Château MélinVignoble Debacque et Héritiers
General sales conditions
General conditions of online sales
Article 1: Purpose and Introduction
Article 2: Description of products
Article 3: Price
Article 4: Order Process
Article 5: Delivery
Article 6: Guarantee
Article 7: Intellectual property
Article 8: Personal data
Article 9: Right of withdrawal
Article 10: Waiver and tolerance
Article 11: Completeness
Article 12: Partial invalidity
Article 13: Applicable law and jurisdiction
These general conditions of sale are concluded between:
Debacque vineyard and heirs
Hereinafter referred to as “The Seller”
Any natural or legal person under private or public law wishing to make a purchase via the seller’s website
Hereinafter referred to as “The Client”
ON THE OTHER HAND,
ARTICLE 1: OBJECT
These general conditions of sale aim to define the contractual relations between the Seller and the Customer, and the conditions applicable to any purchase made through the Seller’s merchant site, whether the Customer is a professional or a consumer.
In the case of a sale to a professional, these conditions are deemed to meet the requirements of article L 441-6 of the Commercial Code.
The acquisition of a product through this site implies full acceptance by the Customer of these general conditions. These will prevail over any other general or specific conditions of the Professional Client. The Seller reserves the right to modify these general conditions at any time, it being specified that the conditions applicable to the Customer will be those in force on the date of his order on the Seller’s site.
ARTICLE 2: DESCRIPTION OF PRODUCTS
The products offered are presented on the Seller’s site. The photographs possibly accompanying the presentation of the products are as faithful as possible but cannot ensure perfect similarity with the product offered and present, in certain cases, suggestions for presentation of which all the elements constituting the photographs are not systematically proposed They are not contractual in nature.
The products are supplied within the limits of available stocks.
ARTICLE 3: PRICE
The prices indicated by the Seller at the time of the order are denominated in Euros inclusive of VAT, according to the VAT at the rate in force on the day of the order. Any rate change will be reflected immediately on the price of the products offered.
The Seller reserves the right to modify its prices at any time, it being understood that the prices presented on the Seller’s website on the day of the order will only apply to the Customer.
The prices indicated include the costs of processing the order. Transport and delivery costs will be determined according to the geographic areas chosen.
The total sale price is due upon order [CB, VISA, Eurocard Mastercard, Paypal]. A paper invoice showing VAT will be sent by the Seller to the Professional Client and upon request to the individual client.
ARTICLE 4: ORDER PROCESS
The Customer wishing to place an order on the Seller’s site must:
– identify yourself by providing exact and current contact details (delivery address, billing address, first and last name, email address, possibly bank details),
– complete the online order form giving all the references of the selected products,
– confirm your order after having checked it,
– make the payment under the conditions provided,
– confirm the order and payment.
The Seller will immediately communicate to the Customer by email the confirmation of the recorded order, as soon as the financial institution in charge of the secure transaction has notified the payment.
All the data provided by the customer and the recorded confirmation constitute proof of the transaction.
The Seller will archive purchase orders and invoices on a reliable and durable medium constituting a true copy, in accordance with the provisions of article 1348 of the Civil Code. The Seller’s computerized registers will be considered by the Parties as proof of communications, orders, payments and transactions between the Parties.
ARTICLE 5: DELIVERY
The online sale of products presented on the Seller’s site is limited and reserved for Customers residing in France and for deliveries required in these geographical areas. Deliveries are made to the address indicated in the order form by the Customer. The delivery costs will be calculated for any destination outside France. Transport times are those usually provided by the selected carriers, who are the only ones authorized to receive complaints relating to transport damage in the event of breakage or damaged packaging on arrival. The customer must make his reservations directly to the carrier by registered letter with request for acknowledgment of receipt within 3 working days of delivery (L 133-3 of the Commercial Code)
ARTICLE 6: GUARANTEE
All products supplied by the Seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code.
For all other cases of dispute (non-conformity of a product sold, etc.), it may be returned to the Seller, who will take it back, exchange it or reimburse it. No compensation of any kind will be owed to the customer and the seller’s liability is expressly limited to the replacement value of the goods taken back.
All complaints, requests for exchanges or refunds must be made by registered letter with request for acknowledgment of receipt at the following address:
Debacque vineyard and heirs
17 rue des Réaux
within TEN days from delivery.
ARTICLE 7: INTELLECTUAL PROPERTY
All elements of the Seller’s website, including all graphic, sound and text elements, including the underlying technology and the presentation of the products, are the exclusive property of the Seller.
The Customer is strictly prohibited, therefore, from carrying out any reproduction, representation or distribution, even partial, of any particular element forming an integral part of the Seller’s website.
Similarly, any process, particularly relating to the technique of framing or deep-linking is strictly prohibited, unless express, special and written authorization issued by the Seller.
It is specified that the Seller has signed a distance selling contract with his banking organization. Thus, the banking transaction is secure and in no way does the Seller have access to or know the banking information on the Customer.
ARTICLE 8: PERSONAL DATA
The nominative information relating to the Customer is subject to automated processing by the Seller, who has been the subject of a declaration to the CNIL under the number TO BE COMPLETED.
The Customer has, in accordance with the provisions of article 27 of the Data-processing law and Freedoms of January 6, 1978, of a right of access, modification, rectification, deletion on all the data with nominative character concerning him.
This right can be exercised by contacting:
Debacque vineyard and heirs
17 rue des Réaux
The Seller undertakes not to transfer information relating to its customers to third parties.
ARTICLE 9: RIGHT OF WITHDRAWAL
Any Customer considered to be a consumer within the meaning of the Consumer Code, ordering on the Seller’s website for non-professional needs, has a withdrawal period of seven days (unless regulatory stipulations are more favorable at the time of sale) from of the delivery of the order to return the product to the Seller for exchange or reimbursement under the conditions and reservations provided for in article 6 hereof.
The refund will be provided by the Seller within a maximum period of thirty days from the notification of its acceptance of the refund.
ARTICLE 10: WAIVER AND TOLERANCE
It is formally agreed between the contracting parties that any tolerance or waiver by one of the Parties in the application of all or part of the commitments provided for herein, whatever may have been the frequency and duration, may not constitute modification of the present, nor generate any rights.
More specifically, any delay or inaction, abstention or omission on the part of the Seller in the exercise of any of his rights hereunder will not infringe said rights, nor shall be considered to imply on his part a waiver to exercise their rights.
ARTICLE 11: ENTIRETY
These general conditions express the entire obligations of the parties.
No indication, no document, can create obligations under the present, if they are not the subject of an addendum signed by both parties.
No correspondence prior to the signing of this agreement may create obligations under the said contract.
ARTICLE 12: PARTIAL INVALIDITY
If a particular stipulation herein is held to be invalid, or declared as such by a decision having the force of res judicata of a competent court, the other stipulations will keep all their force and their scope, with the exception of the cancellation of Articles 3, 6 and 7, considered by the parties to be essential.
ARTICLE 13: APPLICABLE LAW AND JURISDICTION
These general conditions of sale are subject to French law.
In the event of a dispute with a professional client, only the Commercial Court of LIBOURNE will be competent and French law only applicable.
In the event of a dispute with a non-commercial individual, the competent jurisdiction will be that of the place of delivery of the goods (Art 46 CPC)