General terms and conditions of sale
Alcohol abuse and the protection of minors: In application of article L 3342-1 of the French Public Health Code, amended by Law no. 2009-879 of 21 July 2009, prohibiting the sale of alcoholic beverages to minors under the age of eighteen (18), the Customer undertakes, by validating his/her order, to have reached the age of eighteen (18) on the date of the order.
Article 1 – Application of the General Terms and Conditions of Sale
These general conditions of sale (hereinafter referred to as the “GCS”) apply to all sales concluded by the company SCA DOMAINE DE LA MORDORÉE (hereinafter referred to as “the Seller”) [ Société civile d’exploitation agricole with a capital of €16,450, having its registered office at 250, chemin des oliviers – 30126 TAVEL, registered in the Nîmes Trade and Companies Register under number 337 949 408, Intra VAT number FR65337949408, email@example.com, +33 (0)4 66 50 00 75] and their purpose is to define the terms and conditions of ordering, payment, delivery and management of any replacement wines produced by the Domaine and delicatessen products (hereinafter referred to as the “Goods”) offered by the Seller to consumer and non-professional customers (hereinafter referred to as the “Customer(s)”).
These General Terms and Conditions 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 at all times on the Internet Site: “domaine-mordoree.com” (hereinafter referred to as the “Internet Site”) and are systematically communicated to all Customers prior to placing an order and shall prevail, where applicable, over any other version or any other contradictory document, in particular catalogues, advertisements and notices, which are for information purposes only and are non-contractual.
Article 2 – Goods
The Goods governed by these GCS are the wines produced and bottled by the Domaine and the delicatessen products that appear on the Seller’s Website.
The main characteristics of the wines are described on the product sheets on the documents and communication media, as well as on the Website. In particular, the product information sheets give details of the colour, grape varieties, medals, PDO and, where applicable, the storage and tasting conditions for the Domaine’s wines, as well as the composition and nutritional values of the delicatessen products.
The wines are kept at the Domaine in a room at a temperature appropriate to the characteristics of each wine.
The Customer acknowledges that he/she is aware of the special conditions of storage, in particular with regard to temperature and humidity, and of the handling of the Goods, and undertakes to comply with these conditions.
The photographs and graphics presented on the Website and in the sales documentation are not contractual and shall not incur the liability of the Seller.
Offers of Goods are subject to availability, as specified when the order is placed.
Article 3 – Ordering process
The Site enables a selection of Goods to be ordered online for delivery under the conditions set out in article 5 hereof.
The Customer may also place an order by email by contacting our customer service department or by post.
3.1 Ordering on the Site
It is the Customer’s responsibility to select the Goods they wish to order on the Website, in accordance with the following procedures:
The order is placed by the Customer filling in a dematerialised order form (“Basket”), stating the references of the Goods required, the quantities and the delivery details.
The Customer has the opportunity to check the details of their order and its total price and to correct any errors before confirming their order. It is the Customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
A customer account is required in order to place an order on the Site:
– if you already have a customer account, you must identify yourself by entering your password;
– if you do not yet have an account, you will be invited to create one by confirming your e-mail address and creating a password.
An order is registered on the Website when the Customer accepts these General Terms and Conditions of Sale by ticking the appropriate box, validates the order and pays for it.
Validation of the order by the Customer by “double-clicking” will be considered as an electronic signature; the first click will validate your order, and the second will definitively confirm the order after it has been checked and, if necessary, corrected.
Once the order has been paid for, it can no longer be modified or cancelled, except in the event of withdrawal or force majeure.
Any order can only be validated if it is accompanied by payment made in accordance with the terms of article 4 herein. If payment is not received by the Vendor within thirty (30) minutes of the order being placed, the order will be automatically cancelled.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, or if the Vendor reasonably believes that the Customer has breached the GCS or engaged in fraudulent activity, or for any other legitimate reason.
Any order placed, validated by the Customer and confirmed by the Vendor, under the terms and conditions described above, constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
The Customer will be able to track the progress of his/her order on the Web Site in the case of orders dispatched by the French postal service, or via a tracking link sent by e-mail in the case of orders dispatched by another carrier.
In accordance with article L 213-1 of the French Consumer Code, when the order is for an amount equal to or greater than one hundred and twenty euros (€120), the Vendor shall keep the written record of the contract concluded with the Customer electronically for a period running from the conclusion of the contract until the date of delivery of the Goods and for a period of ten years (in accordance with decree 2005-137 of 16 February 2005). The Customer has access to this document at any time, on request made to Customer Services after providing proof of identity.
3. 2 Ordering by e-mail or post
The Customer may place an order by e-mail to the address firstname.lastname@example.org or by post (to the address: Domaine de la Mordorée, 250, chemin des oliviers – 30126 TAVEL), indicating the following information:
– Information about the Goods: references of the Goods ordered and quantities required;
– Personal details: titles, first names, surname, telephone numbers, e-mail address, delivery address or pick-up address, and where applicable, invoicing address.
The Seller will indicate the availability of the product, the purchase price and the estimated delivery or collection time and costs, and will send the customer these GTC together with the order form.
By signing and returning the GTCS and the Order Form to the Vendor, the Customer indicates his/her intention to proceed with the order. Where applicable, the Customer will receive a payment link and may proceed with payment via this link, by bank transfer or by cheque under the conditions described in article 4 hereof.
The sales contract will be formed once the order has been placed and the Goods have been delivered or collected in accordance with the conditions set out in article 5 of these GCS.
3.3 Minimum order
All orders must be for a minimum of six (6) 75 cl bottles and must correspond to a multiple of six (6) whether they are the same bottles or a composition of different bottles (mixed bottles).
3.4 Availability of Goods
In the event of the Goods being out of stock or destroyed before the scheduled delivery date, the Vendor will offer an equivalent Good (in price and/or value), the Customer will be entitled to refuse this offer, in which case the Sale will be cancelled and the Customer will be reimbursed for the sums paid by him/her within thirty (30) days of the order date, to the exclusion of any other compensation.
Article 4 – Prices and methods of payment
The prices of the Goods indicated on the Web Site and on the Vendor’s commercial documentation are in euros, inclusive of all taxes, plus delivery charges and packaging, calculated according to the place of delivery and the quantity of Goods ordered and mentioned on the order confirmation and the invoice. The payment requested from the Customer corresponds to the total amount of the purchase.
The prices of the Goods may change at any time depending on the Domaine’s pricing policy. Goods ordered are invoiced at the price in force at the time the order is placed. Offers of Goods and prices are only valid as long as they are visible on the Website and within the limits of available stocks.
Special pricing conditions may be applied depending on the specific features requested by the Customer, particularly with regard to delivery terms and deadlines, or payment deadlines and conditions. The Vendor will then send the Customer a special commercial offer.
The price is payable in cash, in full, on the day the order is placed.
When the order is placed on the Website, payment is made :
exclusively by bank card, indicating the card number, date of validity and three-digit security number in the area provided for this purpose.
When the order is placed by e-mail or by post, payment is made, at the Customer’s choice, by cheque made payable to the order indicated on the invoice, by bank transfer or via a payment link, under the conditions specified above.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Goods ordered.
Article 5 – Collection and delivery of the Goods
The Goods ordered by the Customer will only be delivered in mainland France and within the period specified on the Order Confirmation.
When the order is placed on the Website, the goods will be delivered to the address provided by the Customer, or to a relay point selected by the Customer when placing the order.
When the order is placed by e-mail or by post, the goods will be delivered, at the Customer’s choice as specified at the time of ordering, to the address duly provided by the Customer, to a selected relay point, or may be collected from the Domaine.
An e-mail confirming dispatch of the order, with the electronic invoice attached, will be sent to the Customer.
This period does not constitute a strict deadline and the Seller undertakes to make every effort to ensure that delivery is made as quickly as possible. The delivery period generally observed is two (2) to eight (8) working days following the date of receipt of payment by the Vendor, except in exceptional circumstances.
The Vendor may not be held liable to the Customer in the event of a delay in delivery not exceeding thirty (30) calendar days from validation of the order.
In any event, the Vendor may not be held responsible for exceeding delivery times, particularly in the following cases, which will extend the agreed delivery times:
– due to negligence or omissions on the part of the Customer ;
– total or partial non-fulfilment of the Customer’s obligations, in particular full and timely payment of the wines ordered;
– force majeure.
Any parcel returned to the Vendor because of an incorrect or incomplete delivery address will be re-sent at the Customer’s expense.
If the Customer is absent on the day of delivery, the delivery person will leave a delivery notice in the letterbox, which will allow the Customer to collect the parcel at the location and during the period indicated.
The transfer of ownership of the Vendor’s Goods to the Customer will only take place after full payment of the price by the Customer, regardless of the date of delivery of the Goods. However, the transfer of the risks of loss and deterioration of the Goods will take place at the moment when the Customer takes physical possession of them.
Article 6 – Right of withdrawal
In accordance with article L 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the Goods or the last package if the order was not delivered at the same time to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Goods are returned in their original packaging and in perfect condition within fourteen (14) calendar days following notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete packages will not be accepted.The right of withdrawal may be exercised online, using the withdrawal form available on the Vendor’s Website, in which case an acknowledgement of receipt will immediately be sent to the Customer by the Vendor. The right of retraction must be exercised via the Website, from the Customer Account, where the Customer can make a request for reimbursement. As soon as we have validated the request, we will reimburse the goods.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Goods purchased and the delivery costs will be reimbursed, with the cost of returning the Goods remaining at the Customer’s expense. Returns shall be made at the Customer’s initiative and must be sent to the address: 250 chemin des oliviers, 30126 TAVEL, France, on behalf of Domaine de la Mordorée.
The refund will be made by the same means of payment used for the initial transaction and as soon as possible and at the latest within fourteen (14) days from the recovery of the Products in resaleable condition.
Article 7 – Reservations on delivery – Returns and exchanges of Goods
The Goods will not be returned or exchanged after delivery unless the Customer has exercised his right of withdrawal or if the Customer has expressed reservations upon delivery in accordance with the conditions set out below.
When the Goods are delivered to the address indicated by the Customer, the latter is required to check the condition of the packaging (guarantee strip, damaged parcel, wine stain, etc.) and the contents of the parcel(s)/pallet(s) on delivery (nature of the Goods, quantity, etc.).
In the event of damage or lack of conformity, the Customer must refuse the Goods (in the event of a major defect) and make reservations on the delivery note, specifying the anomalies noted. The Customer must also notify the Vendor within forty-eight (48) hours of delivery at the latest by e-mail to email@example.com or by telephone on 04.66.50.00.75, specifying the batch number of the product in question, the delivery date and the number of the delivery note concerned.
The Seller will return or replace, at its own expense, any Goods that are missing or whose lack of conformity has been duly proven by the Customer (photographs). Where the non-conforming Goods are in a condition to be transported, the Seller will, at its own expense, recover them within a period of fourteen (14) working days.
No claim will be validly accepted if the Customer fails to comply with these formalities.
Article 8 – Seller’s liability and guarantees
The Goods sold by the Domain conform to the regulations in force in France and are covered by the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Goods, in accordance with the legal provisions, irrespective of the right of withdrawal, and without any additional payment, of design or manufacture affecting the Goods delivered and rendering them unfit for their intended use and by virtue of which the Customer may request, within a period of two years from the discovery of the defect, either the cancellation of the sale or a reduction in the sale price in accordance with articles 1641 et seq. of the French Civil Code.
The Seller may only be held liable in the event of proven fault or negligence and is limited to direct loss to the exclusion of any indirect loss. In any event, the Seller may not be held liable in the following cases:
in the event of misuse of the Goods supplied by the Seller, negligence on the part of the Customer or a third party,
in the event of force majeure,
in the event of fraudulent use of the Customer’s means of payment,
The Vendor’s guarantee is, in any event, limited to the replacement or reimbursement of Goods that do not conform or are affected by a defect.
Article 9 – Unforeseeability
These GCS expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all transactions involving the Sale of Goods by the Vendor to the Customer. The Vendor and the Customer therefore each waive the right to invoke the provisions of article 1195 of the Civil Code and the unforeseeable circumstances regime provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable when the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
Article 10 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein results from a case of force majeure, within the meaning of article 1218 of the French Civil Code, or from exceptional health or climatic hazards beyond the control of the Parties.
Article 11 – Intellectual property
The Seller retains all industrial and intellectual property rights relating to the Goods, logo, editorial and graphic content, presentation of descriptions and product sheets, which may not be communicated or performed without its written authorisation.
Article 12 – Miscellaneous provisions
The Vendor reserves the right to modify these GTC in the event of technical modifications or legal developments which may affect these GTC. The said modifications will only apply to future orders, and the version applicable to the Customer’s purchase is that in force on the Website on the date the order is placed.
If any of the clauses of these GCS are found to be null and void for any reason whatsoever, only the clause in question will be deemed to be unwritten, the other clauses remaining valid and enforceable in all their effects.
Article 13 – Personal data
The personal data collected from Customers (hereinafter referred to as the “Data”) is the subject of computer processing carried out by the Vendor, which is essential for the processing of the Customer’s order. It is recorded in its Customer file for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the fulfilment of orders and any applicable guarantees.
The Vendor is responsible for processing the Data. Access to the Data will be strictly limited to its employees, authorised to process it by virtue of their duties, and may be communicated to third parties linked to the company by contract for the performance of sub-contracted tasks, with strictly limited and supervised access; without the Customer’s authorisation being necessary.
Apart from the cases set out above, the Vendor undertakes not to sell, rent, transfer or give access to third parties to the Data without the Customer’s prior consent, unless compelled to do so for a legitimate reason.
If the Data is transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified.
In accordance with the applicable regulations, the Customer has the right to access, rectify, delete and port the data concerning him/her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the following postal or e-mail address: 250 chemin des oliviers, 30126 TAVEL, France – firstname.lastname@example.org.
In the event of a complaint, the Customer may address a complaint to the Vendor’s personal data protection delegate at the Commission Nationale de l’Informatique et des Libertés.
Article 14 – Attribution of jurisdiction
All disputes to which this contract may give rise, concerning its validity, interpretation, performance, termination, consequences and follow-up, shall be submitted to the competent courts within the jurisdiction of the Nîmes Court of Appeal.
Article 15 – Applicable law and language of the contract
These GCS and the transactions arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 16 – Pre-contractual information – Contact with the Seller – Acceptance of these GTCS
The Customer acknowledges having been informed by the Vendor, in a legible and comprehensible manner, by making these General Terms and Conditions of Sale available, prior to his/her immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the Consumer Code, of the essential characteristics of the Goods as well as the terms and conditions of the sales contract.
If the Customer wishes to be put in touch with the customer service department or wishes to obtain information about tracking an order, the Customer may :
– fill in the online form,
– contact the sales department by e-mail at email@example.com or by telephone on 04.66.50.00.75 from Monday to Friday (excluding public holidays) from 8am to 12pm and from 1.30pm to 5.30pm.
– or send your request directly to the following address DOMAINE DE LA MORDOREE, 250, chemin des oliviers – 30126 TAVEL.
The fact that a Customer places an order on the Internet Site implies full and complete acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Goods ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Vendor.
MAIN APPLICABLE TEXTS
Article L217-4 of the Consumer Code
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility under the contract or was carried out under his responsibility”.
Article L217-5 of the Consumer Code
“The goods conform to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
– whether it has the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter”.
Article L217-12 of the Consumer Code
“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods”.
Article L221-28 of the Consumer Code
“The right of withdrawal may not be exercised for contracts (…) :
7° For the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed when the contract was concluded depends on fluctuations in the market beyond the control of the professional (…)”.
Article 1641 of the French Civil Code
“The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he known of them”.
Article L3342-1 of the French Public Health Code
“The sale of alcoholic beverages to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in public houses and all shops or public places. The person supplying the drink shall require the customer to provide proof of having reached the age of majority (…)”.
According to article L.612-1 of the French Consumer Code, “all consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme”.
To this end, Domaine de la Mordorée offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows: Mediator of the approved mediation centre: https://www.mcca-mediation.fr
Please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.