GENERAL TERMS AND CONDITIONS OF SALE for the website DISCOVERWINE.FR
Each of the expressions mentioned below, whether used in the singular or plural form, will have the following meanings in the present contract:
General Terms and Conditions: refers to the present general terms and conditions of sale.
Publisher or Vendor: refers to PLANET PROVENCE, with capital of € 7500, the headquarters of which are located at 15 rue Manuel 13100 AIX en PROVENCE, registered in the Registre du Commerce et des Sociétés (registry of commerce and businesses) of Aix en Provence under number 797 663 853.
Client or Buyer or Internet User: refers to the person or legal body or entity placing an order for products on the Internet Site www.discoverwine.fr.
The on-line shop or the Internet Site: refers to the Internet site www.discoverwine.fr
The Professional: refers to the professional who benefits from the Internet solution offered by the Publisher that enables the Client to purchase wine on the Internet Site.
The Parties: refers to the Publisher and the Client.
The purpose of these general terms and conditions is to establish the rights and responsibilities of the parties within the context of the on-line sale of products offered by the Vendor to the Buyer.
Offers available at the on-line shop are exclusively reserved to individual clients, excluding professional resellers.
The present terms and conditions concern only purchases made in France.
The present terms and conditions express the entirety of the Parties’ obligations. In this sense, the Buyer is deemed to accept them unreservedly.
The Vendor and the Client agree that these general terms and conditions shall exclusively govern relations between them. The Vendor reserves the right to modify these terms and conditions on an ad hoc basis. They will become applicable as of their on-line publication.
Should a condition of sale be lacking, it would be considered as governed by customs in effect within the distance sales sector in France.
When placing an order, the Client has the following options:
To directly access the Internet site www.discoverwine.fr;
To use a personal smart-phone or tablet to access the website;
For the order to be validated, the Buyer must accept these terms and conditions by clicking at the place indicated. He/she must also choose the address and shipping method, and, lastly, validate the means of payment.
Every order constitutes acceptance of prices and descriptions of wines available for sale.
In some cases, such as non-payment, incorrect address or other problem on the Buyer’s account, the Vendor reserves the right to block the Buyer’s order pending the resolution of the problem.
Products presented are available while supplies last. Consequently, the Vendor shall in no case guarantee the availability of wines for sale during a given period. All claims by the Buyer regarding the order or delivery of a product mentioned as not available on the website shall be considered unfounded.
The publisher has implemented a system for updating stocks. Nevertheless, should a product become unavailable after an order has been placed, the Vendor agrees to inform the Client by e-mail at the earliest opportunity. The Client may then request an exchange for the wine ordered or the cancelation of the order by sending an e-mail to “firstname.lastname@example.org” or by making the request directly on the “CONTACT US” page of the website. In such cases, the Vendor agrees to refund the amount paid by the Client within a maximum period of 30 days. When applicable, the rest of the order remains firm and final.
Contractual information shall be subject to confirmation by e-mail at the time of delivery at the latest or, failing that, at the address provided by the Buyer on the on-line form.
5. ELECTRONIC SIGNATURE
The on-line provision of a credit card number and the final validation of the order will constitute proof of the Buyer’s agreement in compliance with the provisions of law n. 2000-230 of March 13, 2000 and shall constitute:
payability of sums due in respect of the order form,
signature and formal acceptance of all transactions conducted.
In case of fraudulent use of a credit card, the Buyer is urged to contact the Vendor at the following number: +33(0)607371904 as soon as the fraud is detected.
6. PROOF OF TRANSACTION
Computerized records kept in the information systems of the Vendor under reasonable security conditions shall be considered as proof of communication, orders and payments conducted between the Parties. Archiving of orders and invoices is carried out on a secure and durable support that can be provided as proof.
7. PRODUCT INFORMATION
The products governed by these general terms and conditions are those appearing on the Vendor’s Internet site, and that are indicated as available for sale and shipping by the Vendor. They are offered while supplies last.
The products are described and presented with the highest possible degree of accuracy. Photographs of products are non-binding.
As a reminder:
alcohol abuse is dangerous for your health, to be consumed in moderation;
alcohol should not be consumed by pregnant women;
the sale of alcohol is prohibited to minors; you must therefore certify that you are of legal age and legally able to make purchases on our Internet site.
Prices are applicable within the framework of distance sales and only on the Internet site http://www.discoverwine.fr
The Vendor reserves the right to modify prices at any time, but agrees to apply prices in effect on the date an order is placed, subject to availability at that date.
Prices are marked in Euros and include processing charges for the order. Prices do not include shipping costs which are charged separately and shown prior to validation of the order. Shipping costs will be calculated based on the country of destination and weight of the order.
Under no circumstances will an amount paid be considered as a deposit or advance payment.
The price posted includes all taxes for the shipment to USA.
Transfer of property
The Vendor retains full and complete property of wines sold until full receipt of all amounts due by the Client as part of his/her order, fees and taxes included. These provisions do not prevent, from the time of delivery, the transfer to the Client of risks of loss or deterioration of the products, subject to reservation of ownership, as well as of any damages that they could cause.
9.1 Credit card payment
The client may pay on line using credit cards bearing the CB, VISA, MASTERCARD or AMERICAN EXPRESS logos.
The Buyer guarantees the Vendor that he/she has all necessary authorizations required to pay by credit card.
The Vendor reserves the right to suspend the processing of any orders and any shipping in case of refusal of authorization of payment by credit card by officially accredited organizations. In particular, the Vendor reserves the right to refuse shipping or to honor an order by a buyer who has failed to totally or partially settle a previous order or a buyer with whom there is an ongoing payment dispute.
As part of this verification, the Buyer may be asked to provide the Vendor with a photocopy of a photo ID as well as proof of address. The order will be validated only after receipt and verification by the Vendor of the documents provided.
The security of on-line payments is provided by 3 D SECURE, the secure payment service of SOCIETE GENERALE which uses the SSL protocol. The Client’s confidential data (16-figure credit card number, expiration date and the visual pictogram) are directly encrypted and sent to the 3 D SECURE server without passing through the physical supports of the server. After confirmation of the order, 3 D SECURE requests a preliminary authorization from the credit card network, it then delivers an electronic certificate. In accordance with legal provisions, for all credit card payments on the website, the electronic certificate constitutes proof of the amount, date and time of the transaction.
Due to the increase in credit card fraud, regardless of the amount of the order, the Vendor reserves the right to either contact the Client at the telephone number provided on the order form or to request a photocopy of the Client’s ID and/or proof of address. In case of doubt regarding the identity of the bearer of the credit card or that of the person placing the order, the Vendor reserves the right to require payment by bank transfer or to cancel the order within a 15-day period after the order has been validated on the website. In such cases, payment for the order shall not be effective, and the amount shall not be debited from the Client’s account.
9.2 Payment by bank transfer
The Client may also pay for his/her purchases by bank transfer to the following account:
IBAN: FR76 3000 3000 5500 0262 0005 984
It is imperative that the Client mention the order number on the transfer order. Lacking this, he/she may not hold the Vendor responsible for poor management of the order, particularly with respect to delays in shipping and delivery.
The order will be processed upon payment, subject to receipt of the full amount. Wines ordered are reserved for 2 (two) working days after the order is placed. Past this period, if payment has not been received, the products will again be offered for sale. In all cases, the validation of the order constitutes signature and express acceptance of all transactions conducted on the website.
Bottles are shipped in units of 6 or 12, with a maximum of 12 bottles shipped per order to provide you with the best price possible.
In the event of unforeseen emergencies/conditions, which will be posted if possible on the website, our online shop and delivery service may be temporarily closed.
10.1- Delivery deadlines for an order vary between 1 and 4 working days in continental Europe, 2 to 5 days for the PTOM / DROM (French overseas territories and departments) and 2 to 3 weeks for distant destinations requiring complex customs formalities. These deadlines are subject to availability. They apply as of the validation of payment or the completion of procedures for the verification of orders set out in these general term and conditions. They include the procedures for registering and invoicing the order, and lastly, the logistical preparation of the order, to be carried out either in-house or outsourced to one of out partners.
In all cases, the Vendor will be able to keep the Client informed of the status of his/her order upon simple request by the latter either by e-mail or through the “YOUR ACCOUNT“ page of the website.
Products purchased on the website will be shipped to the shipping address provided by the Client when ordering. Said address will be systematically verified due to the increase in fraud.
10.2- Delivery deadlines are those provided during the on-line ordering process, not including week ends. This information is available in the “SHIPPING” module. It takes into account the time period necessary to carry out all of the administrative procedures required to ship wine, particularly to foreign countries. The Vendor reserves the right to choose the carrier.
Products are delivered to the address provided by the Buyer on the order form. The Buyer is responsible for the accuracy of said address. All packages returned to the Vendor due to an incorrect or incomplete address will be re-shipped at the Buyer’s expense.
10.3- Conditions for delivery
All packages returned to the Vendor due to an incorrect or incomplete address will be re-shipped at the Buyer’s expense.
Delivery is carried out after confirmation of payment by the Vendor’s bank.
10.4- Shipping abroad
The Vendor reserves the right to choose the carrier in order to preserve the quality of the wine ordered.
The Client may consult the “SHIPPING” section, prior to ordering, for information on taxes that may apply to his/her order.
11. CONFORMITY OR QUALITY
All products are subject to a contractual warranty which does not prevent the legal warranty set out in articles 1641 et seq. of the Code Civil (civil code). For products delivered damaged, the Client benefits from a warranty that enables him/her to return the items in accordance with articles L211-4 et seq. of the Code de la Consommation (consumer code).
At the time of delivery, should the original packaging be damaged, torn or open, the Buyer should inspect the condition of the bottles. If they have been damaged, it is imperative that the Buyer refuse to accept the package and make a written reservation on the packing slip (package refused because it was open or damaged). The Buyer must indicate on the packing slip, by handwritten reservation bearing his/her signature, all irregularities concerning the delivery (missing product listed on the packing slip, damaged package, broken bottle, etc.). The buyer’s signature or that of a person authorized by him/her, on the packing slip signifies that this inspection has been performed.
The buyer must address to the Vendor on the day of delivery or, at the latest, on the first working day following the delivery, all claims concerning errors in the delivery and/or non-conformity of the bottles either in nature or quality in relation to what is indicated on the packing slip. Any claims made after this deadline will be refused.
Claims can be made by one of the following means:
By telephone: +33(0)6 07 37 19 04
By e-mail: email@example.com
Any claims not in compliance with the above mentioned rules and deadlines will not be receivable and will release the Vendor of all liability towards the Buyer.
In case of error in delivery or exchange, all products to be exchanged or refunded must be returned to the Vendor in their original packaging, by express carrier, and accompanied with the completed return slip to the following address:
15 rue Manuel
13100 Aix en Provence
This right of return is without penalties, the Vendor bearing the return costs. The Buyer will be reimbursed by a credit to his/her credit card (secure transaction), within fourteen days following receipt of the product or receipt of proof of the shipping of the product, whichever arrives first.
12. RIGHT OF RETURN
The Buyer has a 14-working-day period from the date of delivery to return any product that he/she may deem unsuitable and request an exchange or refund without penalty, with the exception of return costs to be borne by the Buyer.
Only products returned in their complete, intact, original packaging, and in perfect condition for resale will be accepted. Damaged products, or products returned with deteriorated packaging will be neither refunded nor exchanged.
The Buyer must inform the Vendor of his/her wish to return a product/s, prior to the expiration of the 14-day period, by one of the following means:
By telephone: +33(0)6 07 37 19 04
By e-mail: firstname.lastname@example.org
The product must be returned to the Vendor within the same time period, whole, in its original packaging in order to protect the bottles, by express carrier and accompanied with the completed return slip to the following address:
15 rue Manuel
13100 Aix en Provence
This right of return is without penalties, with the understanding that return costs are to be borne by the Buyer. In case of exchange, re-shipping will be done at the Buyer’s expense.
The Buyer will be reimbursed by a credit to his/her credit card (secure transaction), within fourteen days following receipt of the product or receipt of proof of the shipping of the product, whichever arrives first.
13. FORCE MAJEURE
All circumstances independent of the will of the parties preventing the execution, under normal conditions, of their obligations are considered as causes for exoneration from the parties’ obligations and leading to their suspension.
The party invoking the above mentioned circumstances must immediately inform the other party of their occurrence as well as of their disappearance.
Will be considered as cases of force majeure all irresistible events or circumstances external to the parties, unforeseeable, inevitable, independent to the will of the parties, and impossible to prevent by the latter, despite all reasonably possible efforts. In addition to those generally accepted by French courts and tribunals, the following are considered cases of force majeure or fortuitous events: the interruption of means of transport or supplying, earthquakes, fires, storms, floods, lightning, a breakdown of telecommunications networks external to the Clients.
Should one or several stipulations of these general terms and conditions be considered invalid or declared as such in accordance with a law, a regulation or as a result of a definitive ruling by a competent jurisdiction, the other stipulations shall remain in force to their full extent.
The failure of a party to pursue any breach by the other party of any of the obligations set out in the general
terms and conditions hereof shall not be construed in the future as a waiver of such obligation.
The Vendor shall not be considered as liable for any local taxes, import duties or state taxes that may be payable. Moreover, it is the responsibility of the Client to verify with local authorities the possibilities of import or use of the products that he/she intends to order.
17. CONFIDENTIALITY: PROTECTION OF PERSONAL DATA
The ordering process involves the gathering of some personal data concerning the Client. In accordance with the data protection act of January 6, 1978, the Client has the right to access and rectify the information concerning him/her. The handling of this data is subject to a declaration to the Commission Nationale de l’Informatique et des Libertés (CNIL) (national commission for data protection and liberties).
18. APPLICABLE LAW
These general terms and conditions are subject to the application of French law. Only the version of general terms and conditions written in French shall be valid.
In case of dispute or claim, the Buyer shall first contact the Vendor in the aim of obtaining an amicable solution. Failing this, only French courts shall be competent.
Any proceeding or dispute arising from the present contract concerning a Client residing in France shall be submitted to the courts of the place of residence of the defendant, or, at the defendant’s discretion, the courts where the product was effectively delivered.
19. CONTACT AND CUSTOMER SERVICE ADDRESS
In all cases, the address for returns or contact with the Vendor is the following (excluding all other addresses):
15 rue Manuel
13100 Aix en Provence
Ph: +33 (0)6 07 37 19 04