The present General Conditions of Sale (GCS) regulate the relationship between the Seller (S.A.R.L LE CEDRE DIFFUSION) with a capital of 57.930€, registered at the RCS of Cahors under the number 391 093 887 whose head office is Bru 46700 VIRE SUR LOT and the Customer (consumer or non-professional) located in one of the delivery areas served by the Seller and wishing to proceed to a purchase on the website ” boutique.chateauducedre.com “.
The website was edited by Gwenn Laudrin (8, rue du Gypaéte 64000 PAU – www.gwenn.design). It is a space of electronic commerce which proposes a service of remote order of products. It is about products distributed by the S.A.R.L. LE CEDRE DIFFUSION. Access to the e-commerce space of the website “boutique.chateauducedre.com” implies unconditional acceptance of these GCS.
The contract resulting from the actual order of the Customer is subject to the regulation of distance selling, as it results from the legislative and regulatory provisions in force in France, and in particular the Consumer Code in force since July 1, 2016, as well as the provisions set out below. By placing an order on the Site, the Customer certifies that he/she is a natural person of legal age or a legal entity acting for his/her personal and non-professional needs and thus certifies that he/she is not acting for purposes that fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He accepts the General Terms and Conditions of Sale of the Site and of the author of the offer. He certifies that he has the capacity to contract, and acknowledges having previously read and accepted without restriction the terms of sale applicable to his purchase (order and delivery) at the time of placing the order.
The present General Conditions of Sale on the Internet shall prevail over any other general or particular conditions of the Seller or conditions of purchase not expressly accepted by the Seller. The special conditions of sale are those stated on the screen (prices, terms and conditions appearing in particular in the product sheets, order forms, etc…). The Customer is invited to carefully read the general and special terms and conditions of sale in force prior to any order.
The purpose of these GCS is to define the contractual relationship between the Seller and the Customer as well as the general and specific conditions applicable to any purchase of goods and services made on the site. These GCSs govern and are applicable exclusively to the online sale to consumers and non-professionals of the Seller’s products on the site “boutique.chateauducedre.com” (hereinafter referred to as “the site”), whose access is free to any Internet user, except for restrictions mentioned in Article 3 of the GCSs.
The present GCS exclusively govern the contracts of online sale of the products of the Seller to the buyers having the quality of consumers or non-professionals (hereafter, the customer(s)) and constitute, with the order form, the contractual documents opposable to the parties. These GCS do not apply to professionals defined as any individual or legal entity, public or private, acting for purposes within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when it acts in the name or on behalf of another professional.
The GCS are exclusively applicable to products delivered to customers established in metropolitan France.
Before the validation of the order and its payment, the Customer ticks a box provided for this purpose by which he declares to have read and accepted the GCS. Next to the checkbox is a link allowing the customer to download the GCS (and the withdrawal form) in PDF format, and to print them. The preservation and reproduction of the GCS are ensured by the Seller in accordance with Article 1369-4 of the Civil Code, and those of the contractual stipulations will be ensured in accordance with Article 1127-1 of the Civil Code as in force since 1 October 2016.
The terms and conditions of sale apply to orders placed during the entire time they are online. The GCS applicable and enforceable against the Customer are those in force at the date of the order. The Seller reserves the right to modify the GCS at any time and without notice. However, such modifications shall not apply to contracts concluded previously. The GCS shall be communicated to the Customer again by transmission in PDF format in the order confirmation e-mail.
The Customer agrees, by entering his year of birth on the home screen of the site, to be at least 18 years old in France at the date of the order. If the Customer is domiciled in another country, he/she agrees to respect the laws and rules of that country as to his/her legal minority and to be of the minimum age required to purchase alcoholic beverages there.
It is reminded that the abuse of alcohol is dangerous to health.
Each product offered on the Site is the subject of a file accessible by clicking on the designation or the photograph of the product concerned. This sheet presents the essential characteristics of the selected product in accordance with Article L.111-1 of the Consumer Code. These indications are intended, without being exhaustive, to inform the Customer in the most complete way possible on these essential characteristics. These indications may be subject to minor variations and therefore cannot replace the information on the packaging of the product delivered and to which the customer is invited to refer.
The Customer is informed, subject to his rights, of the possibility of a difference in presentation upon delivery resulting from a modification of labelling, packaging (photographs and illustrations) by the producer or supplier, this difference not affecting in any way the content and characteristics of the product.
The Customer is informed that the Service does not allow the taking into account of promotional advantages such as, in particular, discount coupons of any kind to be used on the purchase of a product or for a minimum purchase amount, with the exception of those expressly formulated for the Site and materialized, for example, by the attribution of a code.
Given the constraints of packaging, the Seller reminds that the unit of order must be understood by cartons (or cases) of 6 or 12 bottles.
The selling price of the product is the one in force on the day of the order, and taking into account the VAT applicable on the day of the order. The selling prices are indicated, for each of the products appearing in the electronic catalog, in euros including all taxes but excluding delivery costs. The delivery costs charged in addition, will be indicated to the customers before the validation of the order, in a summary indicating the amount due before it places order.
In the event of a promotion offered on the site, the Vendor undertakes to apply the promotional price to any order placed during the promotion period. The total amount due by the Customer is indicated on the order confirmation page. The amount of the order that the Customer will have validated by proceeding to its payment is the final price – all taxes included and including the amount of the delivery charges – and maximum which can be debited to him. This price may nevertheless vary in case of unavailability of one or more products ordered or in case of substitution of one or more products ordered if the Customer has accepted it.
The Seller reserves the right to modify its prices at any time, without prior notice, while guaranteeing to the Customer the application of the price in force indicated on the Site on the day of the order.
The online sales offers presented on the site are valid, in the absence of any particular indication of duration, as long as the products appear in the electronic catalog. Since orders in response to these offers can only be fulfilled within the limits of available stocks due to limited quantities depending on the products, formats and vintages, the Vendor shall be obliged to inform the Customer without delay in the event of a stock shortage preventing him either from carrying out the order within 15 days of the conclusion of the contract, or from doing so permanently.
In this case, and except if it is agreed between the parts of another delivery period or that of another product of a quality and an equivalent price whose availability is assured, the Customer, without prejudice to his faculty to cancel and denounce the contract under the conditions of the article 216-2 of the Code of the Consumption, will be refunded, at the latest in the fourteen days of their payment, of the totality of the already paid sums.
To place an order, the Customer, after having filled his virtual basket with the selected products and the desired quantities, clicks on the "Order" button, and provides the information relating to delivery and payment method. He will acknowledge his obligation to pay by clicking on the "Payment validating Order" button, in accordance with the provisions of art. L.221-14 of the Consumer Code. In accordance with the requirements of this article, the site will indicate clearly and legibly, at the latest at the beginning of the ordering process, the accepted means of payment and any delivery restrictions.
Before clicking on this button, the Customer has the possibility to check the details of his order and its total price, to download the GCS and the withdrawal form, and to return to the previous pages to correct any errors or possibly modify his order, if he so wishes, before confirming it to express his final acceptance. After confirming the content of his order, the Customer will validate it definitively by his payment. The order will be final only after the payment of the corresponding price.
In order to comply with the provisions of Article 1127-2 of the Civil Code, an e-mail acknowledging receipt of the order and its payment will be sent, without undue delay, by the Vendor. After the conclusion of the contract and at the latest at the time of delivery, in accordance with the provisions of art. L. 221-13 of the French Consumer Code, the Customer will receive, on a durable medium, an e-mail confirming his order detailing the products ordered, the price including all taxes and delivery charges as well as the GCS and the withdrawal form.
Any modification of the order by the Customer after confirmation of his order is subject to the acceptance of the Seller. To do so, the Customer must imperatively address his request to the Seller by e-mail or by phone.
The archiving of the communications, the purchase orders and the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy which will answer the conditions of the art. 1379 of the Civil code. These communications, order forms and invoices can be produced as proof of the contract and its conditions.
As indicated in Article 6, if the products ordered are unavailable for delivery, the Seller shall immediately inform the Customer and may offer him a product of equivalent quality and price. In case of disagreement, the Customer shall be reimbursed within fourteen days of payment of the sums paid.
The ordered products are payable in full at the time of order and in Euros. An invoice expressed in Euros including all taxes will be issued by the Seller and sent to the customer at the billing address indicated. In case of non-payment or refusal of payment authorization from accredited organizations, the order will be refused.
Payment is made immediately upon ordering by credit card via the PayPal site.
The payment by credit card is made via the secure platform Paypal integrated into the site "chateauducedre.com". Paypal secures transactions in 3D SECURE.
In accordance with and under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer may withdraw from the contract concluded with the Vendor, without giving any reasons, within fourteen days of receiving the goods. To exercise the right of withdrawal, the Customer must notify the Seller’s electronic (email@example.com) or physical address, as mentioned in Article 1.1, of his decision to withdraw from the present contract by means of a written statement without ambiguity. The Customer may use the model withdrawal form provided by the Seller.
However, the Customer has no right of withdrawal for the bottle(s) that he/she will have unsealed after their delivery for reasons of hygiene and health protection, in accordance with Article L. 221-28 of the Consumer Code. The Customer is not deprived of the legal guarantee of conformity (see article 11).
The effects of withdrawal are governed by Articles L. 221-23 and L. 221-24 of the Consumer Code. In the event that the Customer withdraws from the contract concluded, the Seller shall reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method proposed by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the Customer’s decision to withdraw, unless the Seller offers to collect the goods himself.
The Seller shall proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any case, this refund shall not entail any costs for the Customer. The Seller may defer the refund until it has received the goods or until the Customer has provided proof of shipment of the goods, whichever comes first.
The Customer shall return the product(s) to the Vendor, bearing the direct cost of returning them, or return them to the Vendor’s address, without undue delay and, in any event, no later than fourteen days after the Customer has informed the Vendor of its decision to withdraw from the sales contract. This deadline is deemed to have been met if the Customer returns the product before the expiry of the fourteen-day period. The Customer may be held liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature and characteristics of the goods.
The products are delivered to the address indicated by the Customer on the order form. For technical and logistical reasons, the Customer can only be delivered in Metropolitan France.
The Seller undertakes to deliver the products within 15 days (unless otherwise agreed by the parties) after receipt of the order and payment of the corresponding price.
In case of failure of the Seller to deliver the products or at the expiry of the time limit provided for in article 10.2, and unless the parties have agreed otherwise, the Customer will be able to cancel the contract under the conditions provided for in articles L. 216-2 and following of the Consumer Code, without prejudice to an action for compensation of the damage possibly suffered.
If the Customer notices at the delivery that an element misses or that the products underwent a damage, it must indicate it in writing on the delivery order. The Customer must also notify the carrier of the reservations made on the delivery slip, within 3 days, not including holidays, following receipt of the products, in order to allow the Seller to assert its rights with the carrier retained in accordance with Articles L. 133-1 and L. 133-3 of the Commercial Code. The address to which the reservations must be notified will be indicated to the Customer on the package. Failure to comply with these formalities shall not deprive the Customer of its right to claim the non-conformity of the products, as the Seller shall bear the transport risks. On the other hand, failure to comply with these formalities shall oblige the Customer to compensate the Seller for any loss suffered as a result of the latter’s loss of recourse against the carrier.
All products supplied by the professional Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and the legal guarantee of hidden defects provided for in Articles 1641 et seq. of the Civil Code.
When he acts in legal guarantee of conformity, the consumer :
Is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. The defects of conformity which appear within this period are presumed to exist at the time of delivery, unless proven otherwise, in accordance with art. L. 217-7 of the Consumer Code;
has a period of two years to act from the delivery of the goods;
may choose between repairing or replacing the good, subject to certain cost conditions provided for in Articles L. 217-9 and following of the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the customer can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The elements reproduced on the present site, whether visual or sound, are the exclusive property of the publisher or the Vendor, and are protected by copyright, trademark law and patent law. Any reproduction and any diffusion of these elements, without prior written authorization of the publisher and the company holding the rights, expose the offenders to legal proceedings.
Certain personal data are collected from the Customer in order to be able to respond to his/her requests. If the Customer chooses not to communicate them, the request cannot be processed. This data is subject to computer processing necessary to process the order and manage relations with the Customer. The information relating to all orders is stored and archived for as long as necessary for the proper conduct of business relations under conditions of enhanced security and may be used as evidence in case of dispute. The data collected relating to the delivery of goods purchased may be communicated to the Seller’s partners for the delivery of purchases. The personal data collected by the Seller may be used for direct marketing operations carried out by mail, email, after the prior consent of the Customer. However, the Seller may use this personal data for marketing operations related to similar products.
The personal data may also be communicated to the Seller’s partner or related companies, but the Customer may expressly object to this communication for marketing purposes, either at the time of collection or at a later date, by writing to the Seller by e-mail or at the address of its registered office. The Customer may exercise his right to access, rectify or delete this personal data and object to this data being used for marketing purposes, in particular under the conditions provided for by the amended law 78-17 of 6 January 1978 and by the EU Regulation n°2016/679 on the protection of personal data of 27 April 2016. He shall make the request by e-mail to the e-mail address firstname.lastname@example.org or by mail to the address of the Seller’s registered office.
For any difficulty or claim, the Customer is invited to contact the Seller beforehand either by e-mail at the address email@example.com, or by mail at the address of the head office Bru 46700 VIRE SUR LOT.
Disputes that persist despite this prior attempt, which arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract may be submitted to the Mediation of Consumption. In accordance with the provisions of art. L. 612-1 of the Consumer Code, any consumer has the right to have recourse, free of charge (except for the cost of assistance by a consultant), to a consumer mediator for the amicable resolution of a dispute between him/her and a professional, within one year following his/her written complaint to the seller’s services.
In accordance with Article L. 616-2 of the French Consumer Code, the Customer is informed of the existence of the platform put online by the European Commission, which aims to collect any complaints arising from an online purchase by European consumers and then transmit the cases received to the competent national mediators: this European platform for out-of-court settlement of online consumer disputes is accessible at the address: https://ec.europa.eu/consumers/odr/. As regards French customers, and while waiting for the referencing of a consumer mediator of the official competence of its branch of commercial activity, the salesman proposes the recourse to the Center of Mediation and Arbitration of PARIS. A dispute can only be examined, except in exceptional cases, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer may in any event have recourse to a conventional mediation procedure or to any other alternative dispute resolution method.
The activity of electronic commerce is subject to the law of the Member State on whose territory the person carrying out the activity is established, as long as this is the common intention of the parties and in particular of the person receiving the goods. Any natural or legal person exercising this activity is fully liable to the Customer for the proper performance of the obligations arising from the contract, whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against them.
The sales contract and these GCS are subject to French law. However, with regard to customers residing in a Member State other than France, they may not be deprived of the protection afforded to them by the mandatory rules of the legislation of their country of residence. In the absence of an amicable settlement, disputes relating to orders placed on the site shall fall under the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or the introduction of third parties.
(Please complete and return the form with your order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
To the attention of : S.A.R.L. LE CEDRE DIFFUSION, Bru 46700 VIRE SYR LOT – Tél. 05 65 36 53 87 – firstname.lastname@example.org
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on [………………………………],
Received on […………………………………]
Order number : [……………………………………………]
Name of customer(s): [………………………………………………………]
Customer(s) Address: […………………………………………………]
Signature of Client(s)
(Only in case of notification of this form on paper)