Terms of sales
These General Terms and Conditions of Sale (GTC) govern the relationship between the Seller (the SARL CAVEAU LA BEYLESSE) with a capital of €8,000.00, registered with the RCS of Annonay under number 478 823 214 whose registered office is 1 avenue du 8 May 1945 07 130 SAINT-PERAY and the Customer (consumer or non-professional) located in one of the delivery areas served by the Seller and wishing to make a purchase on the website www.boutique-nodin.fr
The website was published by SARL CAVEAU LA BEYLESSE. It is an e-commerce space that offers a remote product ordering service. These may be products from the Rémy Nodin estate marketed by (SARL CAVEAU LA BEYLESSE) or products from companies or related companies or partners resold by SARL CAVEAU LA BEYLESSE. Access to the e-commerce space of the website www.boutique-nodin.fr implies unreserved acceptance of these GCS.
The contract resulting from the effective order of the Customer is subject to the regulations of Distance Selling, as it results from the legislative and regulatory provisions in force in France, and in particular from the Consumer Code in force the 1sterJuly 2016, as well as the provisions set out below. By placing an order on the Site, the Customer certifies that he is an adult natural person or a legal person acting for his personal and non-professional needs and thus certifies that he is not acting for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural. He accepts the General Conditions of Sale of the Site and the author of the offer. He certifies having the capacity to contract, and acknowledges having previously read and accepted without restriction the conditions of sale applicable to his purchase (order and delivery) at the time of placing the order.
These General Conditions of Sale on the Internet will prevail over all other general or specific conditions of the Seller or conditions of purchase not expressly accepted by the Seller. The Special Conditions of Sale are those set out on the screen (prices, conditions and terms appearing in particular in the product sheets, order forms, etc.). The Customer is invited to carefully read the general and specific conditions of sale in force prior to any order.
1 PROVISIONS RELATING TO THESE GENERAL CONDITIONS OF SALE (HEREINAFTER, THE "GTC")
1.1. Purpose of the GTC
These GTC aim to define the contractual relationship between the Seller and the Customer as well as the general and specific conditions applicable to any purchase of goods and services made on the site. These GTC govern and are applicable exclusively to the online sale to consumers and non-professionals of the Seller's products on the site www.boutique-nodin.fr (hereinafter referred to as "the site"), access to which is free. and free to all Internet users, except for the restrictions mentioned in article 3 of the GTC.
1.2. Scope of the GTC
These GTC exclusively govern the online sales contracts of the Seller's products to buyers who are consumers or non-professionals (hereinafter, the customer(s)) and constitute, with the order form, the documents binding on the parties. These GTC do not apply to professionals defined as being any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional./span>
The GTC are exclusively applicable to products delivered to customers established in metropolitan France. The GTC, as well as all the information mentioned on the site, are written in French.
1.3. Availability and retention of the GTC
Before the validation of the order and its payment, the Customer ticks a box provided for this purpose by which he declares to have read and accepted the GTC. Next to the checkbox is a link allowing the customer to download the GTC (and the withdrawal form) in PDF version, and to print them. The preservation and reproduction of the GTC are ensured by the Seller in accordance with article 1369-4 of the Civil Code, and those of the contractual stipulations will be ensured in accordance with article 1127-1 of the Civil Code as in force since 1er octobre 2016.
1.4. GTC modification
The conditions of sale apply to orders made for the duration of their online publication. The GCS applicable and enforceable against the Customer are those in force on the date of the order. The Seller reserves the right to modify the GCS at any time and without notice. But, such modifications can in no case apply to contracts concluded previously. The GCS will again be communicated to the Customer by transmission in PDF format in the order confirmation email.
2. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS
The Customer agrees, by entering his year of birth on the home screen of the site, to be, in France, 18 years of age on the date of the order. If the Customer is domiciled in another country, he undertakes to respect the laws and rules of this country with regard to his legal minority and to be of the minimum age required to purchase alcoholic beverages there.
It is recalled that alcohol abuse is dangerous for health.
3.1. Technical sheets
Each product offered on the Site is the subject of a sheet accessible by clicking on the description or the photograph of the product concerned. This sheet presents the essential characteristics of the product selected in accordance with article L.111-1 of the Consumer Code. These indications are intended, without being exhaustive, to inform the Customer as completely as possible about these essential characteristics. These indications may be subject to minimal variations and cannot therefore replace the information appearing on the packaging of the product delivered and to which the customer is invited to refer.
3.2 Pictures and Illustrations
The Customer is informed, subject to his rights, of the possibility of a difference in presentation on delivery resulting from a change in labelling, dressing, packaging (photographs and illustrations) by the producer or supplier, this difference n affecting in any way the content and characteristics of the product.
3.3. Promotional Benefits
The Customer is informed that the Service does not allow the taking into account of promotional advantages such as in particular reduction coupons of any kind to be used on the purchase of a product or for a minimum purchase amount, at the exception of those expressly formulated for the Site and materialized for example by the attribution of a code.
4.1. Seling prices
The selling price of the product is that in force on the day of the order, and taking into account the VAT applicable on the day of the order. The selling prices are indicated, for each of the products appearing in the electronic catalog, in euros including tax, but, in accordance with article L.112-3 of the Consumer Code, excluding preparation, transport, delivery, postage or any other possible costs, indicated separately. The delivery and transport costs, invoiced in addition, will be indicated to the customers before the validation of the order, in a summary indicating the amount due before they place an order.
In the event of a promotion offered on the site, the Seller undertakes to apply the promotional price to any order placed during the duration of the promotion. The total amount owed by the Customer is indicated on the order confirmation page. The amount of the order that the Customer will have validated by proceeding to payment is the final price - all taxes included and including the amount of delivery costs - and the maximum that may be debited to him. This price may nevertheless vary in the event of the unavailability of one or more products ordered or in the event of the substitution of one or more products ordered if the Customer has accepted it.
The Seller reserves the right to modify its prices at any time, without notice, while guaranteeing the Customer the application of the price in force indicated on the Site on the day of the order.
5. OFFER DURATION
The online sales offers presented on the site are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog. Orders responding to these offers can only be satisfied within the limits of available stocks due to limited quantities depending on products, formats and vintages, the Seller will be required to inform the Customer without delay in the event of a stock shortage preventing him either to carry out the order within 15 days following the conclusion of the contract, or to prevent it from doing so definitively.
In this case, and unless the parties agree on another delivery period or that of another product of equivalent quality and price, the availability of which is guaranteed, the Customer, without prejudice of its ability to resolve and terminate the contract under the conditions of article 216-2 of the Consumer Code, will be reimbursed, at the latest within fourteen days of their payment, of all of the are already paid.
6.1. Contract conclusion steps
To make an order, the Customer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button, and provides information relating to delivery and the method of payment. He will acknowledge his obligation to pay by clicking on the button "Payment validating Order", in accordance with the provisions of art. L.221-14 of the Consumer Code. In accordance with the requirements of this article, the site will indicate clearly and legibly, at the latest at the start of the ordering process, the means of payment accepted and any delivery restrictions.
Before clicking on this button, the Customer has the possibility of checking the details of his order and its total price, of downloading the GCS and the withdrawal form, and of returning to the previous pages to correct any errors or possibly modify his order, if he wishes, before confirming it to express his final acceptance.After having confirmed the content of his order, the Customer will validate it definitively by his payment. The order will not be final until payment of the corresponding price.
To comply with the provisions of art. 1127-2 of the Civil Code, an e-mail acknowledging receipt of the order and its payment will be sent, without undue delay, by the Seller. After the conclusion of the contract and at the latest at the time of delivery, in accordance with the provisions of Art. L. 221-13 of the Consumer Code, the Customer will receive, on a durable medium, an e-mail confirming his order detailing the products ordered, the price including all taxes and the delivery costs as well as the GCS and the form of withdrawal.
6.2. Order modification
Any order modification by the Customer after confirmation of his order is subject to acceptance by the Seller. To do this, the Customer must imperatively send his request to the selling company by e-mail or by telephone.
6.3. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy which will meet the conditions of art. 1379 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract and its conditions.
6.4. Unavailability of ordered products
As indicated in art. 6, if the products ordered are unavailable on delivery, the Seller shall immediately inform the Customer and may offer him a product of equivalent quality and price. In the event of disagreement, the Customer is reimbursed at the latest within fourteen days of payment of the sums paid.
7.1. Payment time
The products ordered are payable in full with the order and in euros. An invoice expressed in Euros including tax will be issued by the Seller and sent to the customer at the billing address indicated. In the event of non-payment or refusal of payment authorization by the accredited bodies, the order will be refused.
7.2. Payment terms
Payment is made immediately upon ordering by credit card, or by check sent to the address of the Seller's head office as mentioned in article 1.1, or by money order or bank transfer.
7.3. Payment security
Payment by credit card is made via the secure E-transactions platform, Crédit Agricole's secure payment solution integrated into the boutique-nodin.fr website. E-transaction secures transactions in 3D SECURE (VISA SECURE).
8.1. Retractaton right
In accordance with and under the conditions of Articles L. 221-18 and following of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller, without giving reasons, within fourteen days from the receipt of the goods. To exercise the right of withdrawal, the Customer must notify the Vendor's electronic (email@example.com) or physical address, as mentioned in article 1.1, of his decision to withdraw. of this contract by means of an unambiguous written statement. The Customer may use the model withdrawal form provided by the Seller.
However, the Customer does not have the right of withdrawal for the bottle(s) that he has unsealed after delivery for reasons of hygiene and health protection, in accordance with Article L. 221-28 of the Consumer Code. The Customer is not deprived of the legal guarantee of conformity (cf. article 11)
8.2. Effects of withdrawal
The effects of withdrawal are governed by articles L. 221-23 and L. 221-24 of the Consumer Code. In the event of withdrawal by the Customer from the contract concluded, the Seller will reimburse all payments received from the Customer, including delivery costs (except for additional costs arising from the fact that the Customer has chosen, where applicable, a method of delivery other than the less costly method of standard delivery offered by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the Customer's decision to withdraw, unless that the Seller does not offer to collect these goods himself.
The Seller will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees to a different means; in any case, this reimbursement will not incur any costs for him. The Seller may defer reimbursement until he has received the goods or until the Customer has provided him with proof of shipment of the goods, the date chosen being that of the first of these facts.
The Customer must return the product(s) to the Seller, bearing the direct costs of return, or return them to him and return them to his address, without undue delay and, in any event, no later than fourteen days after he has communicated his decision to withdraw from the sales contract. This deadline is deemed to have been met if the Customer returns the product before the expiry of the fourteen-day period. The Customer's liability may be incurred in the event of depreciation of the goods resulting from manipulations other than those necessary to establish the nature and characteristics of these goods.
9.1. Place of the delivery
The products are delivered to the address indicated by the Customer on the order form. For technical and logistical reasons, the Customer can only be delivered in mainland France and Corsica.
9.2. Delivery delays
The Seller undertakes to deliver the products within 15 days (unless the parties have agreed otherwise) after receipt of the order, and payment of the corresponding price. For orders paid by check, receipt of payment means cashing the check.
9.3. Delay or failure to deliver
In the event of the Seller's failure to fulfill its obligation to deliver the products or at the expiry of the period provided for in Article 10.2, and unless the parties have agreed otherwise, the Customer may terminate the contract under the conditions provided for in Articles L. 216-2 and following of the Consumer Code, without prejudice to an action for compensation for any damage suffered.
9.4. Delivery terms
If the Customer notices on delivery that an element is missing or that the products have suffered damage, he must indicate this in writing on the delivery note. The Customer must also notify the carrier of the reservations made on the delivery note, within 3 days, not including public holidays, following receipt of the products, in order to allow the Seller to assert his rights with the carrier selected in accordance with Articles L. 133-1 and L. 133-3 of the Commercial Code. The address to which the reservations must be notified will be indicated to the Customer in the package. Failure to comply with these formalities does not deprive the Customer of his right to avail himself of the non-compliance of the products, the Seller bearing the cost of transport risks. On the other hand, failure to comply with these formalities obliges the Customer to compensate the Seller for any damage suffered as a result of the loss by the latter of its recourse against the carrier.
10. LEGAL GUARANTEE OF CONFORMITY
All products supplied by the Professional Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code.
When acting as a legal guarantee of conformity, the consumer:
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. The defects of conformity which appear within this period are presumed to exist at the time of delivery, unless proven otherwise, in accordance with art. L. 217-7 of the Consumer Code;
- benefits from a period of two years to act from the delivery of the goods;
- can choose between the repair or the replacement of the good, subject to certain cost conditions provided for by articles L. 217-9 and following of the Consumer Code
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, the customer can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
11. INTELLECTUAL PROPERTY
The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher or the Seller, and are protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the publisher and the company holding the rights, expose the offenders to legal proceedings.
12. PROTECTION OF PERSONAL DATA (GDPR)
Some personal data is collected from the Customer in order to be able to respond to his requests. If the Customer chooses not to communicate them, the request cannot be processed. These data are subject to computer processing necessary for processing the order and managing relations with the Customer. Information relating to all orders is stored and archived for as long as necessary for the proper conduct of commercial relations under reinforced security conditions and can serve as evidence in the event of a dispute. The data collected relating to the delivery of the purchased goods may be communicated to the Seller's partners for the delivery of the purchases. The personal data collected by the Seller may be used in the context of direct marketing operations carried out by mail, email, after the prior consent of the Customer. However, the Seller may use this personal data during marketing operations relating to similar products.
Personal data may also be communicated to partner or related companies of the Seller, but the Customer may expressly object to this communication for marketing purposes, as soon as they are collected or subsequently by writing to the Seller by email or at the address of its head office. The Customer may exercise his right to access, rectify or delete this personal data and object to this data being used for prospecting purposes, in particular commercial, under the conditions provided for by amended law 78-17. of January 6, 1978 and by EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. He makes the request by email to the email address firstname.lastname@example.org or by post at the address of the Seller's registered office.
For any difficulty or complaint, the Customer is invited to contact the Seller beforehand either by email under the "Contact" section, or by email or post to the Sales Administration department of SARL CAVEAU LA BEYLESSE1 AVENUE DU 8 MAI 1945 07130 SAINT PERAY TEL +33 (0)4 75 40 35 90 email@example.com
Disputes that persist despite this prior attempt, arising in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to the Consumer Mediation. In accordance with the provisions of art. L. 612-1 of the Consumer Code, in fact, every consumer has the right to have recourse free of charge (except for his costs to be assisted by counsel), to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional, within one year of his written complaint to the seller's services.
In accordance with Article L. 616-2 of the Consumer Code, the Customer is informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from a purchase. Online Consumer Dispute Resolution Center and then forward the cases received to the competent national ombudsmen: this European platform for out-of-court online consumer dispute resolution can be accessed at: https://ec.europa.eu/consumers/odr/ . With regard to French customers, and pending the referral of a consumer mediator with the official competence of his branch of commercial activity, the seller proposes recourse to the PARIS Mediation and Arbitration Center. A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any event the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution.
14. APPLICABLE RIGHT
The e-commerce activity is subject to the law of the Member State in whose territory the person exercising it is established, since it is the common intention of the parties and in particular of the person receiving the goods. Any natural or legal person carrying out this activity is automatically liable to the Customer for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by itself or by other service providers, without prejudice of its right of recourse against them.
The sales contract and these GTC are subject to French law. However, in the case of customers residing in a Member State other than France, they cannot be deprived of the protection guaranteed to them by the mandatory rules of the legislation of their country of residence. In the absence of amicable settlement, disputes relating to orders placed on the site are the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or warranty claims.
15. APPENDIX: MODEL WITHDRAWAL FORM
(Please complete and return the form and your order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of: SARL CAVEAU LA BEYLESSE, 1 avenue du 8 mai 1945 07 130 SAINT-PERAY – Mobile phone +33 (0)4 75 40 35 90 firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract relating to the sale of the product below :
ordered on [………………………………],
received on […………………………………]
Order number : [……………………………………………]
Name of the client : [………………………………………………………]
Client's adress :[…………………………………………………]
Date : [……………………………………]
Signature of the client
(Only in case of writting this form on paper)