CONDITIONS GÉNÉRALES DE VENTE
1 - DEFINITIONS
The contracting parties – the buyers – of the winery will be referred to as “The Client”.
The winery (SAS Vignoble Simian) – the seller – will be referred to as “The Estate”.
2 - SCOPE OF APPLICATION OF THE CGV
These general terms and conditions are binding on the parties from the moment any contract is formed between “Le Domaine” and each of its clients and apply to all of its activities and especially to all wines and associated products.
Unless otherwise stipulated in specific terms and conditions, these terms and conditions prevail over all other general terms and conditions of sale or purchase and, more generally, over all other contractual and commercial provisions and interprofessional agreements. They remain applicable even if one of the parties does not invoke them at any given time. French law shall apply.
The contractual relationship is formed by the Client’s submission of an order form to the “Domaine” and its acceptance by the latter, even if the sale is made through any intermediary (agent, importer, broker, distributor, etc.).
The “Domaine” reserves the right to apply restrictions to certain products ordered or even to refuse to fulfill an order requested by a client.
The Client expressly waives the benefit of Article 1587 of the French Civil Code, which makes the final conclusion of the order conditional upon tasting and approval by the buyer.
As an exception to other sales methods, the consumer has a 14-day withdrawal period for purchases made online or by telephone. In this case, the sale is automatically cancelled and the ordered products must be immediately and fully returned to the “Domaine” at the customer’s expense, along with the price paid to the customer, including delivery charges.
The order form details all aspects of the contractual relationship and
specifies in particular the nature of the wines ordered, the choice of containers, the vintages chosen, the quantities desired, the prices charged, the various transport costs, and the total amount to be invoiced.
3 - PRICE
Our prices are always quoted excluding bottles and packaging. For sales within mainland France, the stamp on our bottles, representing the excise duty on wines, confirms that we have paid the excise duty.
The pricing of wines sold by “Le Domaine” is made available to all customers. All our offers of wines available for delivery are valid while stocks last, excluding promotions and special offers.
Prices are expressed in Euros (€) and include all applicable French taxes (French VAT and any other applicable taxes). Prices are listed per container type chosen by the customer (bottle, magnum) and vary depending on the different wines sold and vintages.
Unless otherwise agreed, only the price list in effect on the date the order is placed applies to the relationship between “Le Domaine” and its customers.
Product prices are quoted excluding shipping costs, which are calculated based on the number of bottles and the final weight of the order.
Discounts may be granted based on order volume, over a given period or for individual orders, and may also take the form of free bottles or products.
4 - DELIVERY AND DELAYS
Delivery times begin to run from the date of acceptance of the order by “the Domain”, which is conditional upon receipt of the full amount of the price or any document that may prove necessary for the execution of the order.
The delivery times indicated by “Le Domaine” are purely indicative and cannot under any circumstances be used against “Le Domaine” as the basis for any claim for compensation in the event of a delivery delay. These delivery times are suspended if the CLIENT fails to fulfill their contractual obligations to “Le Domaine”.
In general, “Le Domaine” accepts no responsibility for delivery delays that may occur and are not its fault.
Any modification or cancellation of an order requested by the customer can only be considered with the agreement of “Le Domaine” and provided that it is received in writing by “Le Domaine” before the wines are shipped.
If “Le Domaine” does not accept the cancellation or modification request, any deposits paid can only be refunded in the form of a credit note, valid for sixty days from the date of issue. After this period, the credit note is permanently forfeited.
Goods always travel at the customer’s risk, regardless of the terms of sale, pricing, mode of transport, shipping, and delivery, and whether the shipment is prepaid or not.
Upon delivery, any missing, non-conforming, or apparently defective items must be noted on the delivery slip to preserve the customer’s recourse against the carrier. The customer must also notify “Domaine” in writing within 48 hours of delivery to allow them to participate in the claim. In the event of a damaged package, the customer must refuse delivery. Any statement made by the customer such as “subject to unpacking” or any other statement with the same meaning is invalid. Failure to comply with these procedures will render the entire delivery irrevocably presumed to conform to the order and to be free of apparent defects.
Any dispute regarding the conformity of the products or their defective nature can only result in a temporary suspension of payment, which must be limited to the precise amount of the invoice, the balance of the overall invoice must be paid on its due date.
The “Domaine” guarantees the high quality of its wines, and its liability is limited to the simple replacement of any goods deemed defective upon leaving the cellars. This defect must be proven by the customer and verified jointly by the Domaine itself.
5- PAYMENT AND PAYMENT DELAYS
5.1 - Payment
Payments can be made by bank check, direct debit, bank transfer, promissory note, or payment card. Any failure to pay by the due date will, after formal notice, result in the collection of a fixed penalty equal to 20% of the outstanding amount, with a minimum charge of €75.
In the event of cancellation of the order after the 14-day period in accordance with the law and regulations in force, the amount of the security deposit will be credited to the customer to be used towards a future order of goods.
In the event of non-compliance by the customer with the conditions initially stipulated on the order form and accepted by the customer, LE DOMAINE reserves the right to proceed with the shipment of the goods cash on delivery, or to not proceed.
In the event that delivery of the order is impossible due to the customer, before or after shipment, and requires the return of the goods, the DOMAINE will issue an invoice for the costs incurred in pure loss and will debit the customer’s account.
5.2 - Right of Withdrawal
In accordance with applicable legal provisions, the customer has fourteen (14) days from receipt of the product to exercise their right of withdrawal with DOMAINE, without having to provide a reason or pay any penalty, by sending a withdrawal notice by registered letter with acknowledgment of receipt. The customer must return the goods to us within 14 days of their withdrawal at their own expense.
6 - RETENTION OF TITLE
The delivered products, wherever they may be located, remain the property of the “Domaine” until full payment of the order. The mere issuance of a bill of exchange or any other instrument creating an obligation to pay does not constitute payment.
Upon receipt of the delivered products and before full payment of the price, the customer is responsible for them, as the transfer of possession entails the transfer of risk.
Consequently, the customer formally agrees to take out insurance covering the risks of loss, theft, or destruction of said products.
In the event of insolvency proceedings initiated against the customer, “Le Domaine” reserves the right to reclaim ownership of the products sold in accordance with applicable legal provisions.
Ownership of the products sold is definitively transferred to the buyer after full payment of the price and accessories.
7 - RETURN OF GOODS IN CASE OF NON-PAYMENT
“Le Domaine” will be entitled to take back the products sold, wherever they may be and at the CLIENT’s expense, in the event of non-payment of the sums due in execution of the contract, eight days after the client’s default has been noted, and this regardless of the cause of it.
The CLIENT undertakes to inform “the Estate” of any transfer or contribution to a company of the assets of its operation or business, in order to allow the latter to assert its rights in the context of the distribution of the escrowed price.
8 - FORCE MAJEURE
In the event of difficulties in applying these terms and conditions, we encourage the customer to seek an amicable solution directly with us. If the solution provided does not satisfy the customer, they may resort to the consumer dispute mediation service: http://www.economie.gouv.fr/mediation-conso .
9 - RESPONSABILITY
By express agreement between the parties, no legal action or claim of any kind may be brought against “Le Domaine” more than six (6) months after the occurrence of the event giving rise to the claim.
“Le Domaine” shall only be liable in the event of proven fault and solely up to the price of the goods (the bottle(s)) deemed defective by both the customer and “Le Domaine,” excluding any indirect and/or intangible damages such as, in particular, any financial or commercial loss resulting from a decrease or loss of business or profits, etc.
10 - RESOLUTION AND TERMINATION
In the event of non-performance of its obligations by either party and after a formal notice has remained unsuccessful for 8 days, by registered letter with acknowledgment of receipt or by extrajudicial act, the defaulting party may have the other party declare the termination or cancellation of the contract automatically and without the need for a legal action.
11 - PROTECTION OF MINORS
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and agrees to be at least 18 years old on the date of the order.
12 - HEALTH WARNING
Excessive alcohol consumption is dangerous to your health. It should be consumed in moderation.
13 - LEGAL INFORMATION
In accordance with Article 27 of Law No. 78-17 of January 6, 1978, the personal data provided by the customer may be subject to the right of access and rectification with “Le Domaine”.
In order to meet customer needs and ensure optimal service, “Le Domaine” is required to record certain personal data (surname, first name, address). This information is intended exclusively for “Le Domaine”. Payments by credit card are secured by an online payment system using SSL encryption. Furthermore, all banking information provided during online purchases is neither stored nor visible on the Internet. “Le Domaine” guarantees the confidentiality of this data. See our privacy policy.
14 - PROTECTION OF FILES AND DATA
The personal information collected is used to better respond to requests and process orders. In accordance with French Law No. 78-17 of January 6, 1978, concerning Information Technology, Data Files and Civil Liberties, the customer has the right to access, rectify, and delete personal data concerning them that is processed under the responsibility of “Domaine”. The customer may exercise this right by contacting customer service by email or at the registered office address of “Domaine”. See our privacy policy.
15 - DISPUTES
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department). If no amicable agreement is reached or if the professional fails to respond within a reasonable period of one (1) month, the Client, as a consumer within the meaning of Article L.133-4 of the French Consumer Code, has the option of referring the matter, free of charge, to the competent mediator listed on the register of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
Link to the online dispute resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&Ing=FR