d c o n d i t i o n s o f s a l e
Terms and conditions of use
The online shop has been set up by Domaine de la Motte, which is the operator of this site. Any order taken for a product appearing in the Domaine de la Motte online shop implies prior consultation of these general conditions. Consequently, the consumer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website shop. The consumer has the option of saving or editing these general terms and conditions, it being specified that both saving and editing this document are the sole responsibility of the consumer. Before placing an order, the consumer declares that the purchase of these products is not directly related to his/her professional activity, and that they are for personal use only. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired through the website were in fact related to his or her professional activity. The online shop set up by Domaine de la Motte as part of the website includes the following information:
Presentation of the essential characteristics of the goods on offer
Indication, in Euros, of the price of the goods and, where applicable, delivery charges
Indication of the terms of payment
The existence of a right of withdrawal
All this information is presented in French. The consumer declares that he/she has full legal capacity to enter into commitments under these terms and conditions.
Article 1 : Full
These general terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept unreservedly all the provisions set out in these general terms and conditions. No general or specific condition appearing in documents sent or handed over by the consumer may be incorporated into these terms and conditions, insofar as such documents are incompatible with these terms and conditions.
Article 2 : Object
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Domaine de la Motte to the consumer.
Article 3 : Entry into force – duration
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed to, until the extinction of the guarantees owed by the Domaine de la Motte.
Article 4 : Electronic signature
The consumer’s ‘double click’ on the order form constitutes an electronic signature which has the same value between the parties as a handwritten signature.
Article 5 : Proof of transaction
The computerised registers, kept in the Domaine de la Motte’s computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments that have taken place between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as proof.
Article 6 : Product information
7-a: On its website, Domaine de la Motte presents the products for sale with the characteristics necessary to comply with Article L 111-1 of the French Consumer Code, which allows potential consumers to know the essential characteristics of the products they wish to purchase before placing their final order.
7-b: The offers presented by Domaine de la Motte are only valid while stocks last.
Article 7 : Price
Prices are given in euros and are only valid on the date the order form is sent by the consumer. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop. Payment of the full price must be made when the order is placed. At no time may the sums paid be considered as deposits or advance payments.
Article 8 : Method of payment
To pay for his/her order, the consumer has a choice of all the methods of payment indicated on the order form. The consumer guarantees Domaine de la Motte that he/she has the necessary authorisation to use the method of payment chosen by him/her when validating the order form. The Domaine de la Motte reserves the right to suspend any order and any delivery in the event of refusal to authorise payment by bank card by the officially accredited organisations or in the event of non-payment. In particular, the Domaine de la Motte reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress. For payment by cheque, a copy of an identity document must be provided.
Article 9 : Product availability
The order will be processed no later than 5 working days from the day following the day on which the consumer placed the order. If the product ordered is unavailable, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.
Article 10 : Delivery problems caused by the carrier
Goods travel at the recipient’s risk. Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of ‘handwritten reservations’, accompanied by the customer’s signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two (2) working days of the delivery date, setting out the aforementioned complaints. The consumer must send a copy of this letter by email or by post to :
Domaine de la Motte
35 Grande Rue
89800 Beine
domainemotte@chablis-michaut.fr
Article 11 : Delivery errors
11-a: The consumer must contact Domaine de la Motte on the day of delivery to make any claim of error in delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this deadline will be rejected.
11-b : The formulation of this complaint with the Domaine de la Motte can be made in priority by telephone at 03 86 42 43 71 – via the following e-mail address domainemotte@chablis-michaut.fr you can ask us your question through the menu contact us by specifying the reference of the order.
11-c: Any claim not made in accordance with the rules defined above and within the time limits set will not be taken into account and will release the Domaine de la Motte from any responsibility towards the consumer.
11-d: In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to Domaine de la Motte in its entirety and in its original packaging, by parcel delivered against signature, to the following address:
Domaine de la Motte
35 Grande Rue
89800 Beine
Domaine de la Motte is responsible for shipping costs, except in the case where the product taken back does not correspond to the original declaration made by the consumer in the return form.
Article 12 : Right of withdrawal
Consumers have a period of 8 working days to return, at their own expense, any products that do not suit them. This period runs from the day of delivery of the consumer’s order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance to Domaine de la Motte: – in priority 03 86 42 43 71, via the following e-mail address: domainemotte@chablis-michaut.fr
Only products returned in their entirety, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be reimbursed or exchanged.
This right of withdrawal is exercised without penalty, with the exception of the cost of return. If the right of withdrawal is exercised, the consumer has the choice of requesting either a refund of the sums paid or an exchange of the product. In the case of an exchange, the return will be at the consumer’s expense.
If the right of withdrawal is exercised, Domaine de la Motte will make every effort to reimburse the consumer within 15 days.
The consumer will then be reimbursed by crediting their bank account (secure transaction) by bank transfer, subject to obtaining the customer’s bank details, or by cheque.
Article 13 : Force majeure
Neither party will have failed to fulfil its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. The term ‘fortuitous event’ or ‘force majeure’ shall be taken to mean any facts or circumstances which are irresistible, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The party affected by such circumstances will notify the other within ten working days of becoming aware of the circumstances. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 14 : No partial validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.
Article 15 : Title
In the event of any difficulty of interpretation between any of the headings appearing at the beginning of the clauses and any of the clauses, the headings will be declared non-existent.
Article 16 : Applicable law
These general terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact Domaine de la Motte for an amicable solution.
Article 17 : Intellectual Property
The Domaine de la Motte is the producer and owner of all or part of the databases making up the website and the data is protected by copyright. Any reproduction, even partial, is prohibited.
Article 18 : Protection of minors
In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of 18 is prohibited, by entering your date of birth and completing the order form, you undertake to have reached the age of 18 by the date of the order.
Article 19 : Delivery
By virtue of law n°80335 of 12.05.1980, ownership of the goods is reserved to Domaine de la Motte until full payment of the order.
Transport costs vary according to the quantity ordered. Please do not hesitate to give us all the information we need to ensure that delivery takes place under the best possible conditions. Days when you will be able to receive your order, telephone number where you can be reached, person to leave the order with in case of absence, ….
Article 20 : PERSONAL DATA AND CONFIDENTIALITY CHARTER
In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, the collection and processing of the purchaser’s personal data via the chablis-michaut.fr website has been declared to the Commission Nationale de l’Informatique et des Libertés (declaration number 795359).
Domaine de la Motte is responsible for processing personal data.
a. Data collection
Visiting and consulting the www.chablis-michaut.fr site does not require the Internet user to provide any personal data.
Domaine de la Motte may collect the buyer’s personal data when the buyer orders products from the Online Shop. In application of article L34-5 of the French Post and Electronic Communications Code, Le Domaine de la Motte reserves the right to use customers’ electronic and/or telephone contact details to send commercial information intended to promote products or services in its catalogue or for quality control purposes, to the exclusion of any other use of direct canvassing on behalf of third parties.
The information that is essential for Le Domaine de la Motte to fulfil its mission as described above is indicated by an asterisk.
In the event of refusal to communicate the information indicated as obligatory, Le Domaine de la Motte will not be able to fulfil its mission.
The purchaser undertakes to provide accurate information which does not prejudice the interests or rights of third parties.
b. Privacy policy
Domaine de la Motte undertakes to preserve the confidentiality of the purchaser’s personal data.
Sharing and disclosure of personal data
The Domaine de la Motte is the sole recipient of the purchaser’s personal data.
Domaine de la Motte will only pass on the purchaser’s personal data to a third party in the following cases:
when the purchaser has given his or her prior consent to the sharing of this information (for example, for a special promotional event),
when Le Domaine de la Motte must share this information with delivery services in order to provide the service requested by the purchaser, or
when Le Domaine de la Motte receives a request from a judicial authority or any administrative authority authorised by law to communicate this information in accordance with the legislative provisions in force.
Retention of personal data
The buyer’s personal data is kept for as long as the buyer’s account is used, plus either a period of 18 months from the last time the buyer browsed the site or used the buyer’s account, or a period of 18 months from the date of the request to delete the buyer’s account, in order to prevent any unlawful behaviour after the buyer’s account has been deleted (re-use of the buyer’s old account by a third party).
The buyer’s electronic identification data and cookies are kept for a period of 18 months from the time they are collected or last updated.
Rights of access, modification, rectification and deletion
The buyer has a general right to access, modify, rectify and delete his/her personal data.
The buyer may exercise these rights by sending a letter to :
Domaine de la Motte
35 Grande Rue
89800 Beine
Safety measures
The Domaine de la Motte implements means intended to ensure the security of files constituted from personal data collected on the www.chablis-michaut.fr site.
The Domaine de la Motte does not control the risks associated with the operation of the Internet and draws your attention to the existence of possible risks in terms of confidentiality of data transmitted via this network.