Article 1: Scope of application
These Terms and Conditions apply, without limitation or qualification to all sales made by the Domaine des Petits Quarts ("The Domain") to consumers and non-professional buyers, ("The Customer") wishing to acquire our products offered for sale ("The Products").
These conditions apply to the sale of products by the Domaine des Petits Quarts on its store accessible by Internet, by phone and directly at the domain. They are automatically made available to the buyer on the homepage of the website of the Domaine des Petits Quarts.
It is sufficient for the buyer to click on "General Conditions of Sale" (hereinafter referred to as G.C.S.) to know the conditions of his order, even before he began the ordering process.
The Customer declares to have read and accepted the present General Sales Conditions before his purchase. Consequently, the fact of placing an order implies the buyer's full and unreserved acceptance of these G.S.C., to the exclusion of all other documents such as prospectuses, catalogs issued by the seller and which are only indicative. The fact that the seller does not take advantage at a given time of any of the provisions of these terms and conditions cannot be interpreted as a waiver of the right to take advantage at a later date of any of the said conditions.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force at the date of the order.
The validation of the order by the Customer implies acceptance of these General Terms of Sale..
Article 2 : Ordering methods
By telephone and in the store :
The sale is only considered final once the contract is signed by the Customer, and after the collection by Le Domaine of the full deposit due.
Indeed, the sums paid by the customer at the time of the order can constitute a deposit, that is to say, an advance on the agreed price.
Thus, the buyer cannot, except in cases of force majeure, refuse to accept the delivery and must make all claims as indicated below.
In case of cancellation of the order by the Customer after its acceptance by the Seller, the deposit paid at the time of the order shall be automatically acquired by the Seller and shall not give rise to any reimbursement.
On the Internet site :
- Once the Customer has accessed the Site, he/she may select the Product(s) he/she wishes to order and fill his/her shopping cart located on the right side of his/her screen. The Customer can delete Products from his basket or modify the quantities of Products at any time by clicking on the buttons provided for this purpose. Once the Product(s) have been selected, the Customer can validate his basket by clicking on the button " PASS THE ORDER ". By clicking on this button, the Customer accepts and expressly waives the benefit of Article 1587 of the Civil Code.
- Final process of the order: a summary of the order appears on the screen. At this stage, the Customer always has the possibility to delete Products from his basket or to modify the quantities of Products by clicking on the buttons provided for this purpose. In order to definitively validate his order, the Customer must click on the "BUY" button. By clicking on this button, the Customer expressly acknowledges that he/she is obliged to pay the amount of his/her order in order to have it delivered. The Customer is then invited to accept the present general conditions of sale by checking the box located at the bottom of the screen and to click on the button "ACCEPT PAYMENT". The fact that the Customer clicks on the button implies the Customer's commitment to pay for his order.
- Confirmation of the order: once the order is finalized, the Customer will receive an email confirming his order at the address indicated when creating his account. This email will confirm the essential elements of the order and in particular the product(s), the price(s) of this (these) product(s), the deadlines and delivery terms. This email will also remind the terms and conditions under which the Customer can exercise his right of withdrawal.
Article 3 : Prices
By phone or in store :
The applicable prices of our Products are those appearing on the posted tariffs (in Euros, in HT and TTC). They mean ex property, the cost of transport is the responsibility of the buyer, as indicated on the Purchase Order.
The payment is made in cash at the latest on the delivery date, without discount for early payment.
An invoice is issued by the Domaine and given to the Client upon collection or delivery of the Products purchased.
Any payment made after the due date indicated on the invoice will result in the payment of late payment penalties calculated on the basis of the interest rate of the European Central Bank increased by 10 points as well as a fixed indemnity of 40.00 euros for collection costs (). These penalties will be due without formal notice, without prejudice to any other action that the Domaine may take against the Client.
On the website :
Prices are indicated in Euros (€). They are indicated exclusive of tax and VAT, excluding shipping costs. Subject to typographical and display errors or obvious pricing errors.
- Products delivered in METROPOLITAN FRANCE and in CORSICA: the prices take into account the VAT and the French rights.
The products are sold by batch of 3 bottles only
Invoicing: a detailed invoice is sent by email after validation of the order by the Customer. Invoices are issued in Euros (€). All bank payments are made in Euros (€) or in local currency, as desired.
Article 4 : Shipping and storage costs
By phone and in store :
Products purchased immediately can be taken away by the Customer, from the Estate, or within a maximum of 15 days after the contract is signed. Otherwise, the Customer will be charged for the storage of the goods.
The Products purchased by the Customer will be delivered in Metropolitan France and Corsica within 7 days to the address indicated on the Purchase Order. The Customer acknowledges having been informed of the delivery costs. Shipping costs vary according to the weight of the package and the number of items.
In the event that the Client makes a specific request concerning the packaging or transport conditions of the Products ordered, accepted in writing by the Domaine, the costs will be subject to additional invoicing.
On the website :
The Products purchased by the Customer will be delivered in Metropolitan France, within 7 days to the address indicated at the time of the order on the website. The shipping costs are automatically calculated in the final basket.
Article 5 : Delivery
The delivery is made by the carrier at the address indicated by the customer at the time of his order (or by a notice of availability in the absence of the customer). Home deliveries are made at the bottom of the building or at the main door of the building. The deliveryman will not be able to assist you in handling the packages..
Delivery times vary depending on the type of shipping and the delivery location.
- UPS : 7 days
- Geodis : 7 days
In any case, the delivery will have to take place within a maximum of 30 days from the transmission of the order. If the delivery could not be ensured within this time, the consumer would be informed as soon as possible and could cancel his order. He could then ask for the exchange of the product or his refund.
Article 6 : Payment
Terms of payment :
The price of items ordered is payable in full to SAS des Petits Quarts upon issuance of your order form on the site, according to one of the following methods of payment :
- By credit card (secure online payment or communication of the number, expiration date and holder by phone or mail)
Methods of payment :
Internet: secure payment by credit card
We have set up for you a secure procedure of payment by credit card on the Internet. This procedure is based on the technology of information encryption, a true reference of secure payment.
How to make an order by credit card on the site?
When you pay, you register your credit card numbers and expiration date which are immediately encrypted in your computer before being sent on the Internet. Thus, no confidential information circulates on the network without having been encrypted beforehand.
Please note: only credit cards bearing the CB, VISA, EUROCARD, MASTERCARD or AMERICAN EXPRESS symbol are accepted.
Article 7 : Transfer of ownership and transfer of risks
The transfer of ownership of the Products of the Domain, to the benefit of the Customer, whether it is an immediate purchase or an order, will be realized only after complete payment of the price by the latter, and this, whatever the date of delivery of the Products..
However, regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be made when the Customer takes physical possession of the Products.
Except when the Customer uses a carrier that he has chosen himself, independent of the Domain, in which case the transfer of risks shall take place at the time of delivery of the Products ordered by the Seller to the carrier chosen by the Customer.
The Customer is required to check the packages upon receipt and to notify the carrier of any reservations on the delivery slip, and at the latest within three days of receipt of the defective package by registered letter. After this period and if these formalities are not respected, the Products shall be deemed to be free of any apparent defect.
Article 8 : Return of the product
Pursuant to Article L. 121-16 of the Consumer Code, you may exercise your right of withdrawal and return, at your expense, to the address of our headquarters indicated in Article 1, the product within fourteen (14) days from delivery, in good condition and in its original packaging with the original invoice, for exchange or refund of an amount corresponding to the value of the returned product and the initial shipping costs.
Model of withdrawal form :
To the attention of Domaine des Petits Quarts :
I hereby notify you of my withdrawal from the contract for the sale of the goods below:
Ordered on (*)/received on (*) :
Name of the consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate
Taking charge of the expenses of return :
The Domaine des Petits Quarts will take charge of the return costs (at the current base rate) only if one of the two following conditions is met: The delivery does not conform to the order, or you have made reservations with the carrier (see Article 9: transport and liability). In this case, please contact our customer service in the 'Contact' section of our website.
Article 9 : Responsibility of the Seller - Legal guarantees
The Customer benefits by right, and without additional payment, from the legal guarantee of conformity and the legal guarantee of hidden defects.
The consumer has a period of two years as from the delivery of the good to obtain the implementation of the legal guarantee of conformity in the event of appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance. Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
The legal guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, without charge and without major inconvenience to him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund in exchange for the return of the good, if: 1° The trader refuses to repair or replace the goods;2° The repair or replacement of the goods occurs after a period of thirty days;3° The repair or replacement of the goods causes a major inconvenience to the consumer, particularly when the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;4° The non-conformity of the goods persists despite the seller's attempt to bring the goods into conformity, which has remained fruitless.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in price or rescission of the contract. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for repair or replacement suspends the warranty that was still running until the delivery of the good in its original condition.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
Article 10 : Protection of personal data
The Domaine des Petits Quarts implements the processing of personal data based on the legitimate interest in the purposes of prospecting, managing the relationship with its customers and prospects, or the processing and management of customer files.
The Domaine only keeps the data for the time necessary for the operations for which they were collected and in compliance with the regulations in force.
In this respect, customer data is kept for the duration of the contractual relationship plus 3 years for the purposes of promotion and prospecting, without prejudice to the obligations of conservation or limitation periods.
The persons concerned by the processing implemented also have the right to object at any time, for reasons related to their particular situation, as well as the right to object to commercial prospecting.
Right of access and rectification :
In order to meet your needs and to ensure an optimal remote service, we are led to record certain elements concerning you (name, first name, address, date of birth).
You may receive, through the Domaine des Petits Quarts offers of the domain by phone, mail or email.
If you do not wish to receive such offers, simply write to our customer service indicating your name, surname and address.
In accordance with the French law on Information Technology and Civil Liberties of January 6, 1978, you have the right to access and rectify your personal data.
You can also have them rectified by contacting our customer service.
These persons also have the right to lodge a complaint with the CNIL.
In addition, if the Customer does not wish to be solicited for commercial purposes by telephone, he/she can register on the telephone canvassing opposition list accessible on the site: www.bloctel.gouv.fr.
Banking information :
Moreover, all banking information that you communicate to us, during an online purchase, is neither stored nor visible on the Internet. No one can intercept the information you send.
The occurrence of an unpaid order due to fraudulent use of a credit card will result in the registration of the details related to your order associated with this unpaid order. An irregular declaration or an anomaly may also be subject to specific treatment.
Article 11 : Jurisdiction clause
The judicial court of Saumur will be the only one competent in case of dispute or contestation. The French legislation applies to all our sales.
The Customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption or with the authorities of mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
Article 12 : Protection of minors
In accordance with article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under 18 years of age is prohibited, you agree, by filling out the order form, to be over 18 years of age on the date of the order by checking the appropriate box.
Article 13 : Order tracking
If you wish to know the status of your order (in preparation, shipped, etc.), our customer service is at your disposal to inform you or you can follow the status of your order directly in your customer area.