General Terms and Conditions of Sales Preliminary Section - Legal information The following provisions establish the general conditions of sale of the products offered for sale on the website www.vignes-et-vergers.fr (hereinafter the «Website») by the company SAS HUBERT LESTIMÉ (trade name VIGNES ET VERGERS), with capital of 10,000,00 euros, registered in the RCS of Dijon under number 822 284 683, whose registered office is located at 1, ruelle des Rebichets – 21190 Chassagne-Montrachet - France (hereinafter referred to as "HUBERT LESTIMÉ"). INTRACOM VAT number : FR 16 822 284 683 Phone: +33 3 80 24 60 45 The Site is hosted by the company: Oxatis - 171 bis Chemin de la Madrague-Ville - 13002 Marseille - +33 4 86 26 26 26. Section 1 - Purpose The purpose of these General Terms and Conditions of Sale (hereinafter "GTCS") is to define the terms and conditions of sale at a distance between HUBERT LESTIMÉ, on the one hand, and any natural person who is not a merchant and is of legal age (hereinafter the "Customer"), making a purchase on the Site, on the other hand. These GTCS, written in English, specify in particular the different steps necessary for the placing of the order by the Customer, the payment and delivery terms and the tracking of the Customer’s order. Pursuant to Section L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and commits to be over 18 years old on the date of the order. Section 2 - Products The Products offered for sale by HUBERT LESTIMÉ are those listed on the Site on the day of its consultation by the Customer (hereinafter «the Products»). The Products are presented by means of an information sheet (product description, composition and price) elaborated with the maximum accuracy and precision to allow a description of the most faithful and complete. However, given the method of digital presentation of the Products on the Internet network, it is possible that the Customer’s perception of the photographic representation of the Products does not correspond exactly to the Product itself. HUBERT LESTIMÉ reserves the right at any time to add new Products, to remove all or part of the Products presented for sale on the Site, to modify their presentation, without any special formalities towards Internet users. HUBERT LESTIMÉ is committed to delivering Products that meet the requirements in force relating to the safety and health of persons in accordance with EU rules. Section 3 - Prices The prices of the Products are those appearing on the Site on the day of its consultation by the Customer. The prices of the Products are indicated in euros and are inclusive of VAT, excluding delivery costs which remain at the expense of the Customer except mentions or special conditions. The amount of delivery costs in addition is indicated to the Customer when placing his order. The Products remain the property of HUBERT LESTIMÉ until the price has been paid in full. Section 4 - Order Any order constitutes acceptance of the prices and description of the Products available for sale. HUBERT LESTIMÉ commits to execute orders received on the Site only within the limits of available stocks of the Products. If one or more products(s) ordered are not available, HUBERT LESTIMÉ commits to inform the Customer by e-mail as soon as possible. The Customer’s order for an unavailable product will then be automatically cancelled. HUBERT LESTIMÉ reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or which presents any form of risk. The placing of order by the Customer implies its full and unreserved acceptance to these GTCS. 4.1 Order placement In order to materialize its order on the Site, the Customer must follow the following steps: Step 1. Add the selected Product or Products to the shopping cart; access to the shopping cart is possible at any time for modification or validation; Step 2. Validate your shopping cart after checking its contents; Step 3. If not done previously, access your account indicating your username and password; in the event that the Customer does not already have an account on the Site, create your customer account and fill in the required information regarding your identity; Step 4. Complete and confirm the contact details necessary for delivery and invoicing Step 5. On the delivery page, choose a delivery method; Step 6. On the payment page, choose a mean of payment. Step 7. On the order confirmation page, check all the information and validate your order. The Customer hereby declares to accept the order and all of these General Terms and Conditions of Sale in full and without reservation. In case of payment through credit card, the Customer will be redirected to the secure online payment site to validate the payment. The information provided by the Customer at the time of the order is binding on the latter. In case of error or incomplete mention in the wording of the contact details of the addressee, HUBERT LESTIMÉ cannot be held responsible for the non-receipt or pending of a package, nor for the final quality of the delivery. The Customer’s final acceptance is materialised by the validation of his bank details (credit card number, expiry date and cryptogram). 4.2 Order Confirmation Within the hour following the placing of his/her order, the Customer will receive an e-mail confirming:
Section 5 – Payment terms 5.1 Means of payment Payment is made in full upon order, either by cheque, by bank transfer or by credit card. 5.2 Payment by cheque (from a French Bank only) For this method of payment, the Customer must send a cheque of the total amount of the order to the address indicated when placing the order: SAS Hubert Lestimé – 1, ruelle des Rebichets – 21190 Chassagne-Montrachet - FRANCE The cheque is to be made payable to : SAS HUBERT LESTIMÉ. Payment by bank check is subject to verification of usage and the processing and validation of the order can thus take more time. The observed delay varies between 2 and 10 days depending on the banks. The order will only be sent once HUBERT LESTIMÉ has checked the receipt of the sum corresponding to the total amount of the order. If the payment of the order has not reached the above mentioned address within 8 days, HUBERT LESTIMÉ reserves the right to cancel the order. 5.3 Payment by bank transfer For this payment method, the Customer must transfer the sum corresponding to the total amount of the order using the following bank details: Bank : Crédit Mutuel BIC/SWIFT: CMCIFR2A IBAN : FR76 1027 8025 0400 0209 5179 868 The transfer must be sent within 8 days. The Customer must indicate the order number in the reason for the transfer. Payment by bank transfer is subject to usage checks and the processing and validation of the order may take longer. The observed delay varies between 2 and 10 days depending on the banks. The order will only be sent once HUBERT LESTIMÉ has checked the receipt of the sum corresponding to the total amount of the order. If the payment of the order has not reached the above mentioned address within 10 days, HUBERT LESTIMÉ reserves the right to cancel the order. 5.4 Payment by credit card – security of the payments Payment is made online by credit card when the order is placed by the Customer. Accepted cards are: Carte Bleue, Visa, Mastercard, American Express. The bank account corresponding to the bank card used for the payment will be debited after the validation of its order. HUBERT LESTIMÉ reserves the right to cancel an order that presents, during the verification of bank details, a risk of fraudulent use of credit card. HUBERT LESTIMÉ reserves the right to refuse to honour an order from a customer who has not fully or partially settled a previous order or with which a payment dispute is in progress. All purchases made on the Site are protected and secured 7 days a week and 24 hours a day. By clicking on the bank card of their choice, the Customer is directed to the secure payment site MONETICO – CREDIT MUTUEL which incorporates the SSL security standard. Upon payment, the Customer shall indicate his card number, the validity date and the cryptogram on the back of his credit card. This data is automatically transmitted in encrypted mode (SSL protocol) to be checked to avoid abuse and fraud. Encrypted bank details disappear automatically after full payment. Section 6 - Delivery 6.1 Delivery methods HUBERT LESTIMÉ delivers orders to the European Union, Switzerland and the United Kingdom. The delivery of wines and alcoholic beverages is limited to Metropolitan France. The Customer may choose his delivery method from those offered on the Site. Colissimo The package is delivered to the Customer by hand or delivered to his/her mailbox. If its size does not allow a delivery in the mailbox, it will be made available to the Customer in the post office to which the Customer is attached. He/she has 10 working days since the arrival of his parcel at the post office to come and collect it. After this period, it will be returned to the sender. In any case, the Customer is informed, by email, 24 hours before the delivery of the parcel. Chronopost The package is normally delivered the day after shipment, before 1 pm Monday to Friday, except holidays in Metropolitan France. The package is delivered to the Customer in person Store delivery HUBERT LESTIMÉ offers customers the possibility to pick up their parcel in the Vignes & Vergers shop located at 1, ruelle des Rebichets – 21190 Chassagne-Montrachet - France The Customer is then prompted to select a pick-up date and time. The Customer may collect his parcel only on presentation of his order summary and an identity card. 6.2 Delivery time The average delivery time includes the processing time of orders by the services of HUBERT LESTIMÉ from Tuesday to Saturday (except holidays) as well as the transport times practiced by the Post Office or other means of delivery. Any order placed on a working day (Tuesday to Saturday) before 11 am will be prepared on the same day. When the order is placed in the afternoon or on a non-working day, HUBERT LESTIMÉ will process the order on the next working day. Consequently, the delivery time, including transport, means a period of 2 to 10 working days. In any case, the Customer automatically receives an email informing him of the shipment and the tracking of his order. 6.3 Error in delivery address The Customer is required to pay particular attention to the details filled in the order form and in particular to the delivery address. In case of error of the Customer in the delivery address, the parcel will be returned by the carrier with the indication NPAI (« n’habite pas à l’adresse indiquée » which means «does not live at the indicated address»). In this case, the Customer is reimbursed for the entire order at the invoiced price excluding delivery. Delivery costs remain the responsibility of the Customer. Section 7 – Transfer of risk From the moment of delivery, the products come under the responsibility of the Customer. No claim can be made to HUBERT LESTIMÉ for any loss, and/or damage of the products sold, as well as for the damage they could cause. Section 8 – Right of withdrawal In accordance with Section L.221-18 of the French Consumer Code, the Customer has a deadline of 14 (fourteen) days from the date of receipt of the Products ordered to inform HUBERT LESTIMÉ of his willingness to return one or more items without having to justify reasons or pay penalties, except for return costs. After this period, the delivered items will be deemed accepted by the Customer. The Products must be returned in their original package in registered with request for acknowledgement of receipt accompanied by the purchase invoice, to HUBERT LESTIMÉ within 14 days following the transmission of the Customer’s decision to make his right of withdrawal to the following address: SAS HUBERT LESTIMÉ 1, ruelle des Rebichets 21190 Chassagne-Montrachet France HUBERT LESTIMÉ commits to reimburse the Customer upon receipt and control of the products. The returned products must be in perfect condition for resale. Open, incomplete, damaged or soiled products may not be returned. If the return is refused by HUBERT LESTIMÉ, the Products will then be returned to the Customer at the latter’s expense without the latter being able to demand any compensation or right to refund, except for the subsequent exercise of its warranty rights on the Products sold. The refund will take place either by re-credit of the bank card entered during the order, or by bank check. The refund will not incur any additional financial costs for the Customer. Section 9 - Legal warranty of conformity of the Products and warranty against latent defects The provisions of this Section concern exclusively Products purchased directly from HUBERT LESTIMÉ. Any defective or non-compliant item delivered by a reseller shall be subject to a claim to the reseller for replacement or refund. All Products benefit from the legal warranty of conformity (L.217-4 et seq. of the French Consumer Code) and the warranty against defects (Sections 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products delivered. Section L.217-4 of the French Consumer Code: The seller delivers a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.” Sections L.217-5 of the French Consumer Code: “The good complies with the contract: 1) If it is suitable for the customary use of a similar good and, if applicable: - it corresponds to the description given by the seller and has the qualities which he has presented to the buyer in the form of a sample or model; - if it presents the qualities which a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.» Section L.217-12 of the French Consumer Code: "The action resulting from the lack of conformity is prescribed after two years from the issue of the good." Any claim must be sent to HUBERT LESTIMÉ by registered letter with acknowledgement of receipt to the following address: SAS HUBERT LESTIMÉ 1, ruelle des Rebichets 21190 Chassagne-Montrachet France Section 10 - Cookies HUBERT LESTIMÉ, like the vast majority of websites, uses cookies to recognize the Customer and distinguish him/her from other users in order to facilitate his/her navigation on the Site. The Customer has the right to access, withdraw and modify personal data communicated via cookies (more information on the CNIL website). The Customer can block cookies by activating its browser setting. However, in this case, the Customer will no longer be able to access several essential features of the Site. Section 11 – Intellectual property rights All elements of the Site, whether visual or sound, including the underlying technology, are the exclusive property of HUBERT LESTIMÉ and enjoy both the protection of copyright and the protection conferred by the provisions relating to trademark and/or patent law. The total or partial reproduction of any of these elements, on any medium whatsoever and for any reason whatsoever, without the prior and express consent of HUBERT LESTIMÉ is strictly prohibited. Section 12 - Force majeure In the event of force majeure as defined by the case law, the performance of HUBERT LESTIMÉ’s services will be suspended in whole or in part. In accordance with Section 1218 of the Civil Code, there is force majeure when an event beyond the control of HUBERT LESTIMÉ, which could not be reasonably foreseen and whose effects cannot be avoided by appropriate measures, prevents the performance of its obligation by HUBERT LESTIMÉ. Section 13 – Limit of liability Placing an order implies knowledge and acceptance of the characteristics and limitations of the Internet, in particular with regard to technical performance, response times to consult, query or transfer information, risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible diversions and the risk of contamination by possible viruses circulating on the Internet. Consequently, HUBERT LESTIMÉ cannot be held liable under any circumstances for any direct or indirect damage resulting from any interruption, malfunction of any kind, or any direct or indirect damage resulting in any way, a connection to the Site. It is the responsibility of any person connecting to the Site to take all appropriate measures to protect its own data and/or software stored on its computer equipment against any breach. The connection of any person to the Site is his or her sole responsibility Section 14 - Modification of these Terms and Conditions These Terms and Conditions apply as long as they appear on the Site. HUBERT LESTIMÉ reserves the right to modify them at any time. If applicable, the new modified Terms and Conditions will apply only to orders placed after this change. Last GTCS update date: February 24th, 2021 Section 15 – Litigation – Applicable Law These GTCS are governed by French law. Any dispute that may arise between the Parties as a result of the formation, interpretation and/or enforcement of this Agreement shall, in the absence of amicable settlement, fall within the exclusive jurisdiction of the Courts of Dijon. |