TERMS AND CONDITIONS OF USE AND SALE OF THE SITE
The Clos de la Meslerie
I. TERMS AND CONDITIONS OF USE
ARTICLE 1. LEGAL INFORMATION
Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, this article specifies the identity of the various parties involved in its implementation and monitoring.
The Clos de la Meslerie site is published by:
EARL Peter Hahn, whose registered office is located at 12 rue de la Meslerie, 37210 VERNOU SUR BRENNE, FRANCE, and registered at RCS TOURS 503.095.192.
Phone: +33 6 08 76 97 87 / E-mail address: firstname.lastname@example.org.
The publishing director of the site is:
Mr. Peter Hahn.
The Clos de la Meslerie site is hosted by:
SAS ovh, whose registered office is located at 2 rue Kellermann, 59100 ROUBAIX, France
Phone number: 1007
ARTICLE 2. PRESENTATION OF THE SITE
The site Le Clos de la Meslerie aims to:
Online sales of wine;
Information on Clos de la Meslerie
ARTICLE 3. CONTACT
For any question or request for information about the site, or any report of illegal content or activities, the user can contact the publisher at the following email address: email@example.com or send a registered mail with acknowledgment of receipt to: EARL Peter Hahn – 12, rue de la Meslerie, 37210 VERNOU SUR BRENNE, FRANCE
The publisher reserves the right to modify, at any time and without notice, the site and the services as well as the present TOS, particularly to adapt to the evolutions of the site by the provision of new functionalities or the deletion or the modification of existing features.
It is therefore advisable for the user to refer before any navigation to the latest version of the Terms, accessible at any time on the site. In case of disagreement with the TOS, no use of the site can be made by the user.
ARTICLE 5. ACCESS AND NAVIGATION
The publisher implements the technical solutions at his disposal to allow access to the site 24 hours a day, 7 days a week. He may nevertheless at any time suspend, limit or interrupt access to the site or to certain pages of the site. the latter to make updates, changes to its content or any other action deemed necessary for the proper functioning of the site.
These Terms apply, as necessary, any declination or extension of the site on social networks and/or community existing or future.
ARTICLE 6. SITE MANAGEMENT
For the good management of the site, the publisher can at any time:
– suspend, interrupt or limit access to all or part of the site, reserve access to the site, or parts of the site, to a specific category of user;
– to suppress any information that could disrupt its operation or that contravenes national or international laws or Netiquette rules;
– suspend the site in order to carry out updates.
ARTICLE 7. SERVICES RESERVED FOR REGISTERED USERS
Access to certain services, and in particular to all paid services, is subject to the registration of the user.
When registering, the user agrees to provide accurate, truthful and up-to-date information about his person and his marital status. The user will also have to regularly check the data concerning him in order to preserve its accuracy.
The user must provide a valid e-mail address, on which the site will send a confirmation of his registration to his services. An e-mail address can not be used multiple times to register for services.
Any communication made by Le Clos de la Meslerie and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary.
Only one registration for the services of the site is admitted by a natural person.
The user is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter “Personal Space”), in addition to entering his password.
The identifier is definitive, however, the password is modifiable online by the user in his personal space. The password is personal and confidential, the user agrees not to communicate it to third parties.
The regularly registered user may at any time request unsubscription by visiting the dedicated page in his Personal Area. Any unsubscription from the site will be effective immediately after the user has completed the form provided for this purpose.
ARTICLE 8. RESPONSIBILITIES
The publisher is only responsible for the content he has edited himself.
The publisher is not responsible:
– in case of problems or technical, computer or compatibility of the site with any hardware or software;
– direct or indirect, material or immaterial, foreseeable or unforeseeable damage resulting from the use or difficulties of use of the site or its services;
– intrinsic characteristics of the Internet, particularly those relating to unreliability and lack of security of information circulating there;
– unlawful content or activities using his site without his having been duly informed within the meaning of Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy and Law No. 2004- 801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data.
Furthermore, the site can not guarantee the accuracy, completeness, and timeliness of the information that is disseminated.
The user is responsible for:
– the protection of his equipment and data;
– the use he makes of the site or its services;
– if it does not respect the letter or the spirit of these Terms.
ARTICLE 9. HYPERTEXT LINKS
The site may contain hypertext links to other websites on which Le Clos de la Meslerie does not control. Despite the prior and regular verifications carried out by the publisher, it declines all responsibility for the content that can be found on these sites.
The publisher authorizes the setting up of hypertext links to any page or document of his site provided that the establishment of these links is not carried out for commercial or advertising purposes.
In addition, the prior information of the publisher of the site is necessary before setting up any hypertext link.
This authorization does not cover sites that disseminate information that is unlawful, violent, controversial, pornographic, xenophobic or that may affect the sensitivity of the greatest number.
Finally, Le Clos de la Meslerie reserves the right to remove at any time a hypertext link pointing to its site, if the site considers it not in accordance with its editorial policy.
ARTICLE 10. COLLECTION OF DATA
The site is exempted from declaration to the National Commission Informatique et Libertés (CNIL) insofar as it does not collect any data concerning the users.
ARTICLE 11. COOKIES
ARTICLE 12. INTELLECTUAL PROPERTY
The structure of the site but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of the publisher and are protected as such by the laws in force under the intellectual property.
Any representation, reproduction, adaptation or partial or total use of the contents, trademarks and services offered by the site, by any means whatsoever, without the prior express written permission of the publisher, is strictly prohibited and would be susceptible to constitute an infringement within the meaning of articles L. 335-2 and following of the Code of the intellectual property. With the exception of items expressly designated as royalty-free on the site.
Access to the site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to an element of the site, which remain the exclusive property of the publisher.
It is forbidden for the user to enter data on the site that modifies or is likely to modify its content or appearance.
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Conditions of Use are governed by French law. In case of dispute and in the absence of an amicable agreement, the dispute will be brought before the French courts in accordance with the rules of the jurisdiction in force.
The site Le Clos de la Meslerie wishes you an excellent navigation!
II. TERMS AND CONDITIONS OF SALE
The site is published by the seller, EARL Peter Hahn, whose head office is located at the following address: 12 rue de la Meslerie, 37210 VERNOU SUR BRENNE, FRANCE, and registered at RCS TOURS 503.095.192.
Individual intra-community identification number of the seller: FR23503095192
Seller’s activity is subject to the following regulated regime:
Regulation of online wine sales
The following provisions are intended to define the general conditions of sale on the site Le Clos de la Meslerie
These general conditions of sale (hereinafter “GTC”) define the contractual rights and obligations of the seller and his client in the context of a distance selling and electronic sale of goods and products.
The Terms and Conditions govern exclusively the relationship between the seller and the customer.
The GSC express the entirety of the obligations of the parties. The customer is deemed to accept them without reservation, otherwise, his order will not be validated.
In case of doubt about one of the conditions of sale, the practices in force in the distance selling sector by companies whose head office is in France and the Consumer Code apply.
The seller reserves the right to change the terms and conditions. The changes will be applicable as soon as they are posted.
ARTICLE 1. CATALOG OR ONLINE SHOP
Through the site, the seller provides the customer with a catalog or an online store presenting exactly the products sold, without the photographs having a contractual value.
The products are described and presented with the greatest possible accuracy. However, in case of errors or omissions in the presentation, the responsibility of the seller cannot be engaged thereby.
Products are offered within the limits of available stocks.
The prices and taxes related to the sale of the products are specified in the catalog or the online shop.
ARTICLE 2. PRICES
The seller reserves the right to change prices at any time by posting them online.
Only the current rates indicated at the time of the order will apply, subject to the availability of the products on this date.
Prices are quoted in euros (excluding taxes and all taxes included) and do not include delivery charges, which are charged extra. The delivery costs are indicated before the validation of the order by the customer.
The prices take account of the taxes applicable on the day of the order and any change of the rate of these taxes will be automatically passed on the price of the products of the catalogue or the online shop. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.
The total amount of the order (all taxes included) and shipping costs included, is indicated before final validation of the purchase order.
Payment of the full price must be made when ordering.
ARTICLE 3. ONLINE ORDER
The customer has the opportunity to fill out an order form online, by means of an electronic form. By filling out the electronic form, the customer accepts the price and the description of the products.
The customer will have to accept by clicking in the indicated place, the present general conditions of sale so that his order is validated.
The customer must give a valid e-mail address and delivery address and recognizes by these general conditions of sale that any exchange with the seller may occur through this address.
The customer will also have to choose the method of delivery and validate the method of payment.
The seller reserves the right to block the order of the customer in case of default of payment, wrong address or any other problem on the customer’s account until the problem is solved.
ARTICLE 4. CONFIRMATION AND PAYMENT OF ORDER
This is an order of payment obligation, which means that placing the order involves a payment from the customer.
The customer makes the payment at the time of the final validation of the order by specifying his credit card number.
The customer guarantees the seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale as the due of sums due under the order.
In the event of a dispute or fraudulent use of the credit card without the physical use of the credit card (use of the credit card number), any person may contest within 70 days from the date of the transaction by transmitting a claim in the following manner, so that the seller takes his charges the costs of the sale and returns the disputed amount:
Per e-mail to the following address: firstname.lastname@example.org
Any dispute not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability.
The seller has put in place a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the customer for identification data.
In case of refusal of authorization of payment by credit card from the accredited organizations or in case of non-payment, the seller reserves the right to suspend or cancel the order and its delivery.
The seller also reserves the right to refuse an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is pending.
Upon receipt of the validation of the purchase and payment by the customer, the seller sends to the latter, on the email address that he has specified, confirmation of receipt of the purchase order and a copy of the contract to print.
The seller is obliged to send an invoice to the customer upon delivery.
The customer may request the invoice to be sent to another address than the delivery address by sending a request to this effect to the customer service (see contact details below) before delivery.
In case of unavailability of a product, the seller will keep the customer informed by email as soon as possible to cancel the order of this product and refund the price, the rest of the order remains firm and final.
The customer can always assert his right of withdrawal within 14 days from the moment the information concerning the unavailability of the product has been sent to him.
For any question relating to the follow-up of an order, the customer will be able to contact the customer service at the following coordinates:
by email: email@example.com
ARTICLE 5. ELECTRONIC SIGNATURE
In accordance with the provisions of Law No. 2000-230 of March 13, 2000, the online supply of the credit card number of the buyer and the final validation of the order are proof of the agreement of the customer, the due is due under the order form, signature and express acceptance of all transactions made.
ARTICLE 6. PROOF OF TRANSACTION
Communications, orders, and payments made between the customer and the seller can be proven through computerized records, stored in the vendor’s computer systems in reasonably secure conditions. Purchase orders and invoices are archived on a reliable and durable support considered, in particular, as a means of proof.
ARTICLE 7. PAYMENT METHOD
All methods of payment made available to the customer are listed on the seller’s website. The customer guarantees the seller that he has the necessary authorizations to use the method of payment chosen by him when placing an order.
ARTICLE 8. DELIVERY
The delivery is made only after confirmation of the payment by the bank of the seller.
The products are delivered to the address indicated by the customer on the online form worth order form, the customer must ensure its accuracy.
Any parcel returned to the seller because of an incorrect or incomplete delivery address will be returned at the customer’s expense.
Except in cases of force majeure, the delivery takes place, according to the mode chosen by the customer, within the following deadlines:
Standard delivery: 3 to 6 days
8.1 DELAY IN DELIVERY AND DENUNCIATION
In case of late delivery, the seller will inform the customer, who may terminate the contract and ask to be refunded within 14 days from the denunciation.
The total refund of the product and delivery charges, or re-shipment if any, is then made.
This termination of the contract must be addressed as follows:
by email: firstname.lastname@example.org
Any denunciation not made in the rules defined above and within the given deadlines cannot be taken into account and will release the seller from any responsibility vis-à-vis the customer.
8.2 CHECKING THE ORDER
If at the time of delivery, the original packaging is damaged, torn open, the customer must then check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reserve on the delivery note.
The customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.
The verification of the products is considered as made when the customer, or a person authorized by him, signed the delivery note.
The customer will, if necessary, inform the seller of his reserves as follows:
by email: email@example.com
Any reservation not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility vis-à-vis the customer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will communicate by email to the customer.
8.3 DELIVERY ERROR
In case of error of delivery and / or non-conformity of the products with respect to the indications appearing on the purchase order, the customer formulates his complaint with the salesman the day of the delivery or at the latest the first working day following the delivery.
The claim may be made as follows:
by email: firstname.lastname@example.org
Any claim not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
8.4 RETURN OF ORDER
The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, as follows:
product returned by carrier within 10 days from the date of delivery of the order, to the following address: 12 rue de la Meslerie, 37210 VERNOU SUR BRENNE, FRANCE
Any claim or return not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
Any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging. The return costs are the responsibility of the customer.
ARTICLE 9. GUARANTEES OF PRODUCTS
The seller is responsible for the conformity of the products to the contract.
The customer can make a claim under the legal guarantee of conformity, in accordance with the provisions of articles L. 211-4 of the Consumer Code, or under the guarantee of defects of articles 1641 and following of the Civil Code.
9.1 GUARANTEE OF COMPLIANCE
The customer has a period of 2 years from the delivery of the product to implement the legal guarantee of conformity.
As such, he can choose between the repair or replacement of the property, under the conditions provided for in Article L. 211-9 of the Consumer Code.
The customer is not required to prove the existence of a lack of conformity, within 6 months (24 months from March 18, 2016, except for second-hand goods) following the date of issue product.
9.2 WARRANTY OF DEFECTS
The customer, if he implements the warranty of defects provided in articles 1641 and following of the Civil Code, may choose between the resolution of the sale or a reduction of the price, and this in accordance with Article 1644 of the Civil Code.
ARTICLE 10. UNAVAILABILITY OF PRODUCTS AND REIMBURSEMENT
In case of unavailability of a product ordered, the customer will be informed by email.
The customer will have the possibility of cancelling his order and will have the choice between the refund of the sums by him paid within 30 days at the latest of their payment, or the exchange of the product.
ARTICLE 11. RIGHT OF WITHDRAWAL
The customer can assert his right of withdrawal and return of the product within 14 working days of delivery.
The customer will assert his right of withdrawal by contacting the customer service:
by email: email@example.com
After communicating his decision to withdraw, the customer then has 14 days to return or return the goods.
Any withdrawal or return not made in the rules defined above and within the time limits cannot be taken into account and release the seller from any liability vis-à-vis the customer.
The customer may request the exchange or refund of the returned product, without penalty, with the exception of the return costs that remain his responsibility.
The return or exchange of the product can only be accepted for the products as a whole, intact and in their original state, in particular with complete packaging, intact and in the state of sale.
Certain products, because of their intrinsic quality, cannot be subject to the right of withdrawal and cannot be refunded, including but not limited to products covered by Article L. 121-21-8 of the Consumer Code. to know :
– any customized product
– any product that can not be returned by nature
– any perishable product
– any video product
– any press product
The seller will have to refund the customer the full amount paid, including delivery charges, within 14 days of the recovery of the goods or the transmission of proof of the shipment of such goods.
ARTICLE 12. DATA PROTECTION
The seller will keep in his computer systems and under reasonable conditions of security proof of the transaction including the purchase order and the invoice.
The seller guarantees his client the protection of his personal data.
The seller has made a declaration to the CNIL under the number DPO-1254
The customer has a right to access, modify and delete the information collected, in particular by contacting the customer service department in the following ways:
by e-mail to the following address: firstname.lastname@example.org.
ARTICLE 13. FORCE MAJEURE
The parties will be exonerated from their obligations, in the event that a circumstance constituting a case of force majeure as defined by article 1218 of the civil code, would prevent their execution. The obligations of the parties will be suspended.
The party who invokes such a circumstance must notify the other party immediately, on its occurrence and its disappearance.
Are regarded as cases of force majeure all facts or circumstances irresistible and unpredictable, inevitable and which can not be prevented by them, in spite of all the efforts reasonably possible, defined as such by the French jurisprudence and in particular, the blocking of the means of transport or supplies, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunication networks.
If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.
ARTICLE 14. PARTIAL NULLITY
If one or more stipulations of the present general conditions of sale were to be declared null by the application of the law, a regulation or a final decision of a French jurisdiction, the other stipulations will keep all their force and their range.
ARTICLE 15. APPLICABLE LAW AND COMPETENT JURISDICTION
The seller is established in France in a stable and sustainable manner to effectively carry out his business, regardless of the location of his head office, as regards a legal entity.
Also, these Terms are subject to the application of French law, excluding the provisions of the Vienna Convention.
In case of dispute or claim, the customer will first contact the seller to obtain an amicable solution.
Failing an amicable agreement, the customer, if he contracts as a consumer, may initiate proceedings before the court of his choice and if he contracts as a professional, may initiate proceedings in the court of the place of the seat social seller.