Registered in the Register of companies of La Rochelle under the SIREN number 494625296, represented by M. Christian RIEDINGER, as president, duly authorized for the purposes of the present. The company can be joined by email by clicking on the form of accessible contact via the homepage of the site. Below the ” Seller ” or the ” Company “.
On one hand, And the natural or legal entity proceeding to the purchase of the society’s products or services, Below, ” the Buyer “, or ” the Customer “. On the other hand, It has been displayed and been advisable what follows:
The Seller is distributor of wines and spirits exclusively aimed at consumers, marketed through its web sites (http: // winesuponatime.vin). The list and the description of goods and services proposed by the Company can be consulted on the above-mentioned sites.
Article 1: Object The present General terms of sale determine the rights and duties of the parts within the framework of the on-line sale of Products proposed by the Seller.
Article 2: General Arrangements The present General terms of sale (CGV) applies to all the sales of Products, made through the web sites of the Company which are integral part of the Contract between the Buyer and the Seller. The Seller keeps for himself the possibility of modifying the present at any time, by the publication of a new version on its web site. The applicable CGV then are the ones being effective in the date of the payment (or of the first payment in case of multiple payments) of the order. Those CGV are available for consultation on the web site of the Company at the following address: https: // winesuponatime.vin/conditions-generales-de-vente/. The Company also makes sure that their acceptance is clear and without reserve by setting up a checkbox and a click of validation. The Customer declares to have acquainted with all the present General terms of sale, and if necessary with Particular Conditions of Sale connected to a product or a service, and to accept them without limitation nor reserve. The Customer recognizes that he benefited from advices and necessary information to make sure of the adequacy of the offer to his needs. The Customer declares to be capable of contracting legally by virtue of the French laws or validly of representing the natural or legal entity for which he makes a commitment. Unless proved otherwise the information registered by the Company constitutes the proof of all the transactions.
Article 3: Price The prices of products sold through this web sites are indicated in Euros inclusive of all taxes and exactly determined on the pages of descriptions of Products, and excluding charges specific of shipping. The Company saves itself the possibility of modifying its prices at any time for the future. The expenses of telecommunication necessary for the access to the web sites of the Company are chargeable to the Customer. If necessary also, the expenses of delivery.
Article 4: Conclusion of the on-line contract The Customer will have to follow a series of specific steps to every different Product offered by the Seller to be able to realize his order. However, the steps described below are systematic: ➢ Information about the essential characteristics of the Product; ➢ Choice of the Product, if necessary its options and the indication of the essential data of the Customer (identification, address); ➢ Acceptance of the present General terms of sale. ➢ Check of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of the payement instructions, and payment of the products. ➢ Delivery of products. The Customer will then receive confirmation by e-mail for the order payment, as well as a confirmation of the order reception. He will receive a .pdf copy from present general terms of sale. For the delivered products, this delivery will be made at the address indicated by the Customer. For the purposes of good realization of the order, and according to the article 1316-1 of the Civil code, the Customer makes a commitment to supply his sincere elements of identification. The Seller saves himself the possibility of refusing the order, for example for any abnormal request, realized in bad faith or for any justifiable motive.
Article 5: Produced and services The essential characteristics of the goods, services and their respective prices are given to the buyer on the web sites of the company. The customer gives evidence to have received a detail of the expenses of delivery as well as the terms of payment, delivery and execution of the contract. The Seller makes a commitment to fulfill the order of the Customer within the limits of the availability of the product in stock. If he fail at this, the Seller will inform the Customer about it. This contractual information is presented in detail and in English language. According to the French law, they are the object of a summary and a confirmation during the validation of the order. The parts agree on the fact that the illustrations or the photos of products offered to the sale have no contractual value. The duration of validity of the offer of Products as well as their prices is specified on the web sites of the Company, as well as the minimal duration of the proposed contracts when these concern a continuous or periodic supply of products or services. Except particular conditions, the rights granted in conformance with the present are it only to the signatory natural person of the order (or the person holder of the email address communicated). According to legal requirements regarding conformity and regarding latent defects, the Seller pays off or exchanges the defective products or not corresponding with order. The refund can be asked by simple email, the possible expenses of return staying chargeable to the customer.
Article 6: Clause of title retention Products remain the property of the Company up to the complete payment of the price.
Article 7: Delivery modalities Products are delivered to the delivery address which was indicated during the order and at the indicated deadline. In case of delay in delivery, the Customer has the possibility to solve the contract in the conditions and the modalities defined in the Article L 138-2 of the Code of the consumption. The Seller proceeds then to the refund of the product and to the expenses “to go” to the conditions of the Article L 138-3 of the Code of the consumption. The Seller put at disposal a phone contact point (cost of a local communication from a fixed post) indicated in the email of order confirmation to insure the follow-up of the order. The Seller reminds that as the Customer takes physcal ownership of the products, risks of loss or damage of products is transferred to him. It is up to the Customer to notify the conveyor its concern concerning the delivered product.
Article 8: Availability and presentation The orders will be handled within the limits of our available stocks or subject to available stocks at our suppliers.
Article 9: Payment The payment is due immediately with order, including pre-ordered products. The Customer can make the payment by credit transfer or bank check.
Article 10: Withdrawal period According to the article L. 121-20 of the Code of the consumption, “the consumer has a deadline of fourteen clear days to exercise his right to withdraw without having to prove motives or to pay of penalties, in the exception, where necessary, expenses of return”. “The deadline mentioned in the previous short paragraph as from the reception for the goods or from the acceptance of the offer for the services”. The right to withdraw can be exercised by contacting the Company by registered mail. In case of use of the right to withdraw for the above-mentioned deadline, only the price of one or several bought products and the forwarding charges will be paid off, the expenses of return stay chargeable to the Customer. The returns of products are to be made in their home state and complete (packaging, accessories, note …) so that they can be recommercialized in mint condition; if possible they have to be accompanied by a copy of the documentary evidence of purchase.
Article 11: Complaints If necessary, the Buyer can present any complaint by contacting the company by e-mail, or registered letter in the head office.
Article 12: Intellectual property rights The brands, the domain names, the products, the software, the images, the videos, the texts or more generally any information object of intellectual property rights are and remain the exclusive property of the seller. No transfer of rights of intellectual property is realized through the present CGV. Any total or partial reproduction, modification or use of these properties for any reason whatsoever is strictly forbidden.
Article 13: Major force The execution of the obligations of the seller in the term of the present one is suspended in case of emergence of a coincidence or a force majeure which would prevent the execution from it. The seller will inform the customer of the emergence of such an event as soon as possible.
Article 14: Nullity and modification of the contract If one of the conditions of the present contract was cancelled, this nullity would not pull the nullity of the other conditions which will remain current between the parts. Any contractual modification is valid only after an agreement written and signed of the parts.
Article 15: Protection of personal data According to Data protection acts of January 6th, 1978, you arrange rights of interrogation, access, modification, opposition and rectification on the personal data concerning you. By subscribing to these general terms of sale, you agree that we collect and used these data for the realization of the present contract. By seizing your email address on one of the sites of our network, you will receive emails containing information and special offers concerning products edited by the Company and its partners. You can unsubscribe at any time. You just have to contact the person in charge of the process by simple email.
Article 16: Applicable law All the clauses appearing in the present general terms of sale, as well as all the operations of purchase and sale which are reffered to it, will be subjected to the French law, the commercial court of La Rochelle being the competent only one.
Our general terms of sale have been elaborated and translated from a free model which can be downloaded on the site https: // to www.donneespersonnelles.fr/.