M.CHAPOUTIER GENERAL TERMS & CONDITIONS relating to DISTANCE or OFF-ESTABLISHMENT SALES FOR CONSUMERS and NON-PROFESSIONALS
These general terms and conditions of sale (GTC) govern the contractual relationship between the "Customer" (consumer or "non-professional") and the "Seller" SA M.CHAPOUTIER, a company with a capital of 5,498,500 euros, registered with the RCS of ROMANS under the number 435 580 477, which registered office is at 18, avenue du Docteur Paul Durand at 26600 - TAIN L'HERMITAGE (Tel .: +33 (0) 4 75 08 92 61; Fax: +33 (0) 4 75 08 96 36; E-mail: firstname.lastname@example.org.).
1. PURPOSE AND SCOPE OF THE GTC
These GTC apply to any natural person, acting for purposes outside the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity, or any legal person not acting for professional purposes.
They do not apply to professionals defined as any natural or legal person, public or private, which acts for purposes falling within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf of another professional.
Any order placed by the Customer in this context must be carried out for his/her strictly personal and non-professional needs.
These GTC apply to the Customer established in one of the delivery areas served by the seller, that is to say : France.
They define the contractual relations between the Seller and the Customer, and the general conditions applicable to any purchase of products and related services (order preparation, delivery, etc.) sold remotely (e-mail, fax, mail or telephone) or off-establishment, excluding purchases on the website www.chapoutier.com governed by specific GTC available on this site.
The contract resulting from the Customer's order falls under the regulation of Distance and Off-Establishment Selling resulting from the provisions in force in France, in particular those of the Consumer Code, as well as those set out below.
2. ACCEPTANCE OF TERMS OF SALE
For distance (off-website) or off-establishment orders, the Customer receives in advance, in a readable and understandable manner, on paper-based support or by e-mail, the pre-contractual information, the GTC and the withdrawal form.
In the case of off-establishment sales, this information can be given through a durable medium other than paper only if the Customer agrees to it.
Before placing an order, the Customer is invited to read carefully the general and special conditions of sale in force.
By placing an order, by signing the order form, dematerialized or not, that they refer back to the Seller’s distance selling service, the Customer:
• attests to being a natural person acting for their personal needs, or a legal person not acting for professional purposes or outside the scope of their professional activity;
• certifies having the ability to contract;
• acknowledges having first read the terms and conditions of sale applicable to the purchase (order and delivery) before placing the order;
• declares to accept without restrictions the GTC.
These conditions will include, in order of priority:
- these General Conditions of Sale (GTC), which will prevail over all other general or special conditions not expressly accepted by the Seller;
- the Special Conditions of Sale, that is those set out and / or agreed on any support separate from the GTC, including the prices, terms and conditions of sale or payment appearing in particular in the product sheets, purchase orders, acknowledgments of receipt of order, etc ...
These conditions constitute, with the purchase order accepted by the Seller, the contractual documents opposable to the parties.
3. AVAILABILITY, CONSERVATION, MODIFICATION OF TERMS
The GTC are delivered or sent to the Customer in paper or electronic format (in PDF format), allowing him/her to read, print and store them. They will be communicated to the Customer again by transmission, in the same media and formats, in the order confirmation.
The applicable GTC and enforceable against the Customer are those in force on the date of the order. The Seller reserves the right to modify its GTC at any time, but such modifications will not in any case apply to contracts concluded previously.
4. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES
The Customer certifies, indicating his/her date of birth when ordering, to have, in France, 18 years old at that date. If the Customer lives in another country, he/she undertakes to respect the laws and regulations of that country as to his legal minority and to be of the minimum age required to purchase alcoholic beverages. The Seller reminds the Customer that the abuse of alcohol is dangerous for one’s health.
The products offered for sale are each the subject of a description, presenting the essential characteristics of the product in accordance with art. L.111-1 of the Consumer Code (description also present on the www.chapoutier.com site by clicking on each product, which is the subject of a sheet accessible by such a click on its designation or photograph).
There may be a difference in presentation on delivery resulting from a change of labeling, packaging (photographs and illustrations) by the producer or the supplier, this difference in no way affecting the content and characteristics of the product.
The selling price of the product is the one in force at the date of the order, taking into account the VTA applicable at that date. It is mentioned for each product in euros including tax, but excluding costs of preparation, transport, delivery, postage or any other costs, indicated separately.
Additional shipping and delivery charges are indicated to the Customer in a summary showing the total amount owed before he or she definitively places the order and appear on the order form that he / she sends signed.
In case of promotion offered, the Seller agrees to apply the promotional price to any order placed during the promotion period.
The price in effect on the day of the order, indicated on the voucher, is the only applicable one, and guaranteed, to the Customer, in spite of the modification of the prices of the products to which the Seller reserves to proceed at any time later.
7.1. Steps to conclude the contract
To place an order, the Customer:
- either returns the purchase order completed and signed to the Department of Distance Sales (DDS) attached to an offer he/she has received already including the GTC ;
- either contact the DDS service by phone, mail, post or fax: in the latter case, he receives the DDS service, at the postal address or e-mail address indicated, the written confirmation information if they have already been communicated by telephone, and in any case, in the mail or the e-mail addressed to the Customer, the order form containing the details of the order, with the present GTC. It then returns by any means this completed and signed order form to the DDS service.
After conclusion of the contract and at the latest at the time of delivery, in accordance with the provisions of art. L.221-13 Consumer Code, the Customer will receive, in a durable medium, a letter or e-mail confirming the contract including all the necessary information (or a dated copy of the contract concluded off premises), detailing the products ordered, the price including VTA and delivery charges, as well as the GTC, accompanied by the standard withdrawal form unless the Seller has already provided, in a durable medium, before the conclusion of the contract.
This price may nevertheless vary in the event of unavailability of one or more ordered products and in case of substitution of one or more ordered products if the Customer has accepted it under the conditions of § 6.3.
7.2. Order modification
Any modification of order by the Customer after confirmation of said order is subject to the acceptance of the Seller.
7.3. Unavailability of ordered products
Orders can only be fulfilled within the limits of the stocks available for limited quantities produced according to products, formats and vintages, the Seller will be required to inform the Customer without delay in the event of a stock shortage preventing him from either executing the order within 15 days of the conclusion of the contract, to prevent it permanently.
In this case, the Seller may offer the Customer a product of equivalent quality and price. If the Parties don’t agree on another delivery time, or on the delivery on another available product of equivalent quality and price, the Customer, without prejudice to his/her ability to resolve and terminate the contract under the conditions of Article L.216-2 of the Consumer Code, will be refunded, at the latest within 14 days of their payment and under the conditions of Article L.216-3 , of all the sums already paid.
7.4. Archiving and proof
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 meeting the conditions of the art. 1379 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract and its terms.
For distance contracts:
The products ordered are payable in full on order and in euros. Payment is made immediately to the order by credit card, or by check sent with the order form to the address of the registered office of the Seller, or by money wire transfer.
For contracts concluded off establishment (Article L.221-1 C. Cons):
In accordance with art. L.221-10 of the Consumer Code, the Seller cannot receive any payment or any consideration from the Customer before the expiry of a period of 7 days from the conclusion of the off-establishment contract.
In all cases:
An invoice in Euros will be issued by the Seller and sent to the Customer at the billing address indicated on the order form.
In the event of partial payment (unless otherwise agreed upon), non-payment or refusal of authorization of payment or rejection by accredited organizations, the order will be refused or the goods will not be delivered, the ownership of the goods remaining in all cases to the Seller until full and effective payment of the price.
If special conditions have been granted exempting the Customer from a total payment of the price at the time of the order, non-compliance with the obligation to pay at or agreed upon (s) may result in the full resolution of the contract by the Seller, this fifteen days after formal notice to the Customer to have to pay, remained ineffective.
9.1. Right to retract
According to art. L. 221-18 et seq. of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller, without giving reasons, within 14 days of receipt of the goods.
For contracts concluded off-establishment within the meaning of art. L.221-1 of this Code, it may do so within 14 days of the conclusion of the contract.
In the case of an order for several products delivered separately, the period runs from the receipt of the last.
To exercise his/her right of withdrawal, the Customer must notify, at the Seller's postal or e-mail address (email@example.com), or fax (+33 (0) 4 75 089 636), his / her decision to withdraw from the contract at by means of an unambiguous written declaration. The Customer may use the standard form of withdrawal form provided by the Seller, but this is not mandatory.
For compliance with the withdrawal period, it is sufficient that the Customer transmits the communication relating to the exercise of this right before the expiry of the deadline, ie no later than 14 days after the day on which the customer or a third party, other than the carrier and designated by the customer, physically takes possession of the goods.
However, the Customer has no right of withdrawal for the bottle (s) that have been unsealed after delivery, for reasons of hygiene and health protection, in accordance with art. L.221-28, 5 °, of the Consumer Code, without deprivation of the legal guarantee of conformity.
9.2. Effects of the retraction (L.221-23 / L.221-24 of the Consumer Code)
The Customer must return the product (s) to the Seller or his/her representative, bearing the direct costs of return, or return it to the Seller’s address, without undue delay and, in any event, the later than 14 days after he/she has communicated to the Seller his/her decision to withdraw from the contract of sale, unless the Seller proposes to recover the goods.
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.
In the event of withdrawal by the Customer, the Seller will refund all payments received from the Customer, including delivery charges (except for additional charges arising from the fact that the Customer has chosen, if applicable, a delivery method other than the less expensive mode of standard delivery proposed by the Seller) without undue delay and at the latest 14 days from the day it is informed of the Customer's withdrawal decision.
Unless the Seller proposes to recover the goods, he/she may defer the refund until the goods have been returned or until the Customer has provided it with proof of reshipment, the date chosen being that of the first of these facts.
The 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 the Customer.
10.1 Places of delivery
The products are delivered to the address indicated by the Customer on the order form. For logistical reasons, the Customer may only be delivered in France, in Corsica.
10.2 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 actual cashing in of the check.
10.3 Delay or failure to deliver
In case of failure of the Seller to its obligation to deliver the products at the expiration of the time provided, the Customer may resolve the contract, by registered letter with acknowledgment of receipt or by a writing on other durable medium, if, after commanding, under the same terms, the Seller to make the delivery within a reasonable additional time, the latter did not execute itself within this time.
The contract is considered resolved upon receipt by the Seller of the letter or writing informing it of this resolution, unless the Seller has been executed in the meantime.
The Customer may immediately terminate the agreement when the Seller refuses to deliver the goods or fails to fulfill its obligation to deliver the goods on the date or at the end of the period provided for that date is an essential condition of the contract, a condition resulting from the circumstances surrounding the conclusion of the contract or an express request from the Customer prior to the conclusion of the contract.
The Customer can thus resolve the contract under the conditions of art. L.216-2 and L.216-3 of the Consumer Code, the Seller reimbursing him/her for the totality of the sums paid at the latest within 14 days after termination of the contract.
10.4 Terms of delivery
If the Customer notices on delivery that an item is missing or that the products have suffered damage, he/she must indicate it in writing on the delivery note.
To respect the provisions of art. L.133-3 of the Commercial Code and in order to allow the Seller to assert its rights with the carrier selected in accordance with art. L. 133-1 et seq. of this Code, 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 that of the receipt of the products. The address to which the reservations must be notified will be indicated to the Customer on the package.
Failure to comply with these formalities does not deprive the Customer of the right to rely on the non-compliance of 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 have occurred as a result of his/her absence of recourse against the carrier.
11. INTELLECUTAL PROPERTY RIGHTS
The Seller is the sole owner of all intellectual property rights, including trademarks, logos, illustrations, images and figurative elements appearing on the products and labels. Their sale does not confer any intellectual property rights onto the Customer, nor does it entitle the Customer to use or register them for his/her own account. The Customer is therefore prohibited from reproducing any such marks, illustrations, images, logos or any other figurative element, in whole or in part and in any form whatsoever.
The Seller's products, the Seller's trademarks and all figurative trademarks or not, and more generally all other brands, illustrations, images, designs, logos and figurative elements appearing on the products and labels, their accessories and their packaging are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these marks for any reason whatsoever and under any medium whatsoever, without the express, prior and written agreement of the Seller is strictly prohibited. It is the same for any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
12. LEGAL GUARANTEE OF CONFORMITY
All products supplied by the Seller benefit from the legal guarantee of conformity provided for in art. L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code for the benefit of the Customer, and the legal guarantee of hidden defects provided for in art. 1641 and s. of the Civil Code.
When acting in the frame of the legal guarantee of conformity, the Customer:
- is exempted from reporting the proof of the existence of the goods’ lack of conformity during the twenty-four months following the delivery of the good. The defects of conformity which appear within this period are presumed to exist at the time of the delivery, except proof to the contrary, in accordance with art. L. 217-7 of the Consumer Code ;
- has a period of two years to act from the delivery of the property ;
- can choose between the repair or replacement of the property, subject to certain cost conditions provided for in Articles L. 217-9 et seq. of the Consumer Code
The legal guarantee of conformity applies independently of any commercial guarantee.
The Customer may 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 resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
13. PROTECTION OF PERSONAL DATA (GDPR)
Certain personal data are 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. Information relating to all orders is stored and archived for as long as necessary for the proper conduct of commercial 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 transactions 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. its head office.
The Customer may exercise his/her right of access, rectification or deletion of this personal data and oppose that these data be used for prospecting purposes including commercial purposes under the conditions provided by the amended law 78-17 January 6, 1978 and EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. The Customer makes the request by email to the email address firstname.lastname@example.org or by mail to the address of the registered office of the Seller.
14. SETTLEMENT OF DISPUTES
For any difficulty or complaint, the Customer is invited to contact the Sales Administration department by e-mail or mail :
SA M. CHAPOUTIER, VAD Customer Service, 18, avenue Docteur Paul Durand at 26600 TAIN L'HERMITAGE - Tel. +33 (0) 4 75 08 92 64; email@example.com.
Any disputes that may still arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the contract may be submitted to the Consumer Mediation.
Every consumer has the right to free use of a consumer ombudsman. (L.612-1 of the Consumer Code) with a view to the amicable resolution of the dispute which pits him against a professional, within one year after his written complaint to the services of the seller.
For this purpose, the Customer may consult the Internet, for France, the website www.mediation-conso.fr for the mediation of consumption or, for cross-border disputes, the website of the European Consumer Center (www. europe-consommateurs.eu).
The Seller proposes the use of the Mediation and Arbitration Center of PARIS (CMAP - Consumer Mediation Service 39, avenue F.D. Roosevelt, 75008 PARIS, site www.cmap.fr).
The solution proposed by the mediator is not binding on the parties to the contract, and the Customer has in any case the possibility of resorting to any other alternative method of dispute resolution.
15. LAW APPLICABLE TO THE CONTRACT
The sales contract and the present GTC are subject to French law. However, in the case of customers residing in another Member State of the EU than in France, they may not be deprived of the protection provided by the mandatory rules of the legislation of their country of residence.
M. CHAPOUTIER, Société Anonyme au capital de 5.498.500 €
RCS de Romans sur Isère n° 435 580 477
TVA intracommunautaire n°FR26435580477
18 avenue du Docteur Paul Durand – 26600 TAIN L’HERMITAGE
TEL : 33(0)4 75 08 28 65/ FAX : 33 (0)4 75 08 81 70
FAX Export : (0)4 75 08 74 53