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. The Seller reserves the right in particular to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
ART. 11 - Product availability - Refund - Resolution.
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the deadline is 30 working days from the day following the day on which the Buyer placed his order.
In the event of failure to comply with the agreed delivery date or deadline, the Buyer shall, before terminating the contract, order the Seller to perform it within a reasonable additional period.
In the absence of performance at the expiration of this new period, the Purchaser may freely terminate the contract.
The Purchaser must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium to the following address:
The contract will be considered as terminated upon receipt by the Seller of the letter or writing informing it of this termination, unless the professional has performed in the meantime.
In this case, when the contract is terminated, the Seller is required to reimburse the Buyer for all sums paid, at the latest within 30 days of the date on which the contract was terminated.
In case of unavailability of the ordered product, the Purchaser will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice of requesting either the reimbursement of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
ART. 12 - Terms of delivery.
Delivery means the transfer to the consumer of physical possession or control of the good. It is only made after confirmation of payment by the Seller's banking organization.
The products are only delivered in mainland France to the address indicated when ordering. For Corsica, the Principality of Monaco, the islands and the altitude stations, deliveries are possible on estimate. The Buyer agrees to provide the Seller with exactly all the details necessary for the proper delivery of the order.
Shipping will only be made after payment has been received.
The products ordered are delivered as follows:
- By an independent transporter, the company DB Schenker.
The Seller cannot be held liable in the event of late delivery attributable to the carrier or any other fortuitous event.
Shipments are made once a week. Delivery times are a minimum of 72 hours and a maximum of 30 days from the date of shipment of the order.
- By collissimo.
- If he expressly mentions this when ordering, the Buyer may also take receipt of the products ordered at the Seller's main store (2746 route de Bonnieux, 84400 APT), within 30 days at most from receipt. the notice of provision sent by the Seller. After this period, the Seller may automatically terminate the sale, if it sees fit, without prior notice, in application of the provisions of article 1657 of the Civil Code.
The products are delivered to the address indicated by the Purchaser on the order form, the Purchaser must ensure its accuracy. Any package returned to the Seller because of an incorrect or incomplete delivery address will be reshipped at the Buyer's expense.
The Buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the Purchaser, or a person authorized by him, has signed the delivery slip. The Buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the items.
ART. 13 - Delivery costs.
The delivery costs to the home declared by the Buyer when ordering are as follows:
- For orders below 100 euros (from 1 euro to 99 euros) flat rate of 35 euros for transport;
- For orders between 100 and 399 euros flat rate of 25 euros for transport;
- For orders over 400 euros postage paid,
Delivery in mainland France only (excluding Corsica, Principality of Monaco, islands and mountain resorts: destinations for which the price of transport will be the subject of an estimate).
ART. 14 - Order return.
The Buyer must formulate with the Seller on the same day of delivery or at the latest on the first working day following delivery, any claim of error in delivery and / or non-conformity of the products in kind or in quality with respect to the details on the order form.
The claim may be made, at the choice of the Purchaser:
- telephone number: 0490741670
- email address: firstname.lastname@example.org
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the Seller from any liability vis-à-vis the Buyer.
In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the Seller as a whole and in its original packaging, by registered Colissimo, to the following address:
Return costs are the responsibility of the Seller.
ART. 15 - Transfer of risk.
The property of the thing sold is transferred to the Buyer as soon as the parties agree on the thing and on the price. Consequently, the transfer of ownership of the products and of the risks of loss and deterioration relating thereto is carried out, at the expense of the Buyer, upon acceptance of the purchase order by the Seller.
ART. 16 - Compliance.
The Seller guarantees to supply wines that comply with the regulations in force and with the characteristics announced by the Seller on his Site.
In the event of non-conformity of the wines, and to the extent that it has been definitively recognized that this is the sole responsibility of the Seller, the Seller's liability is strictly limited to the obligation:
- replace non-conforming wines with any identical or similar products;
- to reimburse the price paid by the Buyer to the Seller for non-conforming products.
The wines offered for sale on the Site are subject to a control carried out by the Seller prior to their departure from the Seller's cellars. Thus, any order is presumed to comply.
The Seller cannot be held responsible for any loss of quality of the wine due to its transport during delivery or to its subsequent storage by the Buyer. The Buyer must therefore ensure that the wine is stored in order to preserve its integrity.
ART. 17 - Legal guarantee of conformity and legal guarantee against hidden defects.
In accordance with legal requirements, these general conditions of sale reproduce the provisions of Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and 1641 and 1648 of the Civil Code:
- Article L.217-4 of the Consumer Code:
“The Seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
- Article L.217-5 of the Consumer Code:
"The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the Seller and has the qualities that the latter has presented to the Buyer in the form of a sample or model;
- if it has the qualities that a Buyer can legitimately expect given the public statements made by the Seller, by the producer or by his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and which the latter has accepted ”.
- Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity lapses two years after delivery of the goods".
- Article 1641 of the 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 so much that the Buyer does not. would not have acquired, or would have given only a lower price, if he had known them ”.
- Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the Seller can be discharged from apparent defects or lack of conformity ”.
ART. 18 - Right of withdrawal.
In accordance with the provisions of Article L.121-16 of the Consumer Code, the Buyer has 14 working days from the date of delivery of his order, to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the Buyer.
The products must however be returned in their original packaging and in perfect condition within 15 days of notifying the Seller of the Buyer's decision to withdraw.
Returns are to be made in their original condition and complete allowing their remarketing in new condition, accompanied by the purchase invoice. Damaged or incomplete products are not taken back.
The right of withdrawal can be exercised by registered mail sent to the following address: Château de l'Isolette, 2746 route de Bonnieux, 84400 APT.
The right of withdrawal can also be exercised online by sending an email to the following address: email@example.com
The exercise of the right of withdrawal must be unambiguous and clearly express the Buyer's desire to withdraw.
ART. 19 - Force majeure.
All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered as grounds for exemption from the obligations of the parties and 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.
All irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, pandemic, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
ART. 20 - Intellectual property.
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole holder of the intellectual property rights over this content.
The Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ART. 21 - Data processing and Freedoms.
The personal data provided by the Purchaser are necessary for the processing of his order and the establishment of invoices.
They may be communicated to the Seller's partners responsible for the execution, processing, management and payment of orders.
The Buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him.
ART. 22 - Partial non-validation.
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
ART. 23 - Language of the contract.
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ART. 24 - Mediation.
The Purchaser may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
ART. 25 - Applicable law.
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules as for the rules of form. In the event of a dispute or complaint, the Purchaser will first contact the Seller to obtain an amicable solution.