TERMS OF SALES
Preamble
These general conditions of sale are concluded:
BETWEEN :
Les Domaines de Provence SCEA, with its registered office at Les Terres de Saint Hilaire, Route de Rians RD3, 83470 OLLIERES (Var),
ON THE ONE HAND, AND
People wishing to make a purchase via the Terres de Saint Hilaire website, hereinafter referred to as the Buyer,
ON THE OTHER HAND.
- Vendor designation
This site www.terresdesainthilaire.com is published by Les Domaines de Provence SCEA whose head office is at 83470 OLLIERES
Phone. : 04 98 05 40 10
Email: contact@terresdesainthilaire.com
SIRET 379 789 787 00031, RCS Draguignan
Bank domiciliation: LCL, 83000 TOULON
- Application of the GTC
2.1. Purpose of the GTC
The GTCS are applicable exclusively to the online sale of the products of the company Les Domaines de Provence SCEA on the site www.terresdesainthilaire.com , access to which is free and open to all Internet users.
2.2. Scope of the GTC
The GTC exclusively govern the online sales contracts of the products of the company Les Domaines de Provence SCEA to buyers having the status of consumers (hereinafter, consumers) and together with the order form constitute the contractual documents enforceable against the parties. The GTC are exclusively applicable to products delivered to consumers established in mainland France. The T & Cs are drawn up as well as all the contractual information mentioned on the site in French.
2.3. Availability and enforceability of the GTC
The T & Cs are made available to consumers on the site www.terresdesainthilaire.com via the “General Conditions” hypertext link, where they can be viewed directly; they can also be communicated to him on simple request of the consumer by telephone, electronic mail or postal mail. The GTC are enforceable against the consumer who acknowledges, by checking a box provided for this purpose, to have been aware of and accepted them before placing an order. The validation of the order by its confirmation implies acceptance by the purchaser of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by Les Domaines de Provence.
2.4. Modification of the GTC
Les Domaines de Provence SCEA reserves the right to modify its T & Cs at any time. In the event of modification of the T & Cs, these modifications are enforceable as of their posting online and cannot be applied to contracts concluded subsequently. The applicable GTC are those in force on the date of the order.
2.5. Clauses of the GTC
The nullity of a contractual clause does not entail the nullity of the GTC, except if it is an impulsive and decisive clause which led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GTC by Les Domaines de Provence SCEA cannot constitute a waiver on its part of the other clauses of the GTC which continue to produce their effects.
- Protection of minors
The buyer undertakes, by validating his order and the General Conditions of Sale, to be over 18 years of age on the date of the order.
- Products – wines
4.1 Characteristics
The wines offered for sale presented on the site are each the subject of a description accessible on the site www.terresdesainthilaire.com by clicking on each wine; this description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code.
4.2. Compliance
The products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers when they are placed on the market.
4.3 Duration of the offer
The online sales offers presented on the site are valid, in the absence of a specific duration indication, as long as the products appear in the electronic catalog and within the limits of available stocks.
- Selling price
The selling price of the product is that in force on the day of the order, and taking into account the VAT applicable on the day of the order. The selling prices, in accordance with the Consumer Code, are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs. The delivery and transport costs will be indicated to consumers before the order is confirmed and will be invoiced in addition if necessary. The total amount owed by the consumer is indicated on the order confirmation page.
5.1. Price modification
Les Domaines de Provence SCEA reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
5.2. Promotional offers
In the event of a promotion, Les Domaines de Provence SCEA undertakes to apply the promotional price to any order placed during the promotion period.
- Order
6.1. Minimum quantity
The minimum order quantity is 6 bottles. Below this, Les Domaines de Provence SCEA reserves the right not to ship the order and to reimburse the customer for the amount of his order.
6.2. How to order ?
Choose your products, add them to the basket. Go to the basket, check that the information is correct, choose your delivery method and payment method, then validate. Connect to your account or create one, then proceed to payment.
6.3. Order modification
Any modification of an order by the buyer after confirmation of his order is subject to acceptance by Les Domaines de Provence SCEA.
6.4. Confirmation of the order
Les Domaines de Provence SCEA reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers having the status of consumers. Following your order on the site www.terresdesainthilaire.com , you will receive an order confirmation by e-mail. The validation of your order by our services automatically triggers its preparation.
6.5. Product unavailability
If the products ordered are unavailable for delivery, Les Domaines de Provence SCEA immediately informs the consumer and can offer him a product of equivalent quality and price.
- Payment
The products ordered are payable in full when ordering and in euros. An invoice expressed in Euros including tax will be issued by Les Domaines de Provence SCEA and sent to the customer at the invoicing address indicated. In the event of non-payment or refusal of authorization of payment on the part of accredited bodies, Les Domaines de Provence SCEA reserves the right to refuse an order.
7.1. Means and modalities of payment
Payment is made immediately upon ordering. Credit card / Bank transfer / Check
7.2. Secure payment
Bank domiciliation: LCL, 83000 TOULON
- Withdrawal
8.1. Reasons for withdrawal
The buyer has a withdrawal period of fourteen clear days (14) from receipt to return the product to the seller. The buyer may request an exchange or refund without penalty, subject to the condition of the material and its packaging, with the exception of return costs.
8.2. Withdrawal / refund procedure
To cancel his order within the withdrawal period of fourteen working days (14), the buyer must return the goods in their original box by notifying Les Domaines de Provence SCEA by mail or by e-mail to contact@terresdesainthilaire.com , using the printable withdrawal form below:
——————-
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of Les Terres de Saint Hilaire, Route de Rians – RD3, 83420 Ollières
I / we (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:
Ordered on (*) / received on (*):
Name of consumer (s):
Address of consumer (s):
Signature of consumer (s):
Date:
(*) Delete the unnecessary mention
——————–
- Delivery
9.1. Place of delivery
Delivery in mainland France exclusively and in certain countries of the European Union.
9.2. Delivery times and costs
The delivery time may vary depending on the distance, from five (5) to fifteen (15) days, depending on the delivery provider.
Shipping costs: 30 € in Metropolitan France (free from 230 € of purchase), from 75 to 120 euros for the countries of the European Union.
9.3. Terms of delivery
Our shipments are provided by external service providers, in particular Transport Schenker, Joyau or Khuene Nagel.
9.4. Failure to deliver
During delivery, in the event of missing or damaged packages, reservations must be made on the carrier’s delivery receipt and be confirmed by registered letter within three (3) working days to the delivering carrier with a copy for the sender.
When the consumer personally takes delivery of the objects transported and when the delivery person does not justify having given him the possibility of actually checking their good condition, the period which extinguishes any action against the delivery person is extended to ten days, in accordance with art. L.224-65 of the Consumer Code.
Our guarantee is strictly limited to replacement within a normal period or to reimbursement at our choice of parts recognized as defective or non-compliant, after examination by us. The possible replacement can in no case justify a delay or a refusal to pay our invoices. Only the value of parts recognized as defective or non-conforming may be retained. Any deduction made on our invoices for any reason is deductible from our turnover and results in a proportional reduction in the amount of VAT.
- Management of your personal data
10.1. Data collection and use
The collection of personal data, their use for the processing of orders and the creation of customer files and their dissemination exclusively to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is kept by the publisher for the sole purposes of good administration of orders and commercial relations, is carried out in compliance with European data protection regulations (RGPD) and the IT law and freedom of January 6, 1978 modified in 2018.
10.2. Right to access, modify or delete your data
In accordance with European data protection regulations (RGPD) and the Data Protection Act of January 6, 1978 amended in 2018, the consumer has at any time a right to access, rectify and delete personal data concerning him. . He can exercise this right by mail by writing to Terres de Saint Hilaire – personal data. Route de Rians RD3. 83470 Ollières.
- Litigation management and contact
For any dispute, the buyer may request free mediation from:
Medycis, 73 boulevard de Clichy, 75009 Paris – https://medicys-consommation.fr/
In accordance with art. R.631-3 of the Consumer Code, in the event of a persistent disagreement, the dispute will be submitted to the jurisdiction of the execution of the contract or to that of the residence of the purchaser, at the latter’s free choice.
For any questions, contact us from 10 a.m. to 6 p.m. on 04 98 05 40 10. Any delivery or confirmation of order implies, without reservation, acceptance of these general conditions which prevail, in any event, over the contrary provisions emanating from the purchaser. Any inconsistent stipulation appearing on the latter’s document is presumed revoked by the contract which would bind it to us.
- Intellectual property
The elements reproduced on this site, whether visual or sound, are the exclusive property of the publisher, and are protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
In accordance with art. L.211-2 of the Consumer Code and the decree of December 18, 2014, the buyer, when acting as a legal guarantee of conformity:
– has a period of two years from the delivery of the goods to act;
– can choose between repair or replacement of the good, subject to the cost conditions provided for by art. L.211-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of art. 1641 of the Civil Code; in this case, he can choose between the cancellation of the sale and a reduction of the sale price, in accordance with art. 1644 of the Civil Code.
