GENERAL CONDITIONS OF SALE
The online store www.lesgrandscrusblancs.com was created by the « AGRICULTURAL COOPERATIVE CAVE DES GRANDS CRUS BLANCS DE VINZELLES-LOCHE", an agricultural cooperative based at 2367 Route des Allemands VINZELLES (71680) , and registered in the MACON Trade and Companies Register under number 778 638 973. They are the operator of this site; it being specified that all the information contained on said site is written in French.
1. SCOPE
These general conditions of sale shall apply without restriction or reservation to all sales concluded by the AGRICULTURAL COOPERATIVE « CAVE DES GRANDS CRUS BLANCS DE VINZELLES-LOCHE" (hereinafter referred to as "The Seller" or the "CAVES DES GRANDS CRUS BLANCS DE VINZELLES-LOCHE") from consumers and non-professional buyers (hereinafter referred to as "the Customer" or "Customers"), wishing to acquire the Products offered for sale by the Seller on the website www.lesgrandscrusblancs.com
They set out, in particular, the conditions for ordering, payment, delivery and management of any returns of Products ordered by Customers. They shall apply to the exclusion of all other conditions and, in particular, those applicable for sales in stores or through other distribution and marketing channels.
They are accessible at any time on the site www.lesgrandscrusblancs.com and shall prevail, where applicable, over any other version or any other contradictory document.
These general conditions of sale may be subject to subsequent modifications. The version applicable to the customer's purchase shall be the one in force on the website on the date the order is placed. Modifications of these general conditions of sale are enforceable against the users of the site www.lesgrandscrusblancs.com from their posting and cannot be applied to previously concluded transactions.
2. PRODUCTS AVAILABLE FOR SALES
2.1 – The products
The products offered for sale on the website www.lesgrandscrusblancs.fr are white, red, rosé wines in bag in box and/or in bottles, as well as fruit cream liquors. Their main characteristics including their origins, characters, storage, temperature, packaging and awards are presented on the website.
The Customer is required to take note of this before any order is placed to know, in particular, the properties and the essential features, the choice of and purchase of a Product being their sole responsibility.
The photographs and graphics presented on the site are not contractual and cannot engage the liability of the Seller.
2.2 – Period of validity of the Product lines
Product lines are subject to the limit of available stocks, as specified when placing the order. The Customer will be informed of the unavailability of a Product when placing an order.
In the event that the Product ordered is no longer available after placing the order, the Seller shall contact the latter as soon as possible in order to proceed either with a refund of the Product in question, or if a return to stock is possible at a postponement of the delivery date after replenishment of the said Product or a substitution of the unavailable Product for an equivalent value. In the event of a refund request, the latter shall be made within fifteen days of placing the related order, on the credit card used when placing the order.
3. ORDERS
3.1 – Seller's contact details
The Seller's Contact Details are as follows
AGRICULTURAL COOPERATIVE "CAVE DES GRANDS CRUS BLANCS DE VINZELLES-LOCHE"
2367 Route des Allemands
71680 VINZELLES
E-mail: contact@lesgrandscrusblancs.com
Telephone: +33(0)3.85.35.61.10.
In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (the European Union Data Protection Regulations) which entered into force on 25 May 2018, the Customer has, at any time, a right of access, to rectification, opposition, erasure, and portability of all of his personal data by writing, by mail and by justifying their identity to the address of the aforementioned Seller.
3.2 – Placing an order
As the sale of alcohol to minors is prohibited under the provisions of Article L. 3342-1 of the French Public Health Code, the Customer acknowledges that they have the required capacity to order and acquire the Products available on the website www.lesgrandscrusblancs.com.
It is up to the Customer to select on the website www.lesgrandscrusblancs.com, the Products they wish to order according to the terms below and to create a customer account.
To create their "customer account", they must fill in the following information: name, first name, date of birth, full postal address, telephone number, e-mail address and a password. The Customer acknowledges that the combined entry of their username (email address) and password is proof of their identity and, thereby, binds them to any order placed through themselves. The Customer shall be responsible for maintaining their password.
The Customer's order shall take place in two stages. The Customer chooses and selects the Product(s) they wish to order by adding them to their online basket and by first consulting the Products list in question - checking that they are suitable for them. Once their purchase(s) have been made, the Customer must choose their delivery method, indicating the delivery and billing address.
The Customer confirms their order by clicking on the icon " Confirm your order and proceed to payment "And by checking the box entitled "I accept the general conditions of sale and I certify that I am over 18 years old ". Therefore, they duly acknowledge having full knowledge of them and expressly waive any other conditions. Confirmation of the order is therefore equivalent to the acceptance without restriction or reservation of these general conditions of sale.
A written order confirmation shall be sent to the Customer by email. Any order placed, confirmed by the Customer and duly confirmed by the Seller under the conditions and according to the methods described above on the website www.lesgrandscrusblancs.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer. The Customer will be able to follow the progress of their order on the website www.lesgrandscrusblancs.com.
3.3 – Modifying the order
Until confirming their order, the Customer has a mechanism at their disposal allowing him to modify or cancel their order, in whole or in part by using the "modify your basket " feature. Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
3.4 – Cancelling the order
Once confirmed and accepted by the Seller under the conditions described above, the order cannot be cancelled, except for the exercise of the right of withdrawal or force majeure..
4. PRICES
The Products are supplied at the current prices appearing on the site www.lesgrandscrusblancs.fr when recording the order by the Seller. These prices are fixed and not revisable during their period of validity, as indicated on the website www.lesgrandscrusblancs.fr, the Seller reserving the right outside this period of validity to modify the prices at any time.
The prices are listed in Euros inclusive of all taxes. They do not include shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the website and calculated prior to placing and confirming the order.
If the Customer requests a faster and more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of the Customer confirming the order shall be fully payable by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including any delivery costs.
An invoice is drawn up by the Seller and sent to the Customer upon delivery of the ordered Products.
5. CONDITIONS OF PAYMENT
The price shall be payable in full on the day the order is placed, by secure payment by bank card (Visa, MasterCard, American Express or other bank cards), or via the online payment system PayPal. No payment can be made at the time that the Products are delivered.
Payment by credit card is irrevocable except where the card has been used fraudulently. In this case the Customer may request cancellation of the payment and the refund of the corresponding sums.
6. DELIVERIES
6.1 – Delivery times
The Seller undertakes to deliver the Product(s) contained in the order within a maximum period of …15….days from confirmation of the order by the Seller.
In the event of failure to deliver on time for any reason other than force majeure or by the Customer's doing, the sale may be cancelled at the written request of the Customer by registered letter with acknowledgement of receipt or on another durable medium, if after having placed the order, under the same terms and conditions, to make delivery within a reasonable additional period, the Seller has not complied within this period.
The contract shall be considered to be terminated upon receipt by the Seller of the letter or writing informing them of said termination unless the latter has been carried out in the meantime. The sums paid by the Customer will then be returned to them within fourteen (14) days, at the latest, following the contract termination date.
6.2 – Delivery method
- Delivery by carrier
LProducts ordered by the Customer will be delivered exclusively in mainland France, within the shipping time indicated when the order is placed. For orders to Corsica, DOM-TOM (French Overseas Departments or Territories) or Foreign Countries, please contact us.
They shall be delivered to the address indicated by the Customer when ordering on the www.lesgrandscrusblancs.com website. The Customer is required to carry out all due diligence necessary for the successful completion of the delivery. As such, they are required to provide all the information essential for delivery (exact address, door code, etc.). Otherwise, the Seller cannot be held responsible for a failure to deliver.
Except in special cases, or the unavailability of one or more Products, the Products ordered shall be delivered in one go.
The Customer must ensure the conformity of their order upon receipt of the Products. The Customer must sign the delivery slip presented by the deliverer, which serves as proof that the delivery has been made. Upon receipt of the package, the Customer must check the contents in front of the carrier.
In the event of an anomaly (in particular damaged packaging or missing, damaged or broken products), the Customer must describe precisely on the delivery slip the state of the parcel justifying their refusal and shall have a period of three (3) calendar days to report it to the Seller and/or the carrier by any means. After this period and in the event of non-compliance with the procedure described above, no complaint can be taken into account.
- Store delivery - Click & Collect
The Customer can choose to collect their Products from the store, if they are indicated on the www.lesgrandscrusblancs.com site as available for "Click & Collect" delivery. At the delivery stage, the Customer chooses the "Click & Collect" delivery method during the store's opening hours.
The Customer presents themselves at the store at 2367 Route des Allemands in VINZELLES (71680) for a maximum period of one hour from placing the order. If the Customer has not collected their order in store, the Products will be put back on the shelves and the order will be automatically cancelled. No amount will be debited from the Customer's bank account.
The order and the Customer's invoice will be delivered against the signature of a withdrawal slip and on presentation of proof of the order. The signature of the withdrawal slip by the Customer duly certifies possession of the Products.
7. TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
In the event of delivery by carrier, the transfer of ownership of the Products from the Seller to the Customer shall only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products. However, the risks of the delivered Products are transferred to the Customer from the receipt of the order by the Customer.
In the event of a "Click & Collect" delivery, the Products shall remain the property of the Seller until the order is withdrawn from the store and the order is confirmed by signing of the withdrawal slip. As from the withdrawal of the order by the Customer, the risks of the Products taken away are duly transferred to the Customer.
8. RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer shall have a period of fourteen (14) days from the day of receipt of the Products or withdrawal from the store to exercise their right of withdrawal, without having to justify any reasons or to pay penalties, at the end of an exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within a maximum of fourteen (14) days following communication of the withdrawal decision from the Customer to the Seller.
The Customer shall inform the Seller of their retraction decision by sending them, before the expiry of the aforementioned period, the withdrawal form (which you can download by clicking here) or any other declaration expressing unambiguously their desire to withdraw.
The costs associated with the return of the Product(s) shall be the sole responsibility of the Customer.
When the right of retraction is exercised within the aforementioned period and subject to the correct return of the Product, the Seller shall reimburse the Customer for all sums paid including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which the Seller is informed of the Customer's decision to retract.
The Seller reserves the right to defer refund until recovery of the Products or until the Customer has provided proof of shipment of said Products, the date chosen being that of the first of these.
The Seller is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller at the time of delivery.
The refund shall be made using the same means of payment as that used by the Customer for the initial transaction, except with the express agreement of the latter for the Seller to use another means of payment and insofar as the refund does not entail costs for the Customer.
However, and in accordance with the provisions of the French Consumer Code, the right of retraction cannot be exercised for contracts for the supply of goods made to the Customer's specifications or clearly personalised.
9. COMPLIANCE - GUARANTEE - LIABILITY
9.1 - Upon receipt of their order, the Customer is required to carefully check the condition of the delivered Products. They shall have a period of five (5) days from delivery to formulate to the Seller by post or electronic mail any reservations or complaint for non-conformity or defect of the Products delivered with all the supporting documents relating thereto and in particular the photographs of the Products.
After this period and failing to comply with these formalities, the Products shall be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller shall reimburse or replace as soon as possible, and at their expense, the Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer.
9.2 - The Products supplied by the Seller benefit as of right and without additional payment, regardless of the right of withdrawal, in accordance with legal provisions,
- the legal guarantee of conformity for products that are apparently defective, damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the means referred to in the box below and defined in Appendix 2 to these General Conditions of Sale (Guarantee of Conformity/Guarantee against Hidden Defects).
It is reiterated that within the framework of the legal guarantee of conformity, the Customer
- has a period of two years from the delivery of the goods to act against the Seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the Product's delivery.
The legal guarantee of conformity shall apply independently of the commercial guarantee that may potentially cover the Product.
The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the French Civil Code. In this instance, they can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the French Civil Code.
In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of three calendar days from the delivery of the Products or of the discovery of latent defects within the deadlines set out above, and return or bring back to the store the defective Products in the condition in which they were received along with all the elements (accessories, packaging, instructions, etc.).
The Seller shall reimburse, replace, or have repaired, the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs shall be reimbursed on the basis of the invoiced price and return costs shall be reimbursed on presentation of the supporting documents.
Refunds for Products deemed to be non-compliant or defective shall be made as soon as possible - at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect.
Reimbursement shall be made by credit to the Customer's bank account or by a cheque issued to the Customer.
9.3 – The sold Products are deemed to be of fair and marketable quality. It shall be taken into account that wine is an organically living product which evolves over time, specifically in terms of colour and aromas. Therefore, the Seller cannot guarantee the fixity of such characteristics.
Any liability of the Seller is excluded and cannot be engaged, specifically, in the following cases:
- when the wine has become unfit for consumption, in particular if the Customer has not complied with the practices carried out and recommended by wine professionals, specifically in terms of storage and consumption conditions.
- in the event of poor storage conditions, inappropriate or excessive consumption such as in the event of force majeure.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
10. DATA PROTECTION
In accordance with the applicable Data Protection regulations, it is recalled that the personal data requested from the Customer are necessary for specifically processing of their order and the drawing up of invoices.
This data may be sent to any partners of the Seller responsible for the execution, processing, management and payment of orders.
Processing of information sent through the website www.lesgrandscrusblancs.com meets the legal requirements for the protection of personal data, the information system used - ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning them.
This right can be exercised under the conditions and according to the methods set out on the www.lesgrandscrusblancs.com website.
11. INTELLECTUAL PROPERTY
The content of the www.lesgrandscrusblancs.fr website shall be the property of the Seller and its partners and is protected by French and international Intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute counterfeiting.
12. FORCE MAJEURE
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code.
13. APPLICABLE LAW - LANGUAGE
These General Conditions of Sale and the operations resulting from them are duly governed by French law. They are written in French. In the event that they are translated into one or more languages, in the event of a dispute only the French text shall prevail.
14. DISPUTES
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences, and aftermath, which could not have been resolved between the Seller and the Customer shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may, in any event, have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, the references for which appear on the website www.lesgrandscrusblancs.fr or via any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
15. PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
The fact for a natural (or legal) person to order on the site www.lesgrandscrusblancs.fr entails full adherence and acceptance of these General Conditions of Sale and an obligation to pay for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, relying on any contradictory document, which would be unenforceable against the Seller.