General sales conditions - Internet
The SARL MDCV aims to market quality wines with its customers to which it wishes to provide the best service. These general conditions of sale, hereinafter "CGV" were written in this spirit. They apply to all our prices, canceling the previous ones and can be modified without notice. The provisions of our GTC prevail over those of the special conditions of purchase of the customer which are worth only points not provided for and settled by our GTC and within the limit of their written acceptance by the SARL MDCV.
Article 1 - Field of application
These CGVs apply, without restriction or reserve for any purchase of goods and products ('the goods' or 'products') offered by the SARL MDCV ('the Seller' or 'the supplier') to consumers and customers not Professionals ('customers or the customer or consumer or consumers') on its website www.chateauberne-vin.com, hereinafter "the Site". Access to the site is free and free.
The main and essential characteristics of wines and products are presented on the site.
The customer is required to read it before any order placing. The choice and purchase of a product is the sole responsibility of the customer.
The SARL MDCV is a limited liability company with a capital of 971,000 euros, the head office of which is located route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
These conditions apply to the exclusion of all other conditions, and in particular those applicable for other product marketing circuits.
These CGVs are accessible at any time on the site and will prevail, if necessary, on any other version or any other contradictory document. The GTC are made available to consumers on the site through the hypertext link "General Conditions" where they are directly available; They can also be communicated to the consumer on request.
The consumer undertakes by validating his order and these GTC to be major and have legal capacity.
Unless proven otherwise, the data recorded in the seller's computer system constitute proof of all transactions concluded with the customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and in Justifying his identity, in Sarl MDCV Route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
The Customer declares that they have read these GTC and have accepted them by checking the box provided for this purpose before the implementation of the online order procedure as well as the general conditions of use of the Site. Unless proven otherwise, the data recorded by the SARL MDCV constitutes proof of all the transactions passed by the SARL MDCV and the customer via the site.
The validation of the ordering of products by the Customer is incorporated without restriction or reserve of these GTCs.
These CGVs that can be subject to subsequent modifications, the version applicable to the purchase of the Customer is that in force on the site on the date of ordering the order.
The products presented on the site are offered for sale for European territories.
Customs duties or other local taxes or import rights or state taxes are likely to be due. They will be the responsibility and are the sole responsibility of the customer.
The changes to these GTC are enforceable against the users of the site from their online putting and cannot apply to the transactions previously.
Article 2 - Orders
The customer selects the products he wishes to order on the site, according to the following terms: the customer chooses his products and clicks on "Add to the basket". Then the customer goes to his basket, checks that the information is correct and He will choose his payment method. He must click on "Validate". Then he must connect to his account or create one and must make the payment.
The contractual information is presented in French and is the subject of confirmation at the latest at the time of the validation of the order by the Customer.
For orders placed exclusively on the Internet, the registration of an order on the seller's website is carried out when the customer accepts these CGV by checking the box provided for this purpose and validates his order. The customer has the possibility of verifying the details of his
Order, its total price and correct any errors before confirming its acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all CGVs and constitute proof of the sales contract.
The sale of products will only be considered final after sending the customer to confirm the acceptance of the order by the seller, by email and after collection by the whole price.
Any order placed on the site constitutes the training of a contract concluded at a distance between the customer and the seller.
SARL MDCV 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.
Any changes in the order by the Customer, except the exercise of his right of withdrawal can only be taken into account by the seller within the limit of his possibilities and provided that you are notified electronically to the Seller, one day At least before the scheduled date for the supply of the products ordered. If necessary, these modifications will give rise to the establishment of a new invoicing and an adjustment of the price.
In the event that these modifications could not be accepted by the seller, the sums paid by the Customer will be returned to him within a maximum period of two months from the notification of the impossibility of accepting the modifications made by the Seller to of the customer (unless he prefers to benefit from a credit).
Article 3 - Prices
The wines and products offered by the seller are provided at the prices in force on the site, when registering the order by the seller. The prices are expressed in euros including tax.
The prices take into account any reductions which would be granted by the seller under the conditions specified on the site.
These prices are firm and not revisable during their period of validity, as indicated on the site, the seller reserving the law, excluding this period of validity, to modify the prices at any time.
They do not include the processing and management and transport costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the placing of the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the seller and awarded to the customer when providing the products ordered.
Article 4 - Payment Conditions
The price is payable cash, entirely on the day of the order by the Customer, according to the terms specified in the article "Orders" above, by secure payment routes
- by bank card, visa, mastercard, soul
- by personal or banking check
In the event of payment by bank check, it must be issued by a bank domiciled in mainland France or in Monaco.
The collection of the check is made upon receipt.
Payment data is exchanged in encrypted mode.
The seller will not be required to provide the products ordered by the Customer if the price has not been previously set to him in full under the conditions and above indicated.
The payments made by the customer will only be considered final after effective collection of the sums due by the seller.
Article 5 - Products supply - Delivery deadlines and costs
The products commissioned by the customer will be delivered by road carriers (Schenker jewel or alloin or other ...) within deadlines of 3 to 30 days from the final validation of the customer's order and this according to the providers of Delivery, under the conditions provided for in these GTCs supplemented by the special conditions of sale given to the Customer jointly in these CGVs, to the address indicated by the Customer when ordering on the Site.
The seller undertakes to make his best efforts to provide the products commissioned by the Customer, as part of a means obligation and within the above time specified.
If the products ordered are unavailable, the seller will inform the customer immediately the consumer and will be able to offer him a product of quality and an equivalent price.
If the products ordered have not been provided within 30 days of the order, for any other cause than force majeure or the fact of the customer, the sale may be resolved at the customer's written request under the conditions provided for in articles L 216-2 L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days of the date of denunciation of the contract, excluding any compensation or retained.
In the event of a specific request from the Customer concerning the conditions for providing services, duly accepted in writing by the service provider, the related costs will be subject to a subsequent additional additional invoicing.
In the absence of reservations or complaints expressly issued by the customer when receiving the products, they will be deemed to be in accordance with the order, in quantity and quality.
The Customer will have 14 days from the delivery of the products to issue such reservations or complaints in writing, with all related supporting documents, with the seller.
No complaint can be validly accepted in the event of non -compliance with these formalities and deadlines by the customer.
The seller will reimburse the customer as soon as possible and at his expense, according to the adequate terms and approved by the customer, the products whose lack of compliance will have been duly proven by the customer.
Article 6 - Duration of the offer
The online sales offers presented on the site are valid, in the absence of an indication of particular duration, as long as the products appear on the site and within the limits of available stocks.
Article 7 - Right of withdrawal
The customer has, in accordance with the law of a 14 -day withdrawal period from product receptionTo exercise his right of withdrawal with the seller and cancel his order, without having to justify reasons or to pay penalty, to the end of exchange or reimbursement.
The right of withdrawal can be exercised by post -post addressed to the address of the SARL MDCV or an email at the address "firstname.lastname@example.org" mentioning the order concerned by this withdrawal according to the form model:
Withdrawal form model
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of MDCV SARL, route de la Garde-Freinet, Châeau des Bertrands, 83340 Le Cannet-des-Maures.
I/We notify you/Notify by this MA/Our withdrawal of the contract relating to the sale of the property below:
Ordered the ......./ received the ........
Name of/(of) consumer (s):
Address of/(des) consumer (s):
Signature of the consumer (s):
In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the products ordered as well as initial shipping costs are reimbursed. Only return costs are the responsibility of the customer
The refund of the sums actually set by the customer will be made no later than 14 days from the receipt, by the seller, of the notification of the customer's withdrawal.
Article 8 - Responsibility of the service provider - Guarantee
The seller guarantees, in accordance with legal provisions and without additional payment, the Customer, against any lack of compliance, coming from a design or manufacturing defect of the products ordered.
In order to assert their rights, the Customer must inform the seller, in writing or by email, of the existence of compliance defects within a maximum of 14 days from the supply of products.
The seller will reimburse or rectify or will rectify (as far as possible) the products deemed defective as soon as possible. The reimbursement will be made by credit to the customer's bank account or by bank check addressed to the customer.
The seller's warranty is limited to the reimbursement of products actually paid by the Customer and the Seller cannot be considered responsible or defaulting for any delay or non -performance following the occurrence of a force majeure usually recognized by French case law.
The products provided through the seller's site comply with the regulations in force in France. The seller's responsibility cannot be engaged in the event of non -compliance with the legislation of the country in which the products are provided, that it belongs to the customer, who is solely responsible for the choice of the products ordered, to check.
Pursuant to the decree of 18 Dé Démé Bre 2017 in his article 1, the seller guaranteeing the compliance of the property on the contract is the company: MDCV Sarl Route de la Garde Freinet, Château des Bertrands, 83340 Le Cannet des Maures.
The seller specifies in accordance with article 2 of the same decree, that it is required from the defects of conformity of the property to the contract under the conditions of article L.211-4 and following of the Consumer Code and hidden defects of The thing sold under the conditions provided for in articles 1641 and following of the Civil Code.
Finally in accordance with article 3 of the same decree, the seller specifies that when he acts as a legal guarantee of compliance, regardless of the commercial guarantee, the seller:
- benefits from a period of two years from the issuance of the property to act
- Fear to choose between repair or replacement of the property, subject to the cost conditions provided for in article L 211-9 of the Consumer Code
is exempt from reporting proof of the existence of the lack of conformity of the property during the six months following the delivery of the property. This period is increased to twenty-four months as of March 18, 2016, except for second-hand goods.
The seller finally specifies that the consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of articles 1641 of the Civil Code and that this hypothesis, he can choose between the resolution of the contract or a reduction in price of Sale in accordance with article 1644 of the Civil Code.
Article 9 - IT and freedoms
Pursuant to law 78-17 of January 6, 1978, it is recalled that the personal data which is requested from the Customer are necessary for the processing of their order and the establishment of invoices, in particular.
These data can be communicated to any partners of the seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the site has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force of a right of permanent access, modification, rectification and opposition with regard to information concerning him. See CNIL opposition form:
This right can be exercised under the conditions and according to the terms defined on the site.
Article 10 - Intellectual property
The content of the site is the property of the seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
In addition, the seller remains the owner of all intellectual property rights in photographs, presentations, studies, drawings, models, etc., carried out (even at the customer's request) for the supply of products to the customer. The customer therefore refrains from any reproduction or exploitation of said studies, drawings, models, etc., without the express, written and prior authorization of the seller who can condition it to a financial consideration.
Article 11 - Unforeseen
These CGV expressly exclude the legal regime for the unforeseen plan provided for in article 1195 of the Civil Code for all orders. The Seller and Customer therefore renounce everyone to claim the provisions of article 1195 of the Civil Code and the regime of the unforeseen planned therein, undertake to assume its obligations even if the contractual balance is turned upside down by circumstances which were unpredictable during the conclusion of the sale, even if their execution would prove to be excessively expensive and to bear all the economic and financial consequences.
Article 12 - Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the parties agree that in the event of a breach of one or the other of the parties to its obligations, the victim of the failure cannot request forced execution .
Article 13 - Force majeure
The parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described in these result from a case of force majeure, within the meaning of the article 1218 of the Civil Code.
The execution of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a duration of 30 days. Consequently, as soon as the cause of the suspension of their reciprocal obligations will disappear, the parties will make all their efforts to resume normal execution of their contractual obligations as quickly as possible. To this end, the prevented party will warn the other of the resumption of his obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a duration of 30 days, these will be purely and simply resolved according to the methods defined in the article "Resolution for force majeure".
Article 14 - Contract resolution
It is expressly agreed that the parties can automatically resolve this contract, without summons or formality in the case of force majeure.
Article 15 - Applicable law - Language
These CGVs and the operations resulting from it are governed and subject to French law.
These GTCs are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.
Article 16 - Disputes
All the disputes to which the purchase and sale operations concluded in application of the present conditions general sales could give rise, concerning both their validitis, their interpretation, their execution, their termination, their consequences and their consequences and which could not have Being resolved between the seller and the customer will be submitted to the competent courts under the conditions of ordinary law.
These GTCs are subject to French law. In accordance with the provisions of the consumer code concerning the amicable dispute resolution, MDCV SARL Adheres to the service of the mediator of E-commerce of the Fevad (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue La Boétie-75008 Paris- http://www.mediateurfevad.fr. After a prior written approach to consumers vis-à-vis Xxx, the mediator's service can be entered for any consumer dispute, the settlement of which would not have succeeded. To find out the mediator's referral terms, click here.
In the absence of an amicable agreement of the parties, any dispute resulting from the training, interpretation or execution of these general conditions of sale or any order, will be subject to the jurisdiction of the French courts.
Name of the mediation organization: e-commerce federation and distance selling
Article 17 - Pre -contractual information - Customer acceptance
The Customer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, of these GTCs and all the information listed in article L. 221-5 of the code of code consumption, and in particular the following information:
- the essential characteristics of wines and products, given the communication medium used
- the price of services and additional costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or period at which the seller undertakes to provide the ordered products;
- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,
- information relating to legal and contractual guarantees and their implementation methods;
- the features of the digital content and, if necessary, to its interoperability;
- the possibility of using conventional mediation in the event of a dispute;
- Information relating to the right of withdrawal (existence, conditions, deadlines, methods of exercising this right and type of withdrawal), to the terms of termination and other important contractual conditions.
- The means of payment accepted.
- The photographs illustrating the products do not constitute a contractual document but comply with the products delivered.
The fact for a natural person (or legal), to order on the site takes full adhesion and acceptance of these GTCs and obligation to pay the products ordered, which is expressly recognized by the Customer, who renounces, in particular, to Available any contradictory document, which would be unenforceable in the seller.
Photo credits: Denis Faravel. The photos illustrating the products are not contractual but in accordance with the products delivered.
Ademe number : FR202084_01iady