|
| |
|
SALES GENERAL CONDITIONS
1) INITIAL STATEMENT
The customer acknowledges that he has read through the following general conditions of sale.
Validation of your order form by clicking on "validate my order" is equivalent to full and complete acceptance of these general conditions of sales. After clicking on
acceptance, the order is considered irrevocable and cannot be challenged.
2) APPLICABLE LAW
The www.vitisvintage.com website established on French territory is subject to French law. Any order involves, automatically and by right, your adherence to
our general conditions of sales. These general conditions of sales are governed by French law, with regard to substance and form.
3) LEGAL INFORMATIONS
- MINORS AND LEGAL COMPETENCE
Order # 59-107 of January 7, 1959 and the law # 74-631 of July 5, 1974, prohibit the sale and supply of alcoholic beverages to minors and similar categories.
Consequently by filling the order form you acknowledge having the legal competence to enter into this contract.
- C.N.I.L. RIGHT OF ACCESS TO FILES
In accordance with the provisions of Law n° 78-17 of January 6, 1978, the www.vitisvintage.com website is subject to a declaration to the National Commission
of Data Processing and Liberty. Pursuant to the law on Data Processing and Liberty, the information required from you is essential to the processing of your order
and is solely intended to be used by the SAS PARTITOR - Vistisvintage company.
You have the right of access, modification, deletion and correction in relation to your personal data. You may, through us, receive offers from other companies. If
you do not wish to receive these offers, simply write to us, indicating your name, first names, address and any customer number.
To exercise this right you must contact us :
1. By mail at SAS PARTITOR Vitisvintage – 3 Chemin de Chollet- F 33640 ARBANATS ;
2. By e-mail at www.vitisvintage.com, with proof of your identity.
- ALCOHOL ABUSE
Alcohol abuse is dangerous to your health ; to consume with moderation.
4) PACKAGING UNIT
Bearing in mind the constraints of shipping and handling, we remind you that orders must be by box 6 bottles 75cl at minimum (excluded gift boxes).
For the transport costs, the ordered bottles are meant as “75cl equivalent” (example: a magnum 150cl = 2 units equivalents 75cl, a bottle of 50cl = 1 unit are
equivalent 75cl, a double magnum 3 liters = 4 units are equivalent 75cl). This provision allows the precise evaluation of the expenses of delivery which are
calculated in proportion to the exact number of units equivalent 75cl, according to the tariff section and the country of destination.
5) SATISFIED OR REIMBOURSED
If, in spite of all the care we take in selecting our wines, the product you have bought does not give you complete satisfaction, you can return it within 7 days of
delivery, in its original packing, and at your own expense to:
SAS PARTITOR - Service VITISVINTAGE.com
3 Chemin de Chollet
F 33640 ARBANATS
specifying whether you would like an exchange or a refund.
6) PRICES
Our product prices, inclusive of tax, are listed in Euros, and do not include shipping charges. They are applicable for the duration of validity of the VITISVINTAGE
FRANCE electronic catalog, in which rates are periodically updated. Shipping charges, custom taxes and formalities are the exclusive responsibility of customers.
7) DELIVERY
7.1- Conditions
Products ordered are delivered to the address indicated by the customer. Packages will be forwarded to the addressee via our regular carrier, or in any event by a
carrier of our choice. The customer is advised to check the state of the packaging, as well as the contents of the package(s) at the time of delivery, and to check
that quantities and items tally with the information on the order form. The signature on the delivery receipt will be equivalent to acceptance by the customer.
The customer is advised to inform VITISVINTAGE of any shipment damages within 48 hours of receipt of the package, having taken care of marking on the
delivery order of the carrier the anomaly noticed in the delivery (example: parcel damages, broken bottles, etc...).
7.2- Delivery times
Metropolitan FRANCE : We do not deliver French overseas departments and territories (DOM-TOM).
The average delivery time for standard service is 48/72 hours from receipt of the order (Monday to Friday).
From December 15th to January 15th, please note that another additional 24/48 hours must be taken in account owing to Xmas and New Year’s festivities and
inventory periods.
EUROPEAN UNION: 4 working days in average.
OTHER COUNTRIES: variable depending on destination and customs formalities (maximum 15 days).
Except in cases of force majeure, delivery times will be those indicated above, within the limits of available stock.
These times are exclusive of Saturdays, Sundays and French public holidays. All orders will be processed Monday through Friday until 12:00 PM, except on French
public holidays. This period is guaranteed, and non-compliance may result in a refund.
For standard service, deliveries are made Monday through Friday (except for public holidays).
For express service (France), deliveries are made Monday through Friday (except for public holidays).
Late delivery : We will do our best to deliver your shipment within our usual delivery times. However, if we were unable to fulfil this condition we must inform you
that under no circumstances may you claim a refund on the product from SAS PARTITOR VITISVINTAGE. Only delivery charges, subject to the reservations
indicated in paragraphs 7.3 and 7.4, can be the subject of a refund.
7.3- Circumstances beyond our control
We cannot be held responsible for losses, damage, errors or non-delivery of a shipment if the existence of circumstances beyond our control has been established.
The term "circumstances beyond our control", is intended to refer, in particular, to:
- Accidental circumstances or emergencies, in particular: earthquakes, hurricanes, storms, floods, wars, traffic accidents, train and plane accidents,
embargoes, etc.
- Any faults or peculiarities associated with the nature of the shipment even though we were aware of this at the time of our acceptance.
- Any defective or careless act of any third party such as: the shipper, the recipient, any interested third party, any customs employee or any
employee of any other administration, the postal service, any freight company or other third party to whom the shipment may have been
entrusted by our carrier, in order to service areas not directly serviced by itself, even if the sender has not asked for, or been informed of, this
recourse to a third party.
7.4- Consequential damages
In the event of breach of our obligations, whatever the cause, SAS PARTITOR Vitisvintage will be solely responsible for refunding the delivery charges, subject to
the reservations stated above (Late Delivery), and under no circumstances for any consequential damages claimed by a customer. These consequential damages
and losses are understood in particular to refer to any loss of income, profits, interest or contracts, and any loss associated with the impossibility of using all or
part of the shipment.
7.5- Breakage during shipment
If a package reaches the recipient in damaged condition (broken bottle(s)), the recipient must refuse the package. The carrier will be responsible for informing
SAS PARTITOR Vitisvintage. On receiving this information, SAS PARTITOR Vitisvintage undertakes to immediately re-ship an identical package to the recipient.
Under no circumstances will the customer be able to demand a refund of the product and delivery charges.
7.6- Product availability
All the products are available from stock. Our supply is therefore understood to be within the limits of available stock, subject to the aforementioned exceptions.
We generally update our database of products on a regular basis. However, the products displayed as available may sometimes have become unavailable at the
time your order is processed. Consequently, the customer expressly relieves SAS PARTITOR Vitisvintage of all liability regarding the constraints mentioned above.
If the products ordered are available, your order is processed within 3 working days, and delivered within a time period of no more than 15 days, depending on
the destination.
If the products ordered are not available at the time of processing your order but can be restocked, they will be sent to you as soon as they come into stock. A
message of acknowledgement of receipt of your order and its follow-up will be sent to you.
If the products ordered are not available at the time your order is processed, and cannot be restocked, we will inform you of the situation by mail, e-mail or
telephone.
As wine is a "live" product, if there is any interruption of stock, the unavailable product will be replaced by a product chosen from the range in stock. This
substitute product will be selected from items of similar quality and price.
Images, photos and illustrations: attention, the present pictures on the vitisvintage.com site are not contractual. Their use is possible that with the express
agreement of SAS Partitor. Any uses fraudulent, unfair and\or being able to damage SAS PARTITOR’s image will be the object of legal proceedings by legal way.
7.7- Deterioration of product quality
Under no circumstances will SAS PARTITOR Vitisvintage will be held responsible for any deterioration of the quality of the products and their packing, caused
during transportation.
7.8- Warsaw convention
If the shipment includes a final destination or stopover in a country other than the country of origin, the Warsaw convention can be applicable. In the event of
damage outside French territory, then the said convention will govern the relationships between the customer and SAS PARTITOR Vitisvintage.
7.9- Delivery address
If the package is returned to SAS PARTITOR Vitisvintage marked "address incomplete" or "address incorrect", SAS PARTITOR Vitisvintage undertakes to contact its
customer and inform him of the situation, requesting additional information about the address or a new delivery address. The charges for re-shipping will be the
responsibility of the customer. Obviously, in this situation the starting point of the new delivery time will be linked with SAS PARTITOR Vitisvintage receiving the
new information about the new address.
The deliveries to health care centres (private or public hospitals, provided with medical care houses) and of schools cannot be dispatched.
7.10- Delivery rates in Euros, taxes inclusive
Nota. From December 15th to January 15th, standard delivery time is 5 days maximum.
Caution ! The customer makes a commitment to make his personal business of the arrangement and the conditions of storage of the goods which will be delivered
to him in his place of residence.
8) BILLING - PAYMENT
Payment for your purchases is accepted either on-line with a bankcard or by sending a check. Only the effective payment of the order allows its forwarding.
The invoice of products will be sent to any order, the customer can also print his invoice after validation of his order and payment of this one. The account of the
customer will be sold only by the amount of the ordered and effectively delivered products. The customer guarantees the SAS PARTITOR Vitisvintage that he
arranges authorizations possibly necessary to use the method of payment chosen by him, during the validation of the order form. For the payment by credit card,
measures relative to the fraudulent use of the payment by credit card are applied.
For the sake of safety, for the orders with consequent amounts (more than 500 € on France, more than 300 € on Europe), we adduce in re - to credit the
corresponding sum and to ask to realize the payment by bank transfer. In every case, the customer will be contacted and informed of this step².
9) SECURE ORDERING
In order to optimize the security of INTERNET transactions, a system of on-line payment (PayBox) is offered to the customer. This allows the encryption of all data
relating to your order (including your name, address and credit card number), so that the information that you send us is protected during the transmission.
In addition, the encryption means and services used to make the transactions secure was the subject of a declaration or authorization pursuant to the legislation
in force.
10) ORDER CANCELLATION
In order to be taken into consideration, any request to cancel an order must reach us before the products are shipped. The minimum time for notifying us is 24
hours before the shipping date of packages. This cancellation must be made by mail, fax or telephone.
11) CLAIMS
You can submit a claim in the event of loss (incorrect delivery), or damage occurring during shipment: This claim must be filed with us within 30 (thirty) days of
the date your order was accepted, and it must be sent by registered mail with acknowledgement of receipt to the following address:
SAS PARTITOR Vitisvintage.com - 3 Chemin de Chollet- F 33640 ARBANATS.
12) LIABILITY
Société PARTITOR Vitisvintage will not be held liable in cases of breach of contract, interruption in stock or product unavailability, force majeure, and, more
specifically, in cases of all-out or partial strikes, flood, fire or other natural catastrophes and, in general, any event preventing satisfactory execution of the order.
13) ELECTRONIC SIGNATURE
The "OK" associated with the process of authentication, non-repudiation and protection of message integrity, constitutes an electronic signature. This electronic
signature is the equivalent of a handwritten signature between the parties.
14) PROOF
The electronic files, stored under reasonably secure conditions in the SAS PARTITOR Vitisvintage information processing systems, will be considered as proof of
communications, orders and payments concluded between the parties.
15) SETTLEMENT OF DISPUTES
All contractual provisions as defined above are governed by French law. You may contact our customer service with regard to settling any dispute, and in the
absence of an amicable solution, the Courts of PARIS will alone have jurisdiction.
Head Office : SAS PARTITOR- 9 Rue du Faubourg St Honoré- 75008 PARIS FRANCE
VAT N° : FR 37 433 852 555
General Manager : M.Bontoux
On-line shop address : SAS PARTITOR VITISVINTAGE- 3 Chemin de Chollet- 33640 ARBANATS Tél +33 (0) 5 56 67 47 78
Provider : Systemanetwork
Concept & Design : STANDBYLAB
|
|
|
| |
|
|
|
