BETWEEN :
SCA-Cave de Pouilly-sur-Loire with registered office at 39 Av. de la Tuilerie 58150 Pouilly-sur-Loire,
AND
Persons wishing to make a purchase either by mail order or via the internet site cavespouillysurloire.com, hereinafter referred to as the Purchaser,
ON THE OTHER HAND.
Vendor designation
This website www.cavespouillysurLoire.com is published by the SCA-cave coopérative de Pouilly-sur -Loire, whose registered office is at 39 av. de la tuilerie 58 150 Pouilly-sur-Loire, hereinafter referred to as the Cave de Pouilly-sur-Loire.
Tel: 03 86 39 10 99
Email: info@cavespouillysurloire.com
Siret no.: 778 481 051 000 10
APE : 1102 B
Intracommunity VAT number: FR64 778 481 051
2.1. Purpose of the GCS
The General Terms and Conditions of Sale (hereinafter the “GTS”) apply exclusively to the online sale of Cave de Pouilly-sur-Loire products on the www.cavespouillysurloire.com website, which is freely accessible to all internet users.
2.2. Field of application of the CGV
The GCS govern exclusively the contracts for the online sale of products from the Caves de Pouilly-sur-Loire to purchasers having the status of consumers (hereafter referred to as consumers) and, together with the order form, constitute the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
The GCS apply exclusively to products delivered to consumers established in mainland France.
The GCS are written in French, as is all the contractual information mentioned on the site.
2.3. Availability and enforceability of the GCS
The GCS are available to consumers on the Caves de Pouilly-sur-Loire website via the hypertext link “conditions of sale”, where they can be consulted directly; they can also be sent to the consumer on request by telephone, e-mail or post.
The CGV are opposable to the consumer who recognizes, by notching a box envisaged for this purpose, to have been informed and to have accepted them before placing order.
The validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the Caves de Pouilly-sur-Loire in accordance with article 221-14 of the Consumer Code.
2.4. Modification of the GCS
La Cave de Pouilly-sur-Loire reserves the right to modify its GCS at any time.
In the event of modification of the GCS, these modifications are enforceable as of their posting online and can only be applied to contracts concluded subsequently. The applicable GCS are those in force on the date of the order.
2.5. Clauses in the GTCS
The nullity of a contractual clause does not entail the nullity of the GTCS, unless it is an impulsive and determining clause which led one of the parties to conclude the sales contract.
The temporary or permanent inapplication of one or more clauses of the GCS by the Cave de Pouilly-sur-Loire does not imply a renunciation on its part of the other clauses of the GCS which continue to produce their effects.
3. Protection of minors
The purchaser confirms that he/she is over 18 years of age on the date of the order, by validating his/her order.
4.1 Characteristics
The wines offered for sale on the site are each the subject of a description accessible on the site by clicking on each name. This description mentions the essential characteristics of the product within the meaning of article L. 111-1 of the French Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
4.2 Conformity
The products comply with the provisions of French law in force relating to personal health and safety, fair trading and consumer protection at the time they are placed on the market.
4.3 Duration of the offer
The online sales offers presented on the site are valid for as long as the products appear in the electronic catalogue and within the limit of available stocks, unless a specific duration is indicated.
5.1. Selling price
The sale price of the product is that in force on the day of the order, taking into account the VAT applicable on the day of the order.
In accordance with article L. 112-1 of the French Consumer Code, the sale prices are indicated, for each of the products listed in the electronic catalogue, in euros including all taxes, but excluding delivery or transport costs.
Delivery or transport costs will be indicated to consumers before the order is validated and will be invoiced in addition. Information on delivery costs is available in section 9.2 Delivery times and costs.
The total amount due by the consumer is indicated on the order confirmation page.
5.1.1. Modification of prices
The SCA-Caves de Pouilly-sur-Loire reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day and at the time of the order.
5.1.2. Promotional offers
In the event of a wine promotion, the Cave de Pouilly-sur-Loire undertakes to apply the promotional price to all orders relating to this wine and during the promotional period.
6.1. How to order?
6.1. On the website
To purchase one or more items, you must follow the order process below:
– Choose the items and add them to the basket.
– Validate the contents of the basket.
– Identification on the website and registration on the identification form on which he/she will give all the contact details requested.
– Choice of payment method and acceptance of the General Terms and Conditions.
– Confirmation of payment.
The customer will receive an order confirmation e-mail.
At any time during the ordering process, the customer may view the details of their order and its total price and correct any errors before confirming it to express their acceptance.
6.2. Order modification
Any modification of the order by the purchaser after confirmation of the order is subject to acceptance by the Cave de Pouilly-sur-Loire Cave, and will be inadmissible if the parcel is being sent.
The Cave de Pouilly-sur-Loire reserves the right to make modifications to the product ordered which are linked to technical developments under the conditions set out in article R. 212-4 of the Consumer Code.
6.3. Validation of the order
La Cave de Pouilly-sur-Loire reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are judged to be abnormally high for buyers who are consumers. In such a case, another procedure will be proposed to the buyer.
Once an order has been placed on the www.cavepouillysurLoire.com website, an order confirmation will be sent by e-mail. Validation of the order by our services automatically triggers its preparation.
6.4 Unavailability of the product
If the products ordered are unavailable for delivery, the Cave de Pouilly-sur-Loire will immediately inform the consumer and may offer a product of equivalent quality and price.
6.5. Archiving of data
Communications and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code.
These communications and invoices may be produced as proof of the contract.
Products ordered are payable in full when ordered and in Euros.
An invoice expressed in Euros including all taxes will be issued by the Cave de Pouilly-sur-Loire and sent to the customer at the invoicing address indicated.
In the event of non-payment or refusal of authorisation of payment by the accredited organisations, the sale will be cancelled.
7.1. Means and terms of payment
Payment is made when the order is placed.
7.1.1. On site
By credit card
7.2. Payment security
The transaction is carried out by Up2pay, a Crédit Agricole service. It offers high security standards: protection of sensitive card data and compliance with international security requirements.
8.1. Grounds for withdrawal
In accordance with Articles L.221-18 et seq. of the French Consumer Code, the purchaser has a right of withdrawal within fourteen (14) days from the date of receipt of the products, without having to give any reasons or pay any penalties, with the exception of the cost of returning the products.
8.2. Withdrawal procedure / Conditions of exchange and reimbursement
Items returned must be intact, unopened and in perfect condition. They must be returned in a condition that allows them to be marketed again.
The Customer must return the goods using the carrier of their choice at their own expense.
The customer must keep proof of delivery of the parcel to the service provider responsible for the return. In the absence of this proof, no exchange or refund will be made in the event of the parcel being lost.
9.1. Place of delivery
Delivery in mainland France (excluding Corsica) only.
9.2. Delivery times and costs
The delivery time may vary depending on the distance, from three (3) to thirty (30) days. This depends on the delivery service provider (Geodis). La Cave de Pouilly-sur-Loire can in no way be held responsible for delays.
La Cave de Pouilly-sur-Loire reserves ownership of the goods delivered until full payment of the invoice. Upon receipt, the customer has custody of and responsibility for the products which are the subject of the invoice.
Postage: 1 btl: €2.50 – minimum order of 6 bottles, then in multiples of 6. For quantities of 60 or more, please contact us.
9.3. Late deliveries
A delay, even a significant one, cannot constitute an acceptable cause, either for refusal of delivery or for an action for damages of any kind.
9.4. Delivery methods
Our shipments are handled by external service providers, in particular Geodis.
9.5. Delivery defects
Upon receipt, in the event of missing packages or if the appearance of the packaging does not appear to be in conformity, and a fortiori if one or more bottles are broken, the recipient must refuse the package concerned and request that it be returned to the sender.
Our guarantee is strictly limited to the replacement within a normal period of time or the reimbursement, at our discretion, of any parts found to be defective or not in conformity, after examination by us.
10.1. Collection and use of data
The collection of nominative data, its use for the processing of orders and the constitution of customer files and its distribution to third parties responsible for the execution and payment of orders is subject to the consent of the person concerned.
The processing of personal data, which is kept by the publisher for the sole purpose of the proper administration of orders and commercial relations, is subject to a declaration to the Commission Nationale Informatique et Libertés.
10.2. Right to access, modify or delete your data
Consumers have the right to access, modify, rectify and delete their personal data at any time.
11.1 failure to deliver
We cannot be held responsible for loss, damage, errors or defects in the delivery of a shipment if it is established that there are circumstances beyond our control. By “circumstances beyond our control” we mean in particular :
– Acts of God or force majeure, in particular: earthquakes, cyclones, storms, floods, wars, road, rail and air accidents, embargoes, etc.
– any defects or peculiarities related to the nature of the shipment, even if they were known to us at the time of acceptance,
– Any act, omission or negligence on the part of any third party, for example: the consignee, any interested third party, any employee of customs or any other administration, the postal services, any carrier or other third party to whom the consignment is entrusted by our transport service provider, to serve areas not directly served by itself, even if the sender has not requested or been informed of the use of a third party.
In the event of non-compliance with our commitments and whatever the cause, the Cave de Pouilly-sur-Loire will only be held liable for reimbursement of the delivery service subject to the reservations set out above (Late Delivery) and under no circumstances for any indirect damage that the customer may claim. These indirect damages and losses include any loss of income, profits, interest or markets and any loss linked to the impossibility of using all or part of the shipment.
11.2 Breakage during shipment
If a parcel arrives at the recipient’s home damaged (breakage of the bottle(s)), the recipient must refuse the parcel. The carrier will inform the Cave de Pouilly-sur-Loire. On receipt of this information, the Cave de Pouilly-sur-Loire undertakes to immediately reship an identical parcel to the recipient. Under no circumstances may the customer demand reimbursement of the product and the delivery charge.
11.3 Any other dispute
These general terms and conditions of sale are governed by French law. In the absence of an amicable solution, any dispute relating to the interpretation or performance of these terms and conditions shall be referred to the competent courts.
In the event of difficulties, we invite you to seek an amicable solution by first contacting our Customer Service department: infos@cavespouillysurloire.com .
All requests or complaints must be made to the SCA-Cave de Pouilly-sur-Loire – Variable capital – Siret 778 481 051 000 10 – Intracommunity VAT No.: FR 64 778 481 051 – APE Code: 1102 B
If you have any questions, please contact us between 8am and 12pm and between 1.30pm and 5.30pm on 03 86 39 10 99. Any submission or confirmation of an order implies unreserved acceptance of these general terms and conditions, which shall prevail in all cases over any provisions to the contrary issued by the purchaser. Any non-compatible stipulation appearing on the purchaser’s document is presumed to be revoked by the contract binding the purchaser to us.
12.1 Legal warranties
All products supplied by the professional seller benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the professional seller undertakes, at the consumer’s option, to reimburse the consumer or exchange any defective products or products that do not correspond to the consumer’s order.
Article L211-4 of the French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity at the time of delivery. He is also liable for any lack of conformity resulting from the packaging.
Article L211-5 of the French Consumer Code
To conform to the contract, the goods must :
1 – Be fit for the purpose normally expected of similar goods and, where applicable :
Correspond to the description given by the seller and possess the qualities presented by the seller.
Have the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling.
2 – Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 French Civil Code
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 paragraph 1 of the French Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
12.2. Law applicable to guarantees
The French law applicable to the contract by virtue of article 16 of the GTCS may not have the effect of depriving a consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of Directive no. 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.
The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law.
Any reproduction or dissemination of these elements without the prior written authorisation of the publisher will render the offender liable to prosecution.
