General Terms of Sale on www.bourgogne-vin.com website
1. General Conditions
1.1 This document defines the general terms and conditions of sale for products and services provided by BOURGOGNE VIN on its website www.bourgogne-vin.com, whose address is rue Saint-Etienne, 89450 Vézelay, France. SIRET 789 997 418 00015. Legal representative: Mrs. Jocelyne BLANCO.
1.2. The fact of passing an order implies complete adhesion, without reserve, with these General Terms of Sale, with the exclusion of all other documents transmitted by the vendor, which have only an indicative worth.
1.3. The Bourgogne Vin offers are exclusively reserved to private customers excluding brokers and traders. Orders are confirmed once invoices are sent but secured once they have been paid.
1.4 Bourgogne Vin can not be held liable to a Customer or any third party for any indirect damages, any loss of profit or revenue, arising in any way whatsoever, even if such damage or loss this loss was foreseeable by Bourgogne Vin, or if the event had been brought to its attention. Without limiting the following paragraphs, the responsibility of Bourgogne Vin under these General Terms of Sale cannot exceed an amount equal to the amounts paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action concerned.
1.5. Bourgogne Vin is not responsible for any failure to perform its obligations as set out in these General Terms of Sale resulting from force majeure.
2.1. Product description
The description of products offered by Bourgogne Vin is, subject to the information given by the initial producers to Bourgogne Vin, exact. Bourgogne Vin commits to make the best efforts to correct as quickly as possible any wrong information or omission on its website after being informed. Every Customer has a right of return in case of non-compliance of products sold to their description or because of erroneous information contained in the listing. This right of return is valid for one week after receiving the goods (cf. article 7).
2.2. Product prices
Prices indicated are in Euros. They are indicated with tax included (when applicable), excluding duty. Prices may vary if the product is restocked. Prices are subject to misprints and display error.
2.1. Ordering procedure
Bourgogne Vin will make every effort to process all orders within the limits of available stocks. Orders will be processed in the order in which they are actually received by Bourgogne Vin. Therefore, any claims related to the unavailability of a product shall not give rise to any compensation other than the refund of the product if it has been paid.
Bourgogne Vin reserves the right to refuse orders that give rise to a dispute or withdraw the sale of products whose characteristics do not correspond to legal criteria sale. In this event, Bourgogne Vin undertakes to refund the customer within 72 hours from the date of purchase.
3. Protection of Minors
In accordance with article L. 3342-1 of the Public Health Code, France, which stipulates that the sale of alcohol to minors under the age of sixteen (16) years of age is strictly forbidden, any Customer is required to be over sixteen (16) years of age when ordering.
4.1. Means of payment
After an order has been confirmed by Bourgogne Vin, the price of ordered goods is payable in full. Bourgogne Vin provides a detailed invoice to the Customer. All payments shall be made in Euros by one of the following methods:
– by credit/debit card (communication of the card number, expiry date and the name of the card holder by telephone)
– by bank or postal transfer (to the coordinates indicated by Bourgogne Vin)
– by check (only for France check holders).
4.2. Payment information
During its order, the Customer agrees to provide the required information (name, address, telephone, e-mail address, etc.). During the validation of his order, he shall, if he chooses to pay by credit card, provide the type of payment card (credit card, VISA, etc.), the number of the card and its expiration date. The Customer ensures that he his fully authorized to use the said card and the card gives access to sufficient funds to cover all costs resulting from the use of the www.bourgogne-vin.com website.
Bourgogne Vin can accept payments of VAT by companies belonging to the European Union but not resident in France subject to the provision of a VAT number, or from customers outside the European Union, subject to providing proof of residence.
When ordering, Bourgogne Vin provides an original invoice including any costs of delivery, shipping insurance and VAT.
5. Shipping and Delivery
5.1. Shipping costs
Shipping costs vary according to the type of transport and the delivery destination. The shipping rate will be given on request for guidance and may be subject to change from Bourgogne Vin according to the current rate of the freight carrier. Billing of travel expenses will be at the rate in application on the date of shipment.
5.2. Methods and time frames of delivery
The carrier delivers to the address indicated by the purchaser at the time of ordering (or in the case of absence a delivery note will be left by the carrier). Delivery times are indicative and in no case a delay in delivery of less than 30 days from the delivery or payment reception does justify a claim for damages or the cancellation of an order.
5.3. « Shipping insurance » option Carriers are responsible for the damage occurred to the goods in the limit of 24.50 € per kilogram of goods, or about 29€ maximum refund per bottle. If the price of a good exceeds 29€, Bourgogne Vin advises the Customer to subscribe a shipping insurance option when ordering. This insurance amounts to 0.6% of the total invoice amount with a minimum of 6.60€ for a delivery in France and. 7.80€ in Europe.
6. Shipment and Responsibility
Once they are paid for and leave Bourgogne Vin, all goods are carried at the Customer’s cost, risk and peril. It is thus in his own interest to verify the contents of his package, and, if necessary, to express his reservations at the delivery. In case of delay, breakage, or missing warranty seal, the customer may exercise its remedies only against the carrier. Pursuant to Article 105 of the French Commercial Code, any reservation must be expressed to the registered carrier within 3 (three) days of the delivery.
Bourgogne Vin advises its Customers to make, if possible, a full check on reception of the goods: ensure in the presence of the deliverer of the good condition of goods and, if needed, make qualitative and quantitative reserves in order to obtain a replacement if damaged. The lack of reserves written on the receipt upon delivery would prevent any subsequent claim. Bourgogne Vin advises its Customers not to write on the delivery receipt “subject to unpacking”. This reserve has no legal value and cannot lead to any compensation or exchange. The Customer must clearly indicate the nature of the reserve, or reject the product.
7. Cancellations and Returns Policy
7.1. Customer’s rights
As stated in article L. 121-16 of the French Consumer Code, Customers have the right to cancel their order and to return goods, at your own cost in good condition and in the original packaging with the original bill, within seven days (including the day of delivery), to our registered headquarters indicated in the first article, for exchange or refund.
It is stated that Bourgogne Vin will never be required, whatever the circumstances, to accept a return or any claim after the end of the return period mentioned in Article L121-16 of the French Consumer Code.
7.2. Payment of returns expenses
Bourgogne Vin will not accept to pay the return expenses of goods except when the two following conditions are fulfilled simultaneously:
– The goods received are not those mentioned on the invoice,
– You have expressed your reserves to the registered carrier.
8. Data Confidentiality
8.1. Data access and correction
To provide a service that meets the needs of its Customers, Bourgogne Vin collects several persona data from its Customers (name, address, email address and phone number).
In accordance with the French law relating to computers, files and freedoms of January 6, 1978, the Customers have the right to access and modify their personal data. Upon request, the Customer may ask his personal data to be deleted from the Bourgogne Vin Customers’ file.
8.2. Use of Customer data
By accepting the General Terms of Sale, the Customers consent to the use by Bourgogne Vin of their personal data for commercial purpose. Bourgogne Vin commits not to disclose its customers’ personal data to any third party, or those relating to the a transaction, except in the following cases:
1) To make a delivery, facilitate a transaction or resolve any dispute
2) In any event required by the law
3) In response to an injunction issued by a court or legal authorities.
9. Applicable Legislation and Appropriate Jurisdiction
In case of dispute:
9.1. Should it prove impossible to apply these Terms and Conditions, Bourgogne Vin invites its Customers to seek an amicable solution by contacting the company at the following address:
Rue Saint- Etienne
Phone: + 33 (0) 3 86 47 28 57
9.2. Should the negotiation fail, the following conditions apply:
– For a contract concluded by a French Customer:
This contract is subject to French law. In the context of the interpretation and execution of this contract, any dispute will be brought before the Commercial Court of Auxerre (89000 France).
– For a contract concluded by a Customer ordering from another country of the European Union:
This contract is subject to French law. In the context of the interpretation and execution of this contract, any dispute will be brought before the court as indicated in the applicable guidelines and rules of the European Union (in particular the Convention of Brussels of September 27th 1968).