GENERAL TERMS AND CONDITIONS OF SALES (GTC) OF THE WEBSITE
CONSUMERS and NON-PROFESSIONALS
These General Terms and Conditions of Sales (GTC) govern the relationship between the Seller (M.CHAPOUTIER SA) with a capital of € 5,498,500, registered at the RCS of Romans under the number 435 580 477 which head office is 18 Avenue Dr. Paul Durand to 26,600 TAIN-L'HERMITAGE and the Client (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.chapoutier.com.
The website has been published by M. CHAPOUTIER SA. This is an e-commerce space that offers a remote product ordering service. It may be products of the Maison M. CHAPOUTIER itself (S. A M. CHAPOUTIER) or products of companies or related companies or partners sold by the Maison M. CHAPOUTIER. Access to the e-commerce area of the www.chapoutier.com website implies unreserved acceptance of these Terms and Conditions.
The contract resulting from the actual ordering of the Customer is subject to the regulations of Distance Selling, as resulting from the laws and regulations in force in France, and in particular the Consumer Code in force since July 1, 2016, and provisions set out below. By placing an order on the Site, the Customer certifies that he/she is a major physical person or a legal person acting for his/her personal and non-professional needs and thus certifies not to act for purposes falling within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. The Customer accepts the General Conditions of Sale of the Site and the author of the offer. He/she certifies that he/she has the ability to contract and acknowledges having first read and accepts without restriction the conditions of sale applicable to his/her purchase (order and delivery) at the time of placing the order.
These General Conditions of Sale on the internet shall prevail over all other general or special conditions of the Seller or purchase conditions not expressly accepted by the Seller. The Special Conditions of Sale are those stated on the screen (prices, terms and conditions included in the product sheets, order forms, etc ...). The Customer is invited to read carefully the general and special conditions of sale in force prior to any order.
PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER, THE "GTC")
1.1. Purpose of the Terms
These Terms and Conditions aim to define the contractual relations 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 Terms and Conditions govern and are exclusively applicable to the online sale to consumers and non-professionals of the Seller's products on the website www.chapoutier.com (hereinafter referred to as "the site"), whose access is open and free to any user, except restrictions mentioned in Article 3 of the GTC.
1.2. Field of application of the GTC
These Terms and Conditions exclusively govern the online sales contracts of the Seller's products to purchasers who are consumers or non-professionals (hereinafter, the customer (s)) and constitute, with the order form, the contractual documents and obligations opposable to the parties. These General Terms and Conditions of Sales do not apply to professionals defined as any natural or legal person, public or private, acting for purposes falling within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
The General Terms and Conditions are exclusively applicable to products delivered to customers in mainland France and in the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Swiss. The Terms and Conditions, as well as all the information mentioned on the website, are written in French, but with translation in all cases in the English language, and where applicable in the language of the Customer's country.
1.3. Availability and conservation of the GTC
Before the validation of the order and its payment, the Customer checks a box provided for this purpose by which he/she declares to have read and accepted the General Terms and Conditions. Beside the checkbox is a link allowing the customer to download the General Terms and Conditions (and the withdrawal form) in PDF format and print them. The custody and the reproduction of the General Terms and Conditions are insured by the Seller in accordance with article 1369-4 of the Civil Code, and those contractual stipulations will be ensured in accordance with article 1127-1 of the Civil Code as in force since October 1st, 2016.
1.4. Modification of the GTC
The General Terms and Conditions apply to orders made during the entire period of their upload. The applicable General Terms and Conditions opposable to the Customer are those in force at the date of the order. The Seller reserves the right to modify the Terms and Conditions at any time without notice. However, such modifications may not in any case apply to contracts concluded previously to such modifications. The General Terms and Conditions will be communicated again to the Customer by transmission in PDF format via an order confirmation email.
2. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS
The Customer undertakes, by entering his/her year of birth on the home screen of the site, to have, in France, 18 years old at the date of the order. If the Customer is domiciled in another country, he/she undertakes to respect the laws and regulations of that country as to his/her legal minority and to be of the minimum age required to purchase alcoholic beverages.
Alcohol abuse can cause serious and permanent damage to the Customer’s health.
3.1. Product Pages
Each product offered on the Site is the subject of a sheet accessible by clicking on the designation or photograph of the product concerned. This sheet presents the essential characteristics of the product selected in accordance with Article L.111-1 of the French 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 therefore cannot replace the information on the packaging of the product delivered and to which the customer is invited to refer to.
3.2 Photographs and Illustrations
The Customer is informed, subject to his rights, that there can be a difference in presentation on delivery resulting from a modification of labelling, wrapping, packaging (photographs and illustrations) by the producer or supplier. This difference will not affect the contents and characteristics of the product in any way.
3.3. Promotional benefits
The Customer is informed that the Service does not allow promotional benefits such as coupons of any kind to be valid on the purchase of a product or for a minimum purchase amount, except for those expressly formulated for the Site and materialized for example by the attribution of a code.
4.1. Selling price
The selling price of the product is the one into 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 product listed in the electronic catalogue, in euros including VAT, but, in accordance with Article L.112-3 of the Consumer Code, excluding preparation, transport and delivery costs, postage or any other charges, shown 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 it places an order.
In case of promotion offered on the site, the Seller agrees 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 has validated when proceeding to payment is the final price - all taxes included and including the amount of delivery charges - and maximum that may be debited. This price may nevertheless vary in the event of unavailability of one or more ordered products or in case of substitution of one or more products ordered if the Customer has accepted.
The Seller reserves the right to modify its prices at any time, without notice, while guaranteeing the Customer the application of the current price indicated on the Site on the day of the order.
5. DURATION OF THE OFFER
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalogue. Orders responding to these offers can only be satisfied within the limits of available stocks for limited quantities depending on products, formats and vintages, the Seller will be required to inform the Customer without delay in the event of out of stock preventing him from either to execute the order within 15 days of the conclusion of the contract, or to permanently prevent it.
In this case, and unless it is agreed between the parties of another delivery period or that of another product of a quality and an equivalent price which availability is ensured, the Customer, without prejudice to his/her ability to resolve and terminate the contract under the conditions of Article 216-2 of the Consumer Code, will be refunded, at the latest within fourteen days of their payment, the total amount already paid.
6.1. STAGES OF CONCLUSION OF THE CONTRACT
To place an order, you first accumulate an online shopping basket by choosing the selected products and the desired quantities, and afterwards clicking on the “Place Order” button and then entering information about delivery and the means of payment.
You acknowledge a payment obligation by clicking on the “Payment Approving Order” button, in compliance with the terms of Art. L. 221-14 of French consumer protection legislation (the Code de Commerce).
Before clicking on this button, you can verify the details of your Order and its total price, download the GSCs and the cancellation form, and return to previously-visited pages to correct possible errors or modify the order if desired.
After confirming the content of your order, you finally approve it by making payment. The order will only be firm after paying the corresponding price.
To comply with the terms of Art. 1127-2 of French civil law (the Code Civil), an email acknowledging the Order and its payment will be sent by the Seller without unjustifiable delay.
After conclusion of the contract, and by not later than the moment of delivery, in compliance with Art. L. 221-13 of French consumer protection legislation, the Customer will receive – in durable form – an order confirmation email itemizing the products ordered, the price including VAT, and the delivery charges, with a copy of the GSCs and the cancellation form.
MODIFICATION OF THE ORDER
Any modification to the Order by the Customer after confirming the Order is subject to acceptance by the Seller.
ARCHIVING AND PROOF
Messages, Order forms and invoices will be archived on a reliable and durable medium, to constitute a faithful and durable copy in compliance with Article 1348 of French civil law (the Code Civil), the which copy will be compliant with Article 1379 of French civil law.
These messages, Order forms and invoices can be produced as proof of the contract and its conditions.
UNAVAILIBILITY OF ORDERED GOODS
As stated in Art. 6, if products ordered are not available for delivery, the Seller will immediately inform the Consumer, and may propose another product of equivalent quality and price.
If the Consumer does not agree, he/she/it is reimbursed amounts paid within fourteen days after making payment.
MOMENT OF PAYMENT
Products ordered are payable in full at the time of ordering, in euros.
An invoice established in euros including VAT will be issued by the Seller and sent to the Customer at the specified billing address.
In the event of non-payment or rejection of payment authorization by an accredited organization, the Order will be rejected.
TERMS OF PAYMENT
Payment is made immediately during ordering, by payment card, or by bank check sent to the Seller's registered offices address, such as stated in Article 1.1, or by money order or transfer.
SECURING OF PAYMENT
Payment cards are processed via the MERCANET secure platform operated by BNP PARIBAS, which is integrated into the chapoutier.com Site. MERCANET secures transactions using 3D SECURE (VISA SECURE).
8.1. Right to retract
In accordance with the provisions 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 a period of fourteen days from receipt of the goods. To exercise the right of withdrawal, the Customer must notify to the email address (firstname.lastname@example.org) or physical Seller, as mentioned in Article 1.1, its decision to withdraw from this contract by means of a declaration written without ambiguity. The Customer may use the standard withdrawal form provided by the Seller.
The Customer has no right of withdrawal for the bottle (s) he / she 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 (see article 11).
8.2. Effects of the retraction
The effects of the retraction are governed by Articles L. 221-23 and L. 221-24 of the Consumer Code. In the event of withdrawal of the Customer from the concluded contract, the Seller will refund all payments received from the Customer, including the delivery charges (with the exception of additional costs resulting from the fact that the Customer has chosen, if necessary, a delivery other than the less expensive mode of standard delivery proposed by the Seller) without undue delay and, in any event, no later than fourteen days from the day the Seller is informed of the Customer's withdrawal decision, unless that the Seller does not propose to recover these goods himself.
Seller will refund using the same means of payment used by the Customer for the original transaction unless expressly agreed otherwise; in any case, this reimbursement will not incur any costs for him. The Seller may defer the refund until he has received the goods or until the Customer has provided proof of shipment of the goods, the date chosen being the date 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 to his address, without undue delay and, in any event, no later than fourteen days after he has communicated to him the decision to withdraw from the contract of sale. This period is deemed to be respected if the Customer returns the product before the expiry of the fourteen-day period. The Customer's liability may be incurred in case of depreciation of property resulting from manipulations other than those necessary to establish the nature and characteristics of these goods.
9.1. Place of delivery
The products are delivered to the address indicated by the Customer on the order form. For technical and logistical reasons, the Customer may only be delivered in Mainland France, Corsica, and in the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Switzerland.
9.2. Delivery time
The Seller agrees to deliver the products within 15 days (unless the parties have agreed otherwise) after receipt of order, and payment of the corresponding price. For orders paid by check, the receipt of payment means the cashing of the check.
9.3. Delay or failure to deliver
In case of failure of the Seller to its obligation to deliver the products or 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 any claim for compensation for any loss suffered.
9.4. Terms of delivery
If the Customer notes on delivery that an item is missing or that the products have suffered damage, he/she 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 a period of 3 days, excluding holidays, which follow the 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 French 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 rely on the non-compliance of the products, the Seller bearing the burden of transport risks. On the other hand, failure to comply with these formalities obliges the Customer to indemnify the Seller for any loss that may be suffered as a result of the latter's loss of recourse against the carrier.
10. LEGAL GUARANTEE OF COMPLIANCE
All products supplied by the Professional Seller benefit from the legal guarantee of conformity provided for in All commodities supplied by the professional Seller are covered by the legal compliance guarantee provided by Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of French consumer protection legislation (the Code de la Consommation), and the legal guarantee against concealed defects provided by Articles 1641 and subsequent of French civil law (the Code Civil).
With regard to the legal compliance guarantee, the Consumer:
is dispensed of any obligation to provide proof of the existence of the non-compliance of the goods within twenty-four months following delivery of the said good. Non-compliances identified within that time will be presumed to have existed at the time of delivery, unless there is proof to the contrary, as per Art. L. 217-7 of French consumer protection legislation (Code de la Consommation).
has a period of two years to take action as from delivery of the goods;
can choose repair or replacement of the goods, with proviso for certain cost conditions stated by Articles L. 217-9 and subsequent of French consumer protection legislation.
The legal compliance guarantee is applicable independently of any commercial guarantee granted.
The Customer is within his/her/its rights to lay claim to the guarantee against concealed defects in goods under the terms of Article 1641 of French civil law (the Code Civil). In this case, the Customer can choose between cancellation of the sale or a reduction in sales price, as per the terms of Article 1644 of French civil law (the Code Civil).
11. INTELLECTUAL PROPERTY
Content existing on the Site, whether visual or audio, are the exclusive property of the publisher or selling companies, and are protected by author's rights, brand rights and patent rights.
Any reproduction or dissemination of the said content without prior written permission from the publisher and the company holding the rights will lay the infringing parties open to legal action.
12. PROTECTION OF PERSONAL DATA (GDPR)
Some personal data is collected from the Customer in order to respond to his/her requests. If the Customer chooses not to communicate them, the request cannot be processed. This data is the subject of a computer processing necessary for the processing of the order and the management of relations with the Customer. The information relating to all orders is stored and archived for the duration of the contractual relations under enhanced security conditions and can serve as evidence in case of dispute. The collected data relating to the delivery of the goods purchased 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 such personal data in marketing operations relating to similar products.
Personal data may also be communicated to the partner or apparent partners of the Seller but the Customer may expressly oppose this communication for marketing purposes, as soon as they are collected or later by writing to the Seller by email or at the address of the Seller’s head office. The Customer may exercise his right of access, rectification or deletion of personal data and object to this data being used for prospecting purposes including commercial purposes under the conditions provided by the amended law 78-17 of January 6, 1978 and EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. He/she makes the request by email to the address email@example.com or by mail to the address of the Seller's registered head office.
13. SETTLEMENT OF DISPUTES
Before any problem or complaint evolves into a dispute, the Customer is invited to contact us, either by email via the “Contact” page, or by email or postal mail to the Sales Administration Department,
M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; firstname.lastname@example.org
Any differences that persist despite this prior reconciliation attempt, concerning the validity, the interpretation, the fulfillment or non-fulfillment, or the freezing or termination of the contract, can be put to the consumer affairs mediation process.
Under the terms of Art. L. 612-1 of French consumer protection legislation, every consumer has the right to free-of-charge recourse (except any costs of having oneself represented by a lawyer) to a consumer affairs arbitrator in view of arriving at an out-of-court settlement of the dispute with a professional service provider, within one year following the filing of a written complaint with the Seller's organization.
Consumers can usefully consult the following sites about this subject:
concerning the consumer affairs mediation process in France: www.mediation-conso.fr
concerning disputes with parties in other countries: European Consumer Centre France: www.europe-consommateurs.eu
In compliance with Article L. 616-2 of French consumer protection legislation (the Code de la Consommation), the Customer is hereby informed that there is an online resource maintained by the European Commission for registering complaints about online purchases by European consumers, for their subsequent hearing by national arbitrators with due jurisdiction; this European platform for extrajudicial settlement of online commerce disputes is available at: http://ec.europa.eu/consumers/odr/.
In the case of French Customers, in the interim until the appointment of a consumer affairs arbitrator for its particular field of business, the Seller proposes referral to the Centre for Mediation and Arbitration of Paris (CMAP, Consumer Affairs Mediation Service, 39 Avenue Franklin D. Roosevelt, 75008 PARIS; website: www.cmap.fr).
Barring special exceptions, a dispute may only be heard by one single arbitrator. The settlement proposed by the arbitrator is not obligatorily binding on the Parties to the contract.
In the event of a dispute concerning the contract, a Consumer always has the possibility of filing a conventional arbitration case or of recourse to any alternative dispute settlement process.
14. APPLICABLE LAW
E-commerce is subject to the legislation of the member State in which the person involved in the transaction is resident, when such is the common intention of the parties, notably the person being the recipient of the goods.
Any physical person or moral entity conducting e-commerce is duly liable to the buyer for the proper fulfilment of its obligations resulting from the contract, whether these obligations are to be fulfilled by itself or by other service providers, without prejudice to its right of recourse against these parties.
The sales contract and these GSCs are subject to French law. However, Customers resident in another member State than France are not deprived of the protection granted by the obligatory provisions of legislation in their country of residence.
In the event that an out-of-court settlement cannot be achieved, disputes concerning orders placed on the Site will be under the sole jurisdiction of French courts, even in cases of multiple defendants and invocation of guarantee coverage.
15. APPENDIX: CANCELATION FORM TEMPLATE
(Please complete and return the form together with your order number ONLY if you want to cancel your contract. We recommend you to also specify your order number.)
For the attention of:
M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; email@example.com
I hereby inform you of my cancellation of the contract covering the sale of the goods below:
Ordered on [………………………………],
Received on […………………………………]
Order number: [………………………………………………………]
Customer(s) name(s): [………………………………………………………………]
Date : [……………………………………]
(Only in case of notification via a paper-based printout of this form.)