General conditions of online retail sale
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.
- - In accordance with article L.3342-1 of the Public Health Code, the sale of alcohol is prohibited to minors under the age of 18. The Buyer confirms, 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 for 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 involved. In this sense, the Buyer is deemed to accept them without reservation. These general conditions apply to the sales to private individuals on the internet and govern the contractual relationship 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 website 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 at the website https://e-boutique.chateau-isolette.fr and will override, where applicable, 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 these general conditions. 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 for those companies with 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 website 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 request to firstname.lastname@example.org These purchases concern the following products:
- - All the red, white, rosé and sparkling wines from the “classic, selections, prestige, exceptional and sparkling cuvées” collections.
- - All other products likely to be put online later on the site https://e-boutique.chateau-isolette.fr
The Buyer declares to have read these general conditions of sale and to have accepted them before purchasing or placing an order. The Buyer is obliged to do so 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 and 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 Buyer in a clear and understandable manner:
- - the essential characteristics of the products
- - the price
- - all additional costs of transport, delivery or postage
- - all other possible costs
The Seller communicates the following information to the Buyer:
- - His or her name or corporate name, address, telephone number and e-mail address
- - The terms of payment, delivery and performance of the contract, as well as the terms for handling complaints
- - In the event of a sale, the existence and the terms of exercise of the legal guarantee of conformity provided 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.
- - En cas de vente, l'existence et les modalités d'exercice de la garantie légale de conformité prévue aux articles L. 217-1 et suivants du code de la consommation, de la garantie des vices cachés prévue aux articles 1641 et s. du code civil.
ART. 4 - The order
The Buyer declares to be at least 18 years old and to have the legal capacity to place an order with the Site. Any order placed with the Site must correspond to the habitual 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 Buyer has the possibility to place 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 Buyer will be informed by e-mail. The Seller will send a proposal for equivalent products, which in the event of refusal by the Buyer will result in the cancellation of the sale and a refund. The sale will be considered finalized:
- - after sending to the Buyer the order confirmation by email
- - after the Seller receives the entire sum for the purchase.
Any order implies acceptance of the prices and descriptions of the products available for sale. In certain cases, in particular lack of payment, incorrect address or i.e. 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 paying of the sum due under the purchase order
- - the signature and the express acceptance of all the operations to be carried out.
In the event of fraudulent use of the bank card, the Buyer is encouraged, 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 a confirmation by e-mail from the Seller is sent to the Buyer. The contract will then be formed. The Seller reserves the right to refuse an order.
ART. 7 - Proof of the transaction
The digital registers, kept in the computer systems of the Seller under reasonable security conditions, will be considered proof of communication, orders and payments between the parties involved. The data base of purchase orders and invoices, saved on a durable medium, can be used as proof in case of a dispute.
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 stock. The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in the presentation, the Seller is not liable. 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 stock. The Seller reserves the right to modify his prices at any time but is obliged to apply the prices indicated at the time of the order. All prices are given in euros. They do not take into account the shipping costs which are 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. The payment of the full price must be made when ordering. At no time can the sum paid be considered as a deposit or down-payment. If one or more taxes, in particular those environmental, were to be put in place or modified, 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. The payment by bank card is secured by an online payment system compliant with SSL standards. No banking information will not be stored or visible.
The authorization to debit the account is given for the total amount of the product purchased, customs charges and shipping costs.
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. The Seller reserves the right to request payment by bank transfer in advance rather than by credit card or check in the event that he 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. An invoice will be sent to the Buyer at the time of shipment. The Buyer declares that he or she has the necessary authorizations to use the payment method chosen when validating the order form. The Seller reserves the right to suspend any order or delivery in the event of a refusal to authorize the payment by 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 there is an ongoing payment dispute.
ART. 11 - Product availability - Refund – Resolution
Except in cases of a 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 stock, as indicated below. The shipping time is calculated starting on the day of the registration of the order. 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 the delivery within a reasonable additional period. In the absence of delivery at the expiration of this new period, the Buyer may freely terminate the contract. The Buyer must complete these formalities by registered letter containing the receipt or in writing on another durable medium to the following address:
2746 route de BONNIEUX, 84400 APT
The contract will be considered terminated upon the receipt of the letter by the Seller, unless the delivery has been finalized in the meantime. If the contract is terminated, the Seller is required to reimburse the Buyer for the whole sum paid within 30 days of the date on which the contract was terminated. In case of the unavailability of the ordered product, the Buyer 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 sum paid within 30 days or change the order.
ART. 12 – Terms of delivery
Delivery means the transfer to the consumer of a physical possession. It is only made after the confirmation of payment by the Seller's bank. The products are only delivered to mainland France to the address indicated when ordering. For Corsica, the Principality of Monaco, islands and altitude stations deliveries are also possible, however the shipping costs will be calculated separately. The Buyer agrees to provide the Seller with all the details necessary for the delivery of the order. Shipping will only take place after the 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 being caused by the carrier. Shipments are made once a week. The delivery times are at minimum of 72 hours and at 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 pick up the products ordered at the Seller's main store (2746 route de Bonnieux, 84400 APT), within 30 days from placing the order. After this period, the Seller may automatically terminate the sale without prior notice, in accordance with article 1657 of the Civil Code.
The products are delivered to the address indicated by the Buyer. 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 a handwritten, signed complaint any anomaly concerning the delivery (damage, product missing, damaged package, broken products, etc.). This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery slip. The Buyer must then confirm these complaints to the carrier by registered mail no later than two working days following the delivery of the items.
ART. 13 – Shipping
The shipping prices are as follows:
- - Orders under 100 euros (from 1 to 99 euros): 35 euros shipping costs
- - Orders between 100 and 399 euros: 25 euros shipping costs
- - Orders for over 400 euros: free shipping Shipping only to France (excluding: Corsica, Principality of Monaco, islands and mountain resorts for which shipping costs will be evaluated individually)
ART. 14 - Order return
The Buyer must inform the Seller on the next working day about any error in delivery. The complain may be made by:
- - telephone number: 0490741670
- - email address: email@example.com
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 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: The return costs covered by the Seller.
ART. 15 - Transfer of risk
The ownership of the sold good is transferred unto the Buyer as soon as both parties agree on the price and the goods being sold. Consequently, the transfer of ownership and of the risks of loss or deterioration of the good in question are transferred unto the Buyer as well, 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 description given by the Seller on his website. In the event of non-conformity, if it has been recognized as the responsibility of the Seller, the Seller's liability is strictly limited to the obligation to:
- - replace non-conforming wines with any identical or similar products
- - 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 shipment. Every order is therefor assumed to be correct. 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 the right conditions.
ART. 17 - Legal guarantee of conformity and legal guarantee against hidden defects
These general conditions of sale conform with 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 as stated in the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly or installation instructions or if it is so specified in the contract”.
- - Article L.217-5 of the Consumer Code: "The good is in accordance with the contract in the following cases:
1 ° If it is suitable for use expected from 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 ° If it has the characteristics defined by a 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 confirmed”.
- - Article L217-12 of the Consumer Code: "The right to act upon the lack of conformity is valid for two years after delivery of the goods". - Article 1641 of the Civil Code: "The Seller is also responsible for hidden defects which make the good sold unfit for use or which inhibit this use to the extent that the Buyer would not have acquired the good or would have only bought it at a lower price”
- - Article 1648 of the Civil Code: “The action resulting from defects must be undertaken by the Buyer within two years from the discovery of the defect.” In the case singled out by article 1642-1, the action must be undertaken within one year. After this year the Seller can no longer be held liable for defects or lack of conformity.
ART. 18 - Right of withdrawal
In accordance with 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, 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 from the contract. All goods returned are to be made in their original condition and accompanied by a purchase invoice. Damaged or incomplete products will not be accepted back. The right to withdraw can be exercised by registered mail sent to the following address: Château de l'Isolette, 2746 route de Bonnieux, 84400 APT. The right to withdrawal can also be exercised online by sending an email to the following address: firstname.lastname@example.org The withdrawal must be unambiguous and clearly expressed by the Buyer.
ART. 19 - Force majeure
All circumstances beyond the control of the parties preventing the performance of their obligations are considered grounds for exemption from those obligations 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 unforeseeable and unavoidable circumstances which are beyond the control of the parties will be considered a force majeure. In addition to those circumstances usually listed by the jurisprudence of French courts and tribunals a force majeure will also be considered: 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 Buyer cannot 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 Buyer is necessary for the processing of the order. 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 of the 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 by law, 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 Buyer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing 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 French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the substantive rules. In the event of a dispute or complaint, the Buyer will first contact the Seller to obtain an amicable solution.