Principle of the Grands Bourgognes loyalty program
SCOPE OF APPLICATION
The present General Conditions of Sale ("GCS") apply, without restriction or reserve, to all sales concluded between the company LIT DE VINS, trade name : "GRANDS BOURGOGNES", SARL with a capital of 55 000 €, whose head office is ZA le Saule 21220 BROCHON, registered at the RCS of DIJON under the number 421 428 566 (hereafter the "Vendor" or "GRANDS BOURGOGNES") and a consumer or non-professional customer (hereafter the "Customer") through the merchant website www. grandsbourgognes.com or the merchant website of a partner domain whose products GRANDS BOURGOGNES markets (hereinafter the "Site") as part of the "Win-Wine" concept.
These conditions apply to the exclusion of all other conditions, in particular those in force for direct sales in stores. Sales to professional customers are governed by specific conditions and they benefit from a dedicated sales department (contact: 03 80 79 29 90).
The GTC may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the Site at the date of placing the order.
Unless there is proof to the contrary, the data recorded in the GRANDS BOURGOGNES computer system constitutes proof of all transactions concluded with the Customer.
SELLER'S CONTACT INFORMATION
The coordinates of GRANDS BOURGOGNES are as follows:
GRANDS BOURGOGNES
SARL LIT DE VINS
Z.A le Saule
21220 BROCHON
Phone : 03 80 79 29 90
Email : info@grandsbourgognes.com
ORDERS
The sale will be regarded as final only after the sending to the Customer of the confirmation of the acceptance of the order by GRANDS BOURGOGNES by electronic mail and after cashing by this one of the entirety of the price.
The Customer has the possibility of checking the detail of its order, its total price and of correcting possible errors before confirming its acceptance. This validation implies the acceptance of the entirety of the present General Conditions of Sale and constitutes a proof of the sale contract.
It is thus up to the Customer to check the exactitude of the order and to announce immediately any error.
GRANDS BOURGOGNES 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.
The offers of Products are valid as long as they are visible on the site, within the limits of available stocks. In this respect, GRANDS BOURGOGNES is a retailer and, as such, will be entitled to refuse any order whose volume would be excessive.
Given the rarity of certain products, quantitative restrictions are likely to be established per household (same name, same address). Where applicable, the maximum quantity that can be purchased is restricted by the features of the Site.
It is reminded that the photographs and graphics presented on the Site are not contractual and cannot engage the responsibility of GRANDS BOURGOGNES. The Customer is required to refer to the description of each Product in order to know its properties and essential particularities.
When GRANDS BOURGOGNES cannot fulfil all or part of the order, in particular for reasons relating to the availability of products, the Customer shall be contacted as soon as possible to agree on a replacement solution: refund of the product concerned or exchange for a product of equivalent quality and value
APPROVAL FEE
Notwithstanding the provisions of Article 1587 of the Civil Code and without prejudice to the rights of the Customer under the Consumer Code (including the right of withdrawal and the benefit of the legal guarantee of conformity), the sale is firm and final without approval of the product by the Customer, who waives the right to make the purchase subject to prior tasting.
RATES
The Products are supplied at the prices in force appearing on the Site when the order is registered by GRANDS BOURGOGNES. They are expressed inclusive of tax and include the normal costs of handling, packaging and storage. They do not include transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed. Any customs duties due for deliveries outside a State that has concluded an agreement with France to eliminate them are not included in the price indicated on the Site and remain the responsibility of the Customer.
GRANDS BOURGOGNES reserves the right to modify the prices of its products at any time.
The payment requested from the Customer corresponds to the total amount of the purchase, including these expenses.
Where applicable, the Customer may benefit from free shipping costs according to the conditions specified on the "deliveries" page of the Site.
A loyalty program also allows the Customer to benefit from discounts according to the conditions specified on the page "loyalty points program" of the Site.
PAYMENT CONDITIONS
The price is payable in full on the day the order is placed by the Customer, at his or her choice: by secure payment by credit card, via Paypal or by bank transfer according to the indications on the Site.
When the Customer chooses to pay by bank transfer, he/she has five (5) working days for his/her payment to be effective. If payment is not made within this period, the order will not be honored.
As part of its action to combat fraud on the Internet, GRANDS BOURGOGNES may be required to check the bank details and/or identity of customers before any delivery. By placing an order on the GRANDS BOURGOGNES site, the Customer undertakes to provide GRANDS BOURGOGNES with the requested supporting documents. In the absence of communication of the elements requested within the time allowed, the latter reserves the right to cancel the order object of the verification.
In accordance with the law, we must remind you that the fact of validating your order implies the obligation to pay the price indicated.
Methods of securing your payments
In order to ensure the security of payments, the Site uses a secure payment service: "Cyberplus Paiement", (offered by the Banque Populaire group). This service integrates the SSL security standard. When the order is validated, the payment request is routed in real time to the secure telepayment manager. The latter sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.
When a payment transaction is issued, TLS (Cryptographic Protocol) technology is activated to maintain a secure connection and protect the data. This solution allows the buyer to make purchases of Products in complete security. The bank details of the purchaser paying by credit card are not kept by GRANDS BOURGOGNES and are transmitted directly to the online payment solution.
DELIVERY
The Products ordered by the Customer will be delivered to the address of his choice, located in one of the eligible countries of the European Economic Area (the list of eligible countries is recalled on the page "deliveries" of the Site, within the shipping time indicated during the ordering process. In case of multiple orders, the furthest delivery time will apply.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
The Customer can according to his choice:
withdraw the products directly to the store: ZA les Saules, 21220 BROCHON within the time and at the times specified during the ordering process or
have the products delivered to the relay point of his choice by one of our transport providers or
to be made deliver the products with the address of its choice (located in the European Economic Area) by one of our providers of transport.
GRANDS BOURGOGNES undertakes to make its best efforts to deliver the products ordered by the Customer within the time specified at the time of the order.
The Customer is informed that the relay points have a limited reception capacity which is not communicated to GRANDS BOURGOGNES and of which it cannot, consequently, inform you. In this case, our transport provider delivers the order to the nearest relay point that has not reached its maximum capacity.
When the Customer who has chosen to collect his order in a store has not come to collect it more than two calendar months after it has been made available, GRANDS BOURGOGNES reserves the right to reimburse him and put the products back on sale.
The Products are dispatched from Monday to Thursday, except public holidays. In order to preserve the quality of the Products and to avoid storing them in unsuitable conditions, no shipment shall take place on Fridays or the day before a public holiday. For the same reasons, no shipment will take place in case of extreme temperatures.
For the purposes of this Agreement, extreme temperature means a temperature announced 48 hours prior to the scheduled shipment date at the place of departure, delivery or transit of the Products that is above 28° or below - 5° Celsius.
For lack of delivery in the delay indicated at the time of the order, or thirty (30) days as from the order in the absence of indication of delay of delivery, for any other cause than the force majeure or the fact of the Customer, the sale can be solved at the written request of the Customer under the conditions foreseen in the articles L. 216-2, L.216-3, and L.241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of cancellation of the contract.
The Customer is required to check the condition of the delivered products and to express any reservations in the presence of the carrier.
Without prejudice to the provisions relating to the legal guarantees below, the Customer has a period of three (3) days from the date of delivery to formulate by e-mail (info@grandsbourgognes.com) or by post any reservations or claims for non-conformity or apparent defect of the delivered Products (for example, damaged package already opened...), with all the related supporting documents (photos in particular). After this period and if these formalities have not been complied with, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by GRANDS BOURGOGNES.
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TRANSFER OF OWNERSHIP - TRANSFER OF RISK
The transfer of ownership of the Products from GRANDS BOURGOGNES to the Customer shall only be made after full payment of the price by the latter, whatever the date of delivery of the said Products.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the risk of GRANDS BOURGOGNES (in accordance with the Law).
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the consumer Customer has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition (corks and labels intact, case, accessories...) allowing them to be put back on the market in new condition, accompanied by the purchase invoice, to the following address
GRANDS BOURGOGNES
SARL LIT DE VINS
Z.A le Saule
21220 BROCHON
Damaged, soiled or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available by clicking here, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the desire to withdraw.
In the event that the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the cost of returning the Product(s) shall be borne by the Customer.
The refund shall be made within fourteen (14) days from the date of receipt by the Seller of the Products returned by the Customer in accordance with the conditions set forth in this article.
It is reminded that, in accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts :
supply of goods made to the consumer's specifications or clearly personalized;
supply of goods likely to deteriorate or expire rapidly;
supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
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SELLER'S LIABILITY - WARRANTY
The Products sold on the Site comply with the regulations in force within the European Economic Area.
It is reminded that GRANDS BOURGOGNES is liable for defects in conformity of the goods sold in accordance with Articles L. 217-4 et seq. of the French Consumer Code, as well as the legal guarantee of hidden defects of Articles 1641 et seq. of the French Civil Code reproduced below.
"Legal guarantee of conformity" (extract from the Consumer Code)
Art. L. 217-4. "The seller delivers a good in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Art. L. 217-12. "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Art. L. 217-5. "The goods conform to the contract:
1. If it is fit for the purpose usually expected of similar goods and, if applicable :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling.
2. Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
"On the guarantee of defects in the thing sold" (extract from the Civil Code)
Art. 1641. "The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lesser price for it, if he had known of them.
Art. 1648 - paragraph 1: ". The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
The legal warranty is excluded in case of misuse, negligence or lack of maintenance on the part of the Customer, as well as in case of normal wear and tear of the goods, accident or force majeure.
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PERSONAL DATA
The company LIT DE VINS, responsible for processing, implements a computerized treatment of the personal data transmitted by the Customer at the time of his order, in order to treat his order, to manage the delivery, the after-sales service and to send him commercial information on its products and services.
This data is kept for a period of three (3) years from the end of the commercial relationship and is intended solely for the authorised personnel of the company LIT DE VINS and its service providers involved in the execution of the present contract (in particular the transporters).
The processing is based, depending on the case, on the execution of the contract constituted by the order, the legitimate interest of LIT DE VINS to communicate on similar products and services or your consent to receive commercial and institutional information.
The Customer may, at any time, withdraw his consent to the sending of commercial information, in particular by clicking on the unsubscribe link. It is reminded that the withdrawal of consent does not affect the lawfulness of the processing carried out before its withdrawal.
The Customer benefits, free of charge, from a right of access, and if necessary, from a right of correction or deletion of his personal data, from a right of limitation of treatment or opposition, which he can exercise by contacting info@grandsbourgognes.com.
The Customer may also file a complaint with the competent supervisory body in his country of residence (the competent body in France is the CNIL).
It is recalled that, in accordance with the provisions of Article L.223-1 of the Consumer Code, the Customer who does not wish to be the subject of commercial prospecting by telephone may register free of charge on a list of opposition to telephone canvassing.
APPLICABLE LAW / DISPUTES
By express agreement, these GTC and their consequences are governed by French law. Unless otherwise stipulated, any dispute relating to the execution of these GTC and its consequences shall be submitted to the French courts.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission (Consumer Code, Article L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In addition to the mediation procedure provided for above, the Customer is reminded that he may lodge a complaint on the Online Dispute Resolution platform ("ODR") edited by the European Commission, facilitating the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union (Article 14 of Regulation (EU) No. 524/2013 of 21 May 2013). This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of GRANDS BOURGOGNES - SARL LIT DE VINS, Z.A le Saule, 21220 BROCHON
I/We (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.