General condition of sale
The sale of alcohol to minors under the age of 18 is prohibited.
Last updated on April 27, 2020
Preamble
This website https://boutique.lesgravesdeviaud.com/ is published by SARL Franconseil/LA COLOMBINE, 409 impasse de VIAUD – 33710 PUGNAC - RCS LIBOURNE
This company is the commercial structure of Chateau Les Graves de Viaud.
E-mail: info@lacolombine.fr / info@lesgravesdeviaud.fr - Tel: +33 6 73 18 28 12.
Article 1: Scope
These General Conditions of Sale apply to all orders placed through the website https://boutique.lesgravesdeviaud.com/ and this regardless of the clauses that may appear on the buyer's documents.
the Customer acknowledges having read these General Conditions of Sale and accepting their terms. In a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply.
Article 2: Orders
SARL FRANCONSEIL undertakes to accept orders placed under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.
In case of out of stock, SARL FRANCONSEIL undertakes to communicate the lead times necessary to obtain the desired product or to offer a replacement product. SARL FRANCONSEIL will honor each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares to have read and accept these General Conditions of Sale. The preparation and dispatch of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is dispatched.
SARL FRANCONSEIL reserves the right to cancel all non-compliant or doubtful orders, as well as those resulting from a Customer with which there is any dispute.
Article 3: Price
The prices indicated include all taxes (applicable VAT, excise duties and all other taxes applicable on the day of the conclusion of the order, any change that may be passed on to the price of the products).
In the event of delivery outside Metropolitan France, the prices displayed are inclusive of VAT (VAT included) and are supplemented with excise duties and other taxes of the country of Customer (and all other taxes applicable on the day of the conclusion of the order, any change that may be passed on to the price of the products), as well as administrative management costs for customs formalities.
Product prices may change at any time depending on SARL FRANCONSEIL 's pricing policy. The products ordered are invoiced at the price in effect at the time the order is recorded.
Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.
The prices displayed are net and excluding shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment.
Article 4: Validity of offers
Products and promotional offers are offered within the limits of available stocks.
In the event of unavailability of one or more products after validation of the order, SARL FRANCONSEIL undertakes to inform the Customer by e-mail as soon as possible. In accordance with the Client , SARL FRANCONSEIL may modify the order or refund the unavailable product(s) by crediting the payment card used when ordering.
Article 5: Delivery
SARL FRANCONSEIL delivers in Metropolitan France. Shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries for any other destination must be the subject of a specific estimate.
The wines come from our domain and are stored in our cellars or on the logistics platform of the Plugwine brand located in Mâcon.
The delivery time for orders is 7 working days for Metropolitan France after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order received by e-mail by the Customer . The order is delivered to the delivery address chosen by the Customer .
the Customer is required to carefully check its packages upon delivery in order to immediately issue any reservations to the carrier. the Customer has a period of 3 days (article L133-3 of the Consumer Code) to manifest itself and 10 days if he has not been able to check their good condition with the carrier (article L224-65 of the Consumption).
Any error or modification made by the Customer in a pending delivery order, whatever it may be, entails an extension of the scheduled delivery time. Additional costs will be borne by the Customer
Article 6: Withdrawal
Regarding a product order:
Pursuant to the provisions of article L.221-18 of the Consumer Code, the Customer has a period of fourteen clear days from the delivery of his order to return the delivered item for exchange or refund, at the choice of the Customer , without penalties, with the exception of return costs.
the Customer benefits from a period of two years from the delivery of the goods to act from the discovery of the hidden defect.
The notification of the will of withdrawal can be done by the form made available on our site or with our Service Customer by mail or by phone (see the Contacts page for contact details)
SARL FRANCONSEIL undertakes to reimburse the Customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The costs of returning the product remain the responsibility of the Customer .
Returns must be sent to the address:
Chateau Les Graves de Viaud
On behalf of SARL FRANCONSEIL
409 Viaud Impasse
33710 PUGNAC
In accordance with Article L.221-5 of the Consumer Code, the Consumer Buyer can find below a standard withdrawal form for an order placed on the Site with a professional Seller advertiser:
Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of: (contact details of the Seller Advertiser)
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of Client(s):
Address of the Client(s):
Signature of the Client(s) (only in the event of notification of this form on paper):
Date : (*)
(*) Strike out the useless mention.
Regarding an activity reservation:
Pursuant to the provisions of Article L.221-28 12° of the Consumer Code, the sale of reservations for wine tourism activities constituting a provision of leisure services to be provided according to a determined frequency, the provisions of Article L.221-18 of the same code relating to the consumer's right of withdrawal are not applicable to the purchase of Tickets at a distance.
Article 7: Payment
Any order implies a payment defined according to the methods and means specified in the ordering process.
Payments by credit card are made via a secure online payment service.
SARL FRANCONSEIL never have access to the banking data of Customers .
A payment order made by bank card cannot be cancelled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the Customer to exercise its right of withdrawal or subsequent cancellation of the order.
Article 8: Retention of title
In accordance with the law of May 1, 1980, the products delivered to Customer are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the products by the Customer, on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, SARL FRANCONSEIL may claim ownership of the products at the expense and risk of the Customer.
Article 9: Personal data
All data provided during your Customer visits to https://lesgravesdeviaud.plugwine.com/ are strictly confidential. None of the Customers' personal data or contact details will be sold or rented to anyone without their prior consent. The personal data of customers will be used by SARL FRANCONSEIL for the processing of orders and, if necessary, to contact them for information exclusively relating to our services: accounting, control and selection of credit card or other payment card, analyzes marketing and statistics, testing, system maintenance and development, Customer surveys, Customer relations, improving our future communications, and better identifying Customer needs and preferences. Once registered on https://boutique.lesgravesdeviaud.com/ , the Customer will be able to access the "My Account" page and modify their personal data.
SARL FRANCONSEIL may collect, store and use the following data: name, email address, physical contact details, date of birth and sometimes delivery, billing or other information related to the order.
Pursuant to the Data Protection Act of 6 January 1978, the Customer has a right to access, modify, rectify and delete data concerning him. the Customer can exercise this right by sending a letter to Customer Service (see the Contact page for contact details)
The automated processing of personal information on the site https://boutique.lesgravesdeviaud.com/ has been declared to the National Commission for Computing and Liberties.
Existence of a list of opposition to canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone details will only be used for proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the foregoing, in accordance with legal provisions, you are informed that you can, if you wish, register on the list of opposition to canvassing. You can register for free on this list, which applies to all professionals except those with whom you have already concluded a contract.
Article 10: Use of cookies
SARL FRANCONSEIL uses cookies, in particular to recognize the Customer when connecting to the site. https://boutique.lesgravesdeviaud.com/ as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the Customer's computer by his browser when he visits a website.
the Customer has the option of disabling the use of these cookies by selecting the appropriate settings on their computer. However, this deactivation will result in preventing access to certain features of the site.
Article 11: Warranties
SARL FRANCONSEIL is bound by the legal guarantee against hidden defects, within the meaning of article 1641 and following of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing which render it unsuitable for the use of which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price for it, if he had known of them". Consequently, the Customer has up to 2 months after the date of delivery to send his complaint to SARL FRANCONSEIL . Beyond this period, SARL FRANCONSEIL can no longer guarantee the products and the Customer must prove that their possible alteration is prior to their receipt.
The products benefit from the legal guarantee of conformity provided for by articles L217-4 and following of the Consumer Code.
It is reminded that the Customer:
- Benefit from a period of two years from the delivery of the property to act;
- Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- Is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The Customer who wishes to invoke the legal guarantee of conformity must inform SARL FRANCONSEIL . If the reasons for the return are justified, the Products concerned returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery costs as well as return costs will be reimbursed.
Reimbursement of the returned Product(s) will be made by crediting the bank account linked to the credit card used for payment of the order.
The refund date may be deferred until the actual date of receipt of the Product(s) at the above address.
Article 12: Liability
All the texts and photos presented have information value only and are in no way contractual. FRANCONSEIL SARL reserves the right to make changes to its website, its procedures and these General Terms and Conditions of Sale. the Customer is subject to the General Conditions of Sale in force at the time of placing the order. FRANCONSEIL SARL cannot be held responsible, or considered to have breached these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.
Article 13: Applicable law
The language of this contract is French. All the clauses of these General Conditions of Sale, all transactions and purchase operations carried out from the site https://boutique.lesgravesdeviaud.com/ . as well as by mail and by telephone are governed by French law and law. Any dispute that has not been settled amicably will be the responsibility of the Courts of the Company's registered office. FRANCONSEIL SARL or the court of the department chosen by the Customer .
Article 14: Protection of minors
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. the Customer undertakes to be 18 years old by placing an order on the site https://boutique.lesgravesdeviaud.com/ .
Main applicable texts
Article L217-4 of the Consumer Code
"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter 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, the producer or 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 seller's attention and which the latter has accepted".
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
Article L221-28 of the Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional (…)”.
Article 1641 of the Civil Code
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them".
Article L3342-1 Public Health Code
"The sale of alcoholic beverages to minors is prohibited. The offer of these beverages free of charge to minors is also prohibited in drinking establishments and all businesses or public places. The person who delivers the beverage requires the customer to he establishes proof of his majority (…)”.
CONSUMER MEDIATION
According to Article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system”. As such ALLO MY COACH offers its Consumer Customers, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator from the Médicys approved mediation center
- contact@medicys.fr
- https://medicys-consumption.fr/