Terms and Conditions of Sale
WE REMIND YOU THAT :
- ALCOHOL ABUSE IS DANGEROUS TO HEALTH AND SHOULD BE CONSUMED IN MODERATION
- THE SALE AND SUPPLY OF ALCOHOL TO MINORS IS PROHIBITED
In these General Terms and Conditions of Sale (GTCS), capitalized terms and expressions have the meanings indicated below, whether used in the singular or plural.
GTC- refers to these General Terms and Conditions of Sale
Products means: the bottled wines offered for sale on the lesvignoblesfoncalieu.com web site. As wine is a biologically living product that evolves over time, the customer must store it in a dry, clean, dark place, away from all chemicals or pesticides, without thermal shock, at an average temperature of 17° C. The appearance of cloudiness, precipitation, etc., is inherent to the wine, notably due to a minimum of treatment or tartaric or color stabilization. These problems, when the Products comply with French regulations, do not call into question their conformity with the order.
Customer means: any natural person of full legal capacity with a delivery and billing address in metropolitan France, and acting for purposes that do not fall within the scope of his or her commercial, industrial, artisanal, agricultural or liberal activity, who has ordered from the lesvignoblesfoncalieu.com website.
Les Vignobles Foncalieu designates, UC Foncalieu, seller
The store is Le Comptoir de la Cité, 32 avenue du Général Leclerc 11000 Carcassonne.
The purpose of the GCS is to set out the contractual provisions and conditions applicable to all sales concluded between Les Vignobles Foncalieu and a Customer on the lesvignoblesfoncalieu.com website.
These terms and conditions are accessible at all times on the lesvignoblesfoncalieu.com website and will prevail, where applicable, over any other version or any other contradictory document.
These terms and conditions may be subject to subsequent modifications. The version applicable to the sale is that in force on the website on the date the order is placed.
If any of the terms of these GTC are held by a court of law to be illegal or unenforceable, the remaining provisions shall remain in force.
The Customer declares that he/she has read and accepted the General Terms and Conditions of Sale by ticking the appropriate box before proceeding with the online ordering procedure described in article 7 Ordering. Validation of the order by the Customer therefore implies unreserved acceptance by the Customer of these terms and conditions of sale.
The online sale of the Products presented is reserved for buyers residing in metropolitan France.
Characteristics of products offered for sale
The Products offered are those shown on the website lesvignoblesfoncalieu.com. Each Product is accompanied by a description of its essential characteristics drawn up by Les Vignobles Foncalieu. The customer must read them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
All orders imply the purchase of a minimum of 6 bottles in multiples of 6. The customer may combine orders.
The photographs in the catalog are as accurate as possible but cannot ensure a perfect similarity with the Product offered and cannot incur the liability of Les Vignobles Foncalieu.
Products are supplied at the price shown on the lesvignoblesfoncalieu.com website. Prices are in euros and include VAT, but exclude delivery charges.
These are the prices in force on the day the order is placed.
Les Vignobles Foncalieu does not reimburse the telecommunication costs inherent in accessing the lesvignoblesfoncalieu.com site, which are the exclusive responsibility of the Customer.
Les Vignobles Foncalieu reserves the right to modify its prices at any time, it being understood that the price appearing on the website lesvignoblesfoncalieu.com on the day of the order will be the only price applicable to the Customer.
The prices indicated do not include the costs of order processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the lesvignoblesfoncalieu.com website and calculated before the order is placed. The payment requested from the Customer corresponds to the total amount of the purchase, including these charges. An invoice is issued by Les Vignobles Foncalieu and given to the Customer upon validation of payment.
Customer account creation
The creation of a Customer account is optional when placing an order on the lesvignoblesfoncalieu.com website.
To create an account, the Customer must fill in a form containing the following information: first name, last name, e-mail address, telephone number, e-mail address and password, company name, VAT number, country.
a) Order process
The customer places an order on the “lesvignoblesfoncalieu.com” website.
To purchase one or more Products, you must follow the order process below:
Connect to lesvignoblesfoncalieu.com
Choice of products and quantities
Add product(s) to cart
Validate the contents of the basket by clicking on “order with payment obligation”.
Read the order summary and, if necessary, modify it
In the “delivery” section, the Customer chooses whether to collect the Products in store or downloaded (dematerialized products) or to have them delivered by Les Vignobles Foncalieu’s carrier.
Login to existing customer account or create a new account
Choosing a delivery and billing address
Read and accept these terms and conditions of sale by ticking the box “I have read the terms and conditions of sale and accept them unreservedly”.
Confirmation of order by clicking on order with payment obligation
Review the order summary and modify it if necessary.
Choice of payment method
The Customer will receive an order confirmation e-mail.
At any time during the ordering process, the Customer may view the details of his order and its total price, and correct any errors, before confirming it and expressing his acceptance by clicking on “Order and Pay” or “Order with payment obligation”.
Les Vignobles Foncalieu reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning payment of a previous order, or from a Customer who does not have the capacity to contract.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
b) Order modification
Any modification of the order after confirmation is subject to the express acceptance of Les Vignobles Foncalieu.
c) Unavailability of Products ordered
Les Vignobles Foncalieu undertakes to inform the Customer by e-mail or telephone within 1 (one) working day (i.e. Tuesday to Saturday) if the Product is unavailable after the order has been placed, by proposing several solutions.
The customer can choose :
To accept a longer delivery time when restocking is possible
To order another equivalent Product on the website lesvignoblesfoncalieu.com as a replacement
Cancel the order. Les Vignobles Foncalieu will refund the Product as follows:
If the Product that has become unavailable was the only component of the order, Les Vignobles Foncalieu will refund the entire order, including shipping costs.
If the Product that has become unavailable represented only a part of the Products ordered, Les Vignobles Foncalieu will reimburse the price of the Product that has become unavailable, excluding shipping costs, if applicable, taking into account the flat-rate nature of these costs.
Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by secure payment, in accordance with the following terms and conditions:
By credit card or Paypal
By bank transfer.
Late payment will result in the immediate payment of all sums owed by the Customer, without prejudice to any other action that Les Vignobles Foncalieu may take against the Customer in this respect.
Payments made by the Customer will not be considered final until Les Vignobles Foncalieu has received the sums due.
In addition, Les Vignobles Foncalieu reserves the right, in the event of non-compliance with the terms of payment set out above, to suspend or cancel the delivery of current orders placed by the Customer.
In view of the increasing incidence of fraud in online commerce and in order to secure payments, for all orders placed by a Customer on the lesvignoblesfoncalieu.com site, Les Vignobles Foncalieu will check the elements of the order before delivery.
Les Vignobles Foncalieu reserves the right to cancel all non-compliant or dubious orders, as well as those from a Customer with whom there is any dispute. Les Vignobles Foncalieu reserves the right to refuse any order for legitimate reasons, particularly if the quantities ordered are abnormally high in relation to the quantities usually ordered by customers in their capacity as consumers.
Shipping and delivery times
a) In-store collection :
The customer can opt, free of charge, for collection at the Boutique, Le Comptoir de la Cité. Orders must be collected during the store’s opening hours: Tuesday to Saturday, 10.00 am to 7.30 pm. It will be ready within 48 hours. To withdraw an order, the Customer must provide proof of the order acknowledgement sent by email specifying the order reference as well as his/her identity. Valid identification may be required. If a third party comes to collect the order on behalf of the Customer, they must be in possession of the confirmation e-mail, a written mandate from the Customer and a copy of the Customer’s identity card. The Customer must withdraw the Products ordered at the latest within 7 days of the information sent by e-mail, failing which the sale will be cancelled ipso jure and without formal notice, to the benefit of Les Vignobles Foncalieu.
b) Delivery via a carrier :
Terms of delivery
Les Vignobles Foncalieu has chosen the carrier DHL to deliver its Products.
The Customer may choose among the delivery options (address and delivery date) proposed by the DHL carrier.
For further details on delivery terms and conditions, the Customer may refer to the documents available –> here <-- Delivery will take place at the delivery address indicated by the Customer at the time of ordering and at the date and time agreed with the DHL carrier. The customer is solely responsible for any failure to deliver due to incorrect or missing information at the time of ordering. The customer undertakes to be present on the agreed date, or to entrust the receipt of the goods to a third party of his choice. In the event of absence, a second delivery will be made the following day. If the recipient is still not present, an SMS will be sent again to reschedule the appointment. If delivery is still not made after this second appointment, Les Vignobles Foncalieu will request the return of the goods. The cost of "return" transport and, where applicable, reshipment will be borne by the customer. Delivery charges Delivery charges are clearly detailed in the order and included in the price to be paid. Delivery charges include packaging, handling and postage. Amounts may vary according to delivery method. In any case, the amount of the delivery costs is indicated to the Customer with the validation of the order. Delivery time Delivery times are given in working days and correspond to the average time for availability, preparation and dispatch of the order, from the time of order confirmation. The indicative delivery time for customers is as follows: 2 to 5 working days. Delivery is constituted by the transfer to the Customer of physical possession of the Product. The deadline is given as an indication. However, if the Products have not been delivered within 7 days of the indicative delivery date, and if this delay is not due to Force Majeure or an act of the Customer, the latter may cancel the sale subject to compliance with the conditions set out in Articles L216-2 et seq. of the French Consumer Code: Sending a registered letter with acknowledgement of receipt to the following address: Les Vignobles Foncalieu, Domaine de Corneille, 11290 Arzens, or by writing on another durable medium, or by another writing on a durable medium (electronic message for example) enjoining Les Vignobles Foncalieu to make the delivery or provide the service within a reasonable additional period of time. In the event that Les Vignobles Foncalieu has not complied with this new deadline, the Customer may, in the same way, inform Les Vignobles Foncalieu that it is terminating the Contract. The Contract shall be deemed to have been terminated on receipt of the letter or writing informing the professional of such termination, unless he has performed between the sending of the letter by the consumer and its receipt. The sums paid by the Customer will then be reimbursed in full no later than fourteen (14) days following the date of termination of the Contract. The Customer is responsible for checking that the Products delivered are in good condition. Any anomaly noted (missing product, damaged parcel, broken product, etc.) must be indicated on receipt of the parcel in the presence of the carrier.
Transfer of ownership and risk
Les Vignobles Foncalieu reserves ownership of the Product until full payment of the order, i.e. receipt of the order price by Les Vignobles Foncalieu, regardless of the date of delivery of the Product.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating to them will only take place when the Customer takes physical possession of the Products.
The Customer and Les Vignobles Foncalieu shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code.
Right of withdrawal
In accordance with the legal provisions in force, the Customer benefits from a withdrawal period of fourteen days from receipt of their order by the Customer or a third party designated by the Customer.
During this period, the Customer has the right to return the Products, without having to justify his reasons or pay any penalty, for exchange or reimbursement.
This right of withdrawal is exercised provided that the Products are returned in their original packaging, in perfect condition, unopened, within 14 days of notification to Les Vignobles Foncalieu of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories) to enable them to be remarketed as new, accompanied by the purchase invoice.
To exercise this right, the Customer must notify his decision to withdraw:
By post to the following address Les Vignobles Foncalieu, Domaine de Corneille, 11290 Arzens, using the withdrawal form available in the appendix to these GTCS
Using the electronic form available for download –> HERE <-- or in the "Legal notice" section at the foot of the page. By means of an unambiguous statement expressing the customer's wish to withdraw from the contract and addressed to Les Vignobles Foncalieu, Domaine de Corneille, 11290, Arzens. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer. It is recommended that the Customer use a parcel tracking service to return the Product. The customer must keep proof of delivery of the parcel to the service provider responsible for the return. In the event of a dispute, proof of shipment rests with the Customer. In the absence of this proof, no exchange or refund will be made in the event of loss of the parcel. Reimbursement of payments received, including delivery charges, will be made within 14 days of the day on which Les Vignobles Foncalieu is informed of the decision to withdraw. However, Les Vignobles Foncalieu may defer reimbursement until it has received the Product or until the Customer has provided proof of shipment of the Product, whichever comes first. Les Vignobles Foncalieu will make the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly agrees to a different means. Les Vignobles Foncalieu reminds the Customer that the right of withdrawal cannot be exercised for contracts for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional.
In accordance with the legal provisions in force, the Products supplied by Les Vignobles Foncalieu benefit by right and without additional payment, independently of the right of withdrawal, from the legal guarantee of conformity under the conditions of article 211-4 and following of the Consumer Code for Products apparently defective, damaged or not corresponding to the order, and from the legal guarantee of hidden defects provided for in articles 1641 and following of the Civil Code.
When the Customer acts under the legal warranty of conformity, he :
Has a period of two years from delivery of the property to take action
May choose between repair or replacement of the good, subject to the cost conditions set forth in Article 211-9 of the French Consumer Code;
Is exempt from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
This legal warranty applies independently of any commercial warranty granted by Les Vignobles Foncalieu.
The customer benefits from the warranty against hidden defects of the item sold as defined in article 1641 of the French Civil Code. In this case, he may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
When the Customer acts under the legal warranty of conformity, he : Has a period of two years from delivery of the property to take action May choose between repair or replacement of the good, subject to the cost conditions set forth in Article 211-9 of the French Consumer Code; Is exempt from proving the existence of the lack of conformity of the good during the 24 months following the delivery of the good. This legal warranty applies independently of any commercial warranty granted by Les Vignobles Foncalieu. The customer benefits from the warranty against hidden defects of the item sold as defined in article 1641 of the French Civil Code. In this case, he may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
Legal warranty of conformity
A Product is in conformity if it corresponds to the description given by Les Vignobles Foncalieu and if it has the qualities that a purchaser may legitimately expect.
The Customer may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he contracted or the fact that the Product does not correspond to a special intended use and which has not been brought to the attention of Les Vignobles Foncalieu.
In addition, the warranty does not cover defects, deterioration or anomalies of any kind which did not exist at the time of delivery of the Product and which result, in particular, from abnormal use or storage of the Products by the Customer.
Legal warranty against hidden defects
Les Vignobles Foncalieu warrants against all harmful consequences of defects and latent defects that may be revealed by the Products sold, provided that the latter are reported without delay to Les Vignobles Foncalieu and in any event within two years of the discovery of the defect.
Upon delivery of the order, the Customer must check the Products. Les Vignobles Foncalieu shall not be held liable for defects that the Customer could detect after an apparent examination of the delivered Product.
All deterioration, including aesthetic deterioration, resulting from defects or hidden faults which appear with use and of which the Customer could not have been aware at the time of delivery, are covered by the warranty, provided that they render the Product unfit for the use for which it is intended, or reduce this use to such an extent that the Customer would not have purchased it, or would have paid a lower price for it, if he had been aware of them.
In any event, the Customer must provide proof of the existence of the hidden defect on the date of delivery of the Product.
The content of the lesvignoblesfoncalieu.com website (photos, texts, ergonomics, graphic charter, etc.) is the property of Les Vignobles Foncalieu and is protected by French and international laws relating to intellectual property.
The logos or any other commercial designation used to represent the Products on the Site, whether registered or not, belong to Les Vignobles Foncalieu.
Any total or partial reproduction of this content, by any means and on any medium whatsoever, is strictly prohibited and may constitute an infringement of copyright.
The “double-click” procedure combined with the authentication and non-repudiation procedure and the protection of all messages constitute an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.
The computerized registers, kept in the computer systems of Les Vignobles Foncalieu under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
Amicable settlement of disputes
In the event of a dispute, Les Vignobles Foncalieu will make every effort to resolve it amicably within the framework of these general terms and conditions of sale.
All disputes arising from the purchase and sale transactions concluded in application of these GTC, concerning their validity, interpretation, execution, termination, consequences and consequences, and which could not be resolved between the seller and the customer, will be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to consumer mediation or any other alternative dispute resolution method (conciliation, for example).
In accordance with Article L. 612-1 of the French Consumer Code, you may have free recourse to the MEDICYS mediation service to which we belong by electronic means: — HERE> < --- or by post: MEDICYS - 73 Boulevard de Clichy - 75009 PARIS". This mediation service is entirely free of charge, with Les Vignobles Foncalieu covering the mediation costs. However, Les Vignobles Foncalieu and the Customer may be assisted, at their own expense, by a consultant or expert. In addition, the European Commission provides consumers with an online dispute resolution platform: ---> < --- As a last resort and in case of failure of the previous approaches, the present GCS are governed by French law. The competent court in the event of a dispute shall be that of the Customer's place of residence or, at the option of the claimant, the place of actual delivery of the Product. The customer may also bring the matter before the courts of the place where he lived at the time the contract was concluded or at the time the harmful event occurred.
The collection and processing of personal data is necessary for the execution of the order and, in particular, for the preparation of invoices.
These processes comply with the relevant regulations in force.
The customer has a permanent right of access, rectification, opposition, portability and limitation of such processing.
Article L221-15 of the French Consumer Code:
The professional is automatically liable to the consumer for the proper performance of the obligations arising from the distance contract, whether these obligations are performed by the professional who concluded the contract or by other service providers, without prejudice to his right of recourse against them.