TERMS OF SALES
General Conditions of Sale Domaine Besancenot
In addition to this, you need to know more about it.
Alcohol abuse is dangerous for health. Consume in moderation. The sale of alcohol to minors under the age of 18 is prohibited.
Last updated on February 11, 2021
Preamble
The Domaine Besancenot direct sales site is an electronic online store reserved exclusively for private buyers, accessible at the address http://www.domaine-besancenot.fr
The present general conditions of sale (hereinafter the "GTC") are intended to govern the sales contract concluded, once the order has been placed online, between the purchaser having the quality of consumer (hereinafter the " Buyer ”) and Domaine Besancenot (the“ Seller ”). The GTC are only applicable to products ordered, delivered and invoiced to Buyers established in mainland France.
1. CAPACITY - STATUS
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. By accepting these general conditions of sale, the Buyer declares:
Being older than 18 ;
• Be endowed with full exercise capacity;
• Act within the framework of their particular needs, excluding any professional activity
2. ACCOUNT CREATION
To be able to place an order, the Buyer must have an active account. Account creation can be done online at any time, from the "Connection" tab or when placing the order.
The Purchaser undertakes to provide exact information as to his identity, address and other data necessary for access and to update any modification concerning this information. The Purchaser is solely responsible for preserving the confidentiality of his access codes.
The Purchaser undertakes not to choose an abusive identifier, contrary to public order or good morals, infringing the rights of third parties, laws and regulations and the image of Domaine Besancenot.
3. ORDERS
In addition to this, you need to know more about it.
The Products offered for sale on the Domaine Besancenot online store come exclusively from the production thereof.
The functions of the Domaine Besancenot online store for setting up and processing an order are as follows:
1. the characteristics and the price of each Product is presented. The selling price of the products is that in force. The sale price of the products does not include the shipping costs invoiced in accordance with article 6 hereof.
2. The Buyer selects the Product (s) he wishes to purchase from the Seller by adding them to his "basket".
3. The Seller's Product offers are valid as long as they are visible on the Domaine Besancenot online store, while stocks last.
4. Similarly, in the particular case where the same Product is the subject of an order by several Buyers at the same time, and depending on the availability of this Product, it will only be sold to the first Buyer who records his order. The other Buyers will then be informed of the cancellation of their order and the reasons for this cancellation.
5. The Purchaser confirms the contents of his basket, reads and accepts these GTC without reservation by clicking on validation when placing his order.
6. The Buyer chooses the desired delivery method and provides the contact details required for this delivery.
7. The Buyer pays for his order by credit card (Visa or Mastercard) or Paypal.
8. The Buyer receives an email confirming his order and payment.
9. The order is then prepared and shipped.
10. The Buyer receives an email confirming the shipment (given to the carrier), giving him access to his invoice and to the delivery follow-up.
Any order signed by the Buyer constitutes a firm and final sale subject to its acceptance by the Seller and can only be called into question in the cases exhaustively listed in Articles 7 & 8 of these GTCS.
The Seller reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered are abnormally high compared to the quantities usually ordered by buyers as consumers.
4. PAYMENT
The Buyer can pay for his order by credit card (Visa or Mastercard) or Paypal via the secure payment interface made available to him for this purpose. The Buyer guarantees to be the holder or to be duly authorized to use the bank card with which he makes the payment for his order.
The Seller remains the owner of the products sold until full payment of the price and the Buyer undertakes, as long as the property is not transferred to him, to take all the necessary precautions for the good conservation of the products.
5. DELIVERY
In addition to this, you need to know more about it.
Delivery means the transfer to the consumer of physical possession or control of the good.
The geographic scope of deliveries is Metropolitan France.
Two delivery methods are offered to the Buyer:
• normal delivery;
• delivery in parcel relay, only available in mainland France (currently being created)
For deliveries outside mainland France, contact us for quotes.
The preparation and shipment (delivery to the carrier) of the Product (s) ordered is carried out within 2 working days of the date of confirmation of the order and payment. It is understood that Saturdays, Sundays and public holidays, as well as days when road transport is prohibited, are considered non-working days. The delivery time is 30 days maximum)
The Products are delivered to the address indicated by the Purchaser and shipped according to the delivery method he chose when ordering. It is therefore the sole responsibility of the Buyer to ensure that the information he communicates to the Seller for this purpose is and remains correct and that they will allow him to receive the Product (s) he buys from the Seller through the Domaine Besancenot online store. Any error or modification made by the Purchaser in the delivery information made before the actual receipt of the Product (s), whatever they may be, results in an extension of the expected delivery time. Any additional related costs will be borne by the Purchaser.
The Products travel at the expense and risk of the Seller. The transfer of risk takes place at the time of delivery to the relay point in the case of delivery by relay-parcel, and at the time of delivery to the Buyer in other cases.
The Buyer is required to carefully check his packages on delivery in order to immediately issue any reservations to the carrier. No complaint can be considered admissible if the Purchaser has accepted his packages without reservation upon delivery.
6. RIGHT OF WITHDRAWAL
6.1. Scope
Pursuant to article L221-18 of the Consumer Code, the Purchaser has a period of 14 days from receipt of the Product (s) ordered, to exercise his right of withdrawal, without having to justify reasons or pay a penalty.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the shipping costs will be reimbursed (pro rata if applicable), the return costs remaining at the responsibility of the Purchaser.
Only Products in their original condition and complete in packaging identical to that used for shipment may be returned, accompanied by proof of purchase or a copy of the invoice. Products opened (ie uncorked bottles), or having been the subject of a start of opening (cutting of the ring or alteration of the neck) by the Purchaser cannot be returned.
Pursuant to Article L. 221-28 of the Consumer Code (see below - Main applicable texts), the Buyer is informed that the right of withdrawal cannot be exercised for certain contracts.
In addition to this, you need to know more about it.
6.2. Procedure to be followed in the event of exercise of the right of withdrawal
The withdrawal procedure is as follows:
• The Purchaser notifies his decision to withdraw via the form made available to him or by means of an unambiguous declaration dated and signed specifying his contact details and allowing the Products to be identified by customer service.
• The Purchaser returns the Product (s) concerned to the address below within a reasonable period of time and, at the latest, within 14 calendar days following the communication of the Purchaser's decision to withdraw.
The Seller ensures the logistical processing of returns made by Buyers under the right of their right of withdrawal. Returns should be sent to the following address:
Domaine Besancenot
78 Rue du Faubourg St Nicolas
21200 Beaune
6.3. Refund
The refund of the returned Product (s) will be made by crediting the paypal or bank account linked to the bank card used for the payment of the order subject to the withdrawal within a maximum period of 14 calendar days from the date to which the right of withdrawal has been exercised with the Seller.
This reimbursement date may be postponed until the date of actual receipt of the Product (s) at the above address.
7. LEGAL GUARANTEE
7.1. Scope
In addition to this, you need to know more about it.
The Products benefit from the legal guarantee of conformity provided for by articles L217-4 and following of the Consumer Code and the guarantee against hidden defects provided for by articles 1641 and following of the Civil Code.
It is reminded that the Buyer:
- Benefit from a period of two years from the delivery of the property to act;
- Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
7.2. Return procedure
In addition to this, you need to know more about it.
The procedure for returning Products under the aforementioned guarantees is as follows:
• The Buyer contacts customer service, specifying that he invokes the guarantee of conformity and mentions the reasons for the return he wishes to make;
• The Domaine Besancenot Customer Service examines the request made by the Purchaser;
o If the reasons for the return are valid, we invite you to return the Products concerned to the address below, under the same conditions as those governing the exercise of the right of withdrawal (Products in their original condition and complete in identical packaging to that used for shipping, accompanied by proof of purchase or a copy of the invoice, reimbursement to the Buyer of delivery costs (pro rata, if applicable).
8. DISPUTES BETWEEN BUYER AND SELLER - APPLICABLE LAW
Any request relating to the Products, to the order, to the delivery must first be addressed to customer service which will study the follow-up to be given to this request.
If the request made by the Purchaser could not be processed by the services, or in the event of a dispute,
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. Of the Consumer Code concerning the amicable settlement of disputes: When the consumer has sent a written complaint to the professional and he has not obtained satisfaction or response within two months, he can submit his complaint free of charge to the consumer mediator. The mediator must be contacted within a maximum period of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org
or by mail CONSUMPTION & HERITAGE MEDIATION - 12 Square Desnouettes - 75015 PARIS
These GTC are subject to French law. Any dispute relating to their application, interpretation or execution which has not found an amicable agreement will be the responsibility of the Courts of the registered office of Domaine Besancenot or of the court of the department chosen by the Purchaser.
9. PERSONAL DATA
All data provided during the Buyer's visits to the Domaine Besancenot online store are strictly confidential. The data collected are in particular data relating to your account and your orders as well as those relating to your visits to the site. The Purchaser authorizes the use of his personal data by Domaine Besancenot for the purposes of processing orders, managing any incidents, monitoring the commercial relationship and, where applicable, transmitting advertising information. Domaine Besancneot ensures the security of the personal data they store.
The Buyer can modify his personal data by selecting "My account - My personal information" at the top right of the screen.
In application of the Data Protection Act of January 6, 1978, the Purchaser has the right to access, modify, rectify and delete data concerning him. He can exercise this right by sending a letter to the following address:
Domaine Besancenot
78 Rue du Faubourg St Nicolas
21200 Beaune
Please accompany your request with a photocopy of your identity document and date and sign it. You will receive a response from our services within two months of receiving the request.
10. INTELLECTUAL PROPERTY
The sales contract concluded between the Buyer and the Seller does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of one of the Seller's distinctive signs is strictly prohibited and must be subject to the prior written authorization of their owners.
11. CONTRACTUAL PROVISIONS
The nullity of a contractual clause does not entail the nullity of the general conditions of sale. The Buyer is deemed to have accepted without reservation all the provisions of these general conditions.
These GTC can be modified at any time: the applicable GTC are those in force on the date of the order placed by the buyer.
MAIN APPLICABLE TEXTS
Article L217-4 of the Consumer Code
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ”.
Article L217-5 of the Consumer Code
"The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods”.
Article L221-28 of the Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
7 ° The supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional (…) ”.
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them ”.
Article L3342-1 Public health code
“The sale of alcoholic beverages to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in drinking establishments and all shops or public places. The person who delivers the drink requires the customer to establish proof of his majority (…) ”.
WITHDRAWAL SLIP
To be completed if necessary and returned by email to contact@domaine-besancenot.fr or letter to the address Domaine Besancenot 78 rue du Faubourg St Nicolas 21200 Beaune
I, the undersigned, ............................................... ......................................... hereby declares and in accordance with the legislation on distance selling, use within the legal period of my right to renounce the purchase that is the subject of the order form.
Nature of the goods or service *: ......................................... .................................................. .........................
Date of the order (appear in your order confirmation email) *: .................................. ........................
Order number (appear in your order confirmation email) *: ................................... ............................
Customer address *: ............................................. .................................................. ...........................................
Reason (optional): ............................................. .................................................. .................................................. ............
Date *: ............................................... .....
Signature *: ............................................... .......................................
Bank details (To be completed if you wish to reimburse by transfer):
IBAN: _______ _______ _______ ________ _______ _______ _______
* Required fields
Date and signature
Headquarters: Domaine Besancenot 78 Faubourg St Nicolas 21200 Beaune
VAT number: FR 71529172009