Terms of sale
GENERAL CONDITIONS OF ONLINE SALES
Preamble
The company SCEA Domaine Rolet, limited liability company with a capital of 330 204,00 euros, whose registered office is established Route de Dole - 39600 Arbois - France, (the "Salesman") markets, in particular via its Internet site www.domaine-rolet.fr, its products to the profit of any consumer purchaser located in France or abroad, for his own consumption (the "Customer"). The Customer is therefore prohibited from reselling the products ordered.
The list of goods offered for distance selling by the Vendor can be consulted on the site available at www.domaine-rolet.fr.
The present general conditions of sale are applicable to the orders made by the Customers via the ordering service offered through the website www.domaine-rolet.fr, by telephone, by e-mail or any other ways of communication offered by the Seller
The parties agree that their relations will be governed exclusively by the present general conditions of sale which constitute the entirety of the contractual relations between the parties.
The Seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on its website. The applicable general terms and conditions of sale are those in force at the date of validation of the order by the Customer.
The parties agree that the photographs and information of the products on sale on the website or appearing on any other document transmitted to the Customer have no contractual value. The Seller takes the greatest care in the presentation and description of its products to best satisfy the Customer's information. However, it is possible that non-substantial differences may appear on the website or any other document sent to the Customer.
Article 1. - Definitions
The terms and expressions hereinafter referred to shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance here of:
"Item" means the Goods that are the subject of the Order;
"Good": any product offered for sale on the Site;
"Order" means a request for Goods or Services made by the Customer to the Seller;
"General Terms and Conditions of Sale" means the General Terms and Conditions of Sale which are the subject of this Agreement;
"Agreement" means this instrument, including its preamble and appendices, and any amendment, substitution, extension or renewal thereof made by agreement of the Parties;
"Delivery Time" means the period of time between the date of Order Validation and the date of Delivery of the Order to Customer;
"Perishable Food": food products with an obligation to be consumed within a short period of time (less than seven days)
"Delivery Costs" means the costs incurred by the Seller to deliver the Order to the delivery address specified by the Customer;
"Delivery" means the shipment of the Item to Customer;
"Delivery Method" means any standard or express delivery method available on the Site at the time of the Order;
"Price" means the unit value of a Good or Service; this value includes all taxes and excludes Delivery Charges;
"Total Price": the total amount of the cumulative Prices of the Goods, Products and Services that are the subject of the Order; this amount includes all taxes;
"All-Inclusive Price" means the Total Price plus the price of the Delivery Charges; this amount includes all taxes;
"Product": any product offered for sale on the Site;
"Service": any service offered for sale on the Site;
"Site": the online sales site used to market the Goods, Products and Services;
"Territory" has the meaning given to this term in Article 3;
"Order Validation" has the meaning given to this term in Article 5;
"Online Sale": means the marketing of the Seller's Goods, Products and Services via the Site;
References to Articles are references to the articles of this Agreement, unless otherwise provided.
References to the singular include the plural and vice versa.
References to one gender include the other gender.
Article 2. - Purpose of this Agreement
The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of Goods, Products and Services offered for sale by the Seller to the Customer.
Confirmation of the order entered online assumes that the Customer has full legal capacity to contract, and implies his unreserved acceptance of these General Terms of Sale. Consequently, the Vendor declines all responsibility in this respect for any order placed by an incapable person.
Ordinance n°59-107 of January 7, 1959, law n°74-631 of July 5, 1974 and article L. 3353-3 of the Public Health Code prohibit the sale of alcohol to minors. Any Customer ordering alcohol from the Vendor therefore undertakes to be of legal age on the date of the order.
Article 3. - Scope of application
The present General Conditions of Sale are reserved to the only consumers, in the sense that the law and the jurisprudence give, acting exclusively for their own account and domiciled in Metropolitan France except Corsica.
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics and prices of Goods, Products and Services sold electronically are available on the Site.
The present General Terms and Conditions of Sale are applicable to all sales of Goods, Products and Services by the Seller through the Site.
The Customer hereby declares that he/she has read and understood these General Terms and Conditions of Sale prior to the Order Validation in accordance with Article 5. The Validation of the Order therefore implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all Orders placed for delivery within Metropolitan France, excluding Corsica.
This Agreement shall come into force on the date of Order Validation as defined in Article 5.
The Agreement shall remain in effect for the period necessary for the provision of the Goods, Products and Services, until all warranties and obligations owed by the Seller have expired.
Article 5. - Ordering the Goods, Products and Services and Steps in the Conclusion of the Online Sale
In order to complete the Order, the Customer shall follow the following steps:
1. Log on to the Website address;
2. Follow the instructions on the Web Site, in particular the instructions for opening a customer account;
3. Fill in the order form. In case of prolonged inactivity during the connection, it is possible that the selection of Goods, Products and Services chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection of Goods, Products and Services from the beginning;
4. Check the elements of the Order and, if necessary, identify and correct any errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the "Order Validation"). The Order Validation implies acceptance of the General Terms and Conditions of Sale;
6. Follow the instructions of the online payment server to pay the Price.
The Customer shall then receive electronic confirmation of acceptance of payment for the Order without delay.
The Customer shall also promptly receive an electronic acknowledgement of receipt of the Order (the "Order Confirmation").
However, in accordance with Article L. 122-1 of the French Consumer Code, the Vendor reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous Order, or if the Order is out of stock. In this case, an e-mail of non-confirmation will be sent, without delay, to the Customer.
The Customer shall receive electronic confirmation of the shipment of the Order.
Delivery shall be made to the delivery address indicated by the Customer at the time of the Order.
During the various stages of the Order mentioned above, the Customer undertakes to comply with the present contractual terms and conditions in accordance with Article 1316-1 of the Civil Code.
The Seller undertakes to honour the Order only within the limits of available stocks of the Goods.
If the Goods are not available, Seller shall inform Customer accordingly.
The price of the Goods, Products and Services sold on the Site is indicated respectively by article and reference or by service and by reference.
The prices of the Goods, Products and Services sold on the Site are prices inclusive of all taxes and exclusive of additional costs (transport costs, customs duties, insurance).
At the time of Order Validation, the price to be paid is indicated on the Customer's Order summary screen and includes :
- The price of the selected Products, including VAT but excluding any additional charges;
- The amount of any discounts granted to the Customer;
- The amount of the value added tax;
- The amount of shipping and handling fees.
The prices are denominated and payable in €uros.
Any mention of prices in currencies other than the Euro is given exclusively as an indication. It is the Customer's responsibility to inform himself, if necessary, of the applicable exchange rate between the Euro and his currency of payment.
The telecommunication costs inherent to the access to the Site remain the exclusive responsibility of the Customer.
The validity period of the offers and prices is determined by the updating of the Site.
Article 7. - Terms of payment
The payment of the All-Inclusive Price by the Customer is made only by credit card. The accepted bank cards are those of the Carte Bleue, Visa, Eurocard / MasterCard networks.
The transaction is immediately debited from the Customer's credit card after verification of the card's data, upon receipt of the debit authorization from the credit card issuer used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is his/her own. The Customer shall communicate the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers.
In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately cancelled by operation of law and the Order shall be cancelled.
The Seller shall use its best efforts to ensure the confidentiality and security of the data transmitted on the Site.
8.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Website when placing the Order.
8.2. Delivery Address
The Customer chooses a Delivery address that must be located within the Territory, failing which the Order shall be rejected. The Customer shall be solely responsible for any failure or delay in delivery due to a lack of information or an error in entering information when placing the Order.
Any costs incurred in the reshipment of the Order due to an error in the information entered by the Customer at the time of the Order shall be borne solely by the Customer.
Customer shall not have the Goods delivered to a public place or hotel. The Seller reserves the right to refuse to honor any Order where the delivery location is a public place or a hotel.
8.3. Amount of the Delivery Costs
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Order is validated and is the responsibility of the Customer.
8.4. Delivery Times
Delivery times are available on the Web site and may vary depending on the availability of the Goods ordered.
The Delivery Times mentioned for information purposes are in working days and correspond to the time required for the preparation and dispatch of the Order in the Territory.
The Delivery Time shall run from the date of the Order Confirmation by the Seller.
8.5. Delayed Delivery - Out of Stock
a. Delay in Delivery
In the event of late delivery, the Order shall not be cancelled.
The Seller shall inform the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by registered letter with acknowledgement of receipt.
If the Order has not yet been shipped when the Seller receives the Customer's cancellation notice, Delivery shall be blocked and the Customer shall be reimbursed for any sums debited within thirty days of receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the Seller of the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller shall then refund the sums debited and the return shipping costs incurred by the Customer within thirty days of receipt of the return of the rejected package, complete and in its original condition.
b. Out of stock
The Order shall be processed by the Seller within a maximum of two working days, excluding delivery time.
The Seller cannot guarantee the availability of each Product offered on the Site at any time.
Therefore, in the event that a Product ordered is out of stock, the Vendor shall contact the Customer by e-mail, mail or telephone as soon as possible in order to inform him/her of this and to agree with him/her on
- To postpone the Delivery while waiting for the restocking of this Good, when it is possible,
- To replace the Good by another equivalent in quality and price,
- To cancel the order and refund the price paid.
8.6. Follow-up of the Delivery
The Customer may track the progress of the Order by contacting the Seller either by e-mail at contact@domainerolet.com or by telephone on +33 3 84 66 00 05.
8.7. Verification of the Order upon arrival
The Customer is responsible for checking the condition of the packaging and the Items upon delivery.
It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package if the package is damaged upon delivery.
The Customer may, if he wishes, ask the Carrier to return the package, which must be accompanied by a "spoliation report", of which the Customer will keep a copy.
The said reservations and claims must be addressed to the Carrier by registered letter with acknowledgement of receipt within 48 hours following the date of delivery of the Goods.
The Customer shall also send a copy of such letter to the Seller. Failure to file a claim within the aforementioned time period and in the aforementioned manner shall extinguish any action against the carrier and Seller pursuant to Article L. 133-3 of the Commercial Code.
The Customer shall ensure that the Goods delivered to it correspond to the Order.
In case of non-conformity of the Goods in kind or in quality to the specifications mentioned in the delivery note, the Customer must inform SARL AURETO Hameau de la Coquillade 84400 Gargas, by registered letter with acknowledgement of receipt and return the Goods to the address indicated in the conditions of Articles 8 and 10.
Article 9. - Modification - Cancellation - Withdrawal
9.1 Modification - Cancellation
Orders are firm, final and not subject to change or cancellation, except as provided in Article 9.2 hereof.
9.2 Withdrawal
In the event of the sale of Goods other than perishable goods:
Customers wishing to exercise their right of withdrawal must return the Goods or Products within the aforementioned period, in their original packaging, complete and new, it being specified that the cost of returning the Goods or Products shall be borne by the Customer.
The seven-day period is extended to thirty days for Customers whose Territory is not located in the EEC.
In case of sale of perishable goods :
The provisions of Article L. 121-16 of the Consumer Code provide that the Customer has a withdrawal period of seven working days from receipt of the Product.
In case of perishable nature and obligation of consumption in a short time of the Goods offered for sale on the Site, these provisions are not intended to apply.
Article 10. - Claims
The Customer must ensure the conformity of the delivery with his order.
In the event of the sale of Goods other than perishable goods:
Only the complaints relating to the Sale on Line of the Articles will be taken into account.
In case of sale of perishable goods :
For reasons of hygiene and food safety, perishable goods will not be returned or exchanged.
In both cases:
Any dispute concerning the invoice can only be taken into account within 48 hours of receipt of the invoice.
Article 11. - Warranty
The Seller guarantees that the Goods have been subject to all the necessary care to ensure their conformity to the description on the Site at the date of the order. Seller does not warrant that the Goods meet Customer's specific expectations.
Thus, the Seller is subject only to the legal guarantees provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the French Consumer Code and in Articles 1641 and 1648 of the French Civil Code.
The Seller's warranty is limited to the replacement of defective products, at the Seller's expense.
It is the Customer's responsibility, under penalty of forfeiture of any action relating thereto, to inform the Seller, by registered letter with acknowledgment of receipt, of the existence of the quality defects of the products within a maximum period of 48 hours after their discovery.
The Customer is responsible for the choice of the Goods ordered.
The Customer is responsible for the preservation of the Goods from the day of their delivery.
The Seller shall not be liable for any direct or indirect damage caused by the Customer's fault, in particular consumption beyond the expiration date indicated on fresh and perishable products.
No reserve can be made in relation to the taste, appearance or freshness of the products.
In the event that the Seller's liability is called into play, the sums of any kind that could be charged to the Seller, for any reason whatsoever, including damages, reimbursements and indemnities, etc., may not exceed the amount of the All-Inclusive Price.
Article 12. - Transfer of property
The Goods and Products ordered travel at the Customer's own risk, and it is the Customer's responsibility to make any and all claims against the shipping company in the event of theft, loss or any other inconvenience affecting the delivered Good or Product.
Article 13. - Intellectual property rights
The trademark of the Seller Domaine Rolet, as well as all the figurative or not trademarks and more generally all the other trademarks, illustrations, images and logotypes appearing on the Goods, their accessories and their packaging, whether they are registered or not, are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited and shall be subject to recourse by the Seller.
The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, design, model and patent which are the property of the Seller.
Article 14. - Data Privacy
The information requested from the Customer is required to process the Order.
Should the Customer agree to provide personal data, he or she shall have the right to access, delete and rectify said data in accordance with the provisions of Law No. 78-17 of January 6, 1978 concerning information technology, files and liberties. The Customer must send any written request to the following address contact@domainerolet.com.
When creating his customer account on the Site, the Customer will be able to choose whether he wishes to receive offers from the Seller and its partners.
Article 15. - Force Majeure
Seller shall notify Customer of the occurrence of such an act of God or force majeure within 15 days of the date of the occurrence of the event.
If Seller's performance continues to be suspended for a period in excess of 60 days, Customer may terminate the current Order and Seller shall refund the Order in accordance with Section 7.
Article 16. - Invalidity of a Contract Clause
If any of the provisions of this Agreement are invalidated, such invalidity shall not invalidate the other provisions of the Agreement, which shall remain in force between the Parties.
Article 17. - Modification of contract
Any amendment, cancellation or waiver of any of the terms and conditions of this Agreement shall be valid only upon express agreement validated between the Parties.
Article 18. - Applicable laws
Only the French text of these General Terms and Conditions of Sale shall be deemed authentic in the event of a dispute.
