Conditions of Sales |
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1 - Acceptance of the general terms of saleThe present general terms of sale have the aim of defining the mode of the obligations and duties between Internet site www.bourgogne-pascal.com and its customers. These general terms of sale are accessible in an automatic way to the Net surfers since the homepage of the site. Before any passage of order say them general terms of sale are submitted to the Net surfer who commits himself to take note in their entirety of it and subscribing to it if it wishes to continue his order. Consequently, the customer admits accepting without reserve the entirety of the provisions envisaged with present in return for what the www.bourgogne-pascal.com site also begins to respect the obligations which fall on to him within the framework of the present general terms of sale. Any order being subjected to acceptance of present, the customer could not call into question its order within the limits envisaged to the chapter “9 - Right of Retraction and right to repossess” of present. The present general terms of sale can be modified by Internet site www.bourgogne-pascal.com without notice. The customer is thus invited to regularly consult the general terms of sale at the time of his visits on the site and to accept the general terms of sale before each validation of order. 2 - Abuse alcohol and protection of the minorsThe alcohol abuse is dangerous for health, consume with moderation. Pursuant to the article L. 3342-1 of the Public health code prohibiting the sale of alcohol to the minors of less than eighteen (18) years, the customer engages by validating his order to be ten eight years old completed at the date of the order. 3 - PriceExcept contrary mentions the prices posted on the www.bourgogne-pascal.com site are expressed in euros all inclusive of tax except share in the expenses of forwarding, transport and treatment the beginning of the buildings of Internet site www.bourgogne-pascal.com. These prices take account of the tax on the added-value with the rate of 19,6% and of the French rights. The www.bourgogne-pascal.com site reserves the right to modify its prices constantly. However, the prices posted on an order after validation and recording are firm and final. The prices indicated on Internet site www.bourgogne-pascal.com are communicated subject to typographical errors. In the species, Internet site www.bourgogne-pascal.com will contact the customer to communicate the error and the corrigendum of its invoice to him. In the event of typographical errors the customer is free to accept the corrected tariff conditions or to cancel his order. In the case of a cancellation of order the customer will be refunded at the latest in the seven (7) days from the date on which the customer will have notified his cancellation of order. Internet site www.bourgogne-pascal.com could not be regarded as person in charge in the event of going beyond of this time for reasons independent of its will. In the event of price difference noted between several sites of the site, only the price indicated on the card of the detailed description of the product is taken. The handing-over and other promotional offers not cumulable and are limited to one by hearth (even name, even addresses) and per annum. Internet site www.bourgogne-pascal.com reserves the possibility of refusing or of cancelling any order not satisfying this provision. 4 - Presentation of the productsDetailed presentations of the products on sale on Internet site www.bourgogne-pascal.com are posted on the site. Their even partial reproduction is not authorized with the title of the intellectual property. The photographs of the products present on the site are not contractual. 5 - OrderOnly the people able juridically to conclude from the contracts having attracted at the goods and proposed services by Internet site www.bourgogne-pascal.com can place order. Pursuant to the article L. 3342-1 of the Public health code the minors of less than eighteen (18) years completed are not entitled to place order on Internet site www.bourgogne-pascal.com. At the time of the passage of order the customer agrees to give necessary information and attests veracity of these last. In addition, the customer commits himself checking that information which it is brought to seize (in particular bill-to-addresses and delivery, quantity and nature of the ordered products, assembling order) does not comprise errors. These errors could not be charged to Internet site www.bourgogne-pascal.com and cannot give place to complaints or a cancellation of order at the request of the customer. Internet site www.bourgogne-pascal.com begins to treat any order within the limit of stocks available and could not be held for person in charge of the inexecution of the contract concluded with the customer in the event of unavailability of the products, of stock shortage of the products, in the event of major force, of disturbance or strike of the services of transport, communication or all other made unforeseeable and independent of the will of the parts. In the event of unavailability of a product ordered Internet site www.bourgogne-pascal.com will not be able to see its committed responsibility. However, Internet site wwww.bourgogne-pascal.com begins to warn the customer as soon as possible to offer either an equivalent product to him exchanges some, or a refunding in the seven (7) days from the date on which the customer will have been contacted. Internet site www.bourgogne-pascal.com could not be regarded as person in charge in the event of going beyond of this time for reasons independent of its will. Internet site www.bourgogne-pascal.com reserves the right to refuse and cancel any order emitted by a customer with whom it would be in litigation of payment for a former order. In accordance with the provisions of the law N° 80,336 of May 1st, 1980 relating to the reserve of property, Internet site www.bourgogne-pascal.com remains owner of the market products until the integral payment of the order by the customer. This last becomes responsible for the products to the delivery of those. The transfer of possession is worth then acceptance by the customer of the transfer of the risks. 6 - PaymentAny order placed by the customer is regarded as farm and final with the integral payment of this one. Any place order is payable as of the tender of a purchase order to the customer during the process of online shopping. In order to carry out the payment of his order on Internet site www.bourgogne-pascal.com the customer has means of payment by check to send to the following address: SARL Domaine Jean PASCAL & Fils All the banking informations which the customer is brought to communicate to Internet site www.bourgogne-pascal.com neither are stored nor visible on Internet network. In the same way, these banking informations neither are stored nor visible on the waiters of Internet site www.bourgogne-pascal.com. Considering these elements it is requested from the customer to obtain his banking informations with each order. In the twenty four (24) hours following the payment the customer can request from the customer service of www.bourgogne-pascal.com an electronic invoice to format pdf. The customer will in addition receive a copy of his invoice on paper inside the parcels. |
7 - DeliveryUnless otherwise specified the forwarding costs are always the responsibility of the customer. Internet site www.bourgogne-pascal.com delivers the market products only towards the Metropolitan France. No forwarding is ensured apart from these geographical areas. The forwarding of the products ordered by the customer intervenes after the recording of the order, its integral payment, its validation by our services and its preparation. The forwarding of the order generally intervenes in the twenty four (24) hours following the payment of the order by the customer. The products ordered by the customer are dispatched intended for delivery communicated by this one at the time of its order. In the event of delivery made impossible because of one or several errors of seizure of the address of delivery by the customer, the expenses of reforwarding will be with the load of this one which could not be prevailed of complaints for delay of delivery. In the event of invalid address of delivery or delivery made impossible taking into account the supply of erroneous data on the part of the customer, the order will be turned over to the warehouses of Internet site www.bourgogne-pascal.com by the conveyer. The customer will be able then to ask for reforwarding of his order or to cancel his order and to ask for the refunding of this one other than the transport costs. The reforwarding of the order intervenes only after the customer discharged expenses of reforwardings. The products always travel to the risks of the customer. To the delivery of the products it belongs to the customer or to his constituent to check the good state of the parcel or the parcels. In the same way the customer must make sure of the conformity of the delivered products. Any deterioration, not conformity or lack with the delivery will have to be notified by the customer in the form of a writing detailed and gone back accompanied by the signature from the customer or his constituent on the delivery order. Internet site www.bourgogne-pascal.com will not be able to satisfy the complaints with the customer in the event of absence with writing detailed, gone back and accompanied by the signature from the customer or his constituent on the delivery order. If the customer decides to refuse the parcel due to anomaly or of nonconformity this one must notify it on the letter of transport of the conveyer or failing this by registered letter with acknowledgment of delivery within shorter times with the following address: SARL Domaine Jean PASCAL & Fils Any complaint as for the delivery leaving the provisions envisaged in this chapter could not be charged to Internet site www.bourgogne-pascal.com. The products are delivered to the customer by paperboards (of conditioning or overpack). The carriage costs due are indicated during the process of order. The delivery of the products ordered by the customer are done with the door of the customer provided information as for the address of delivery and the access intended for delivery (code carries, number of building etc…) were provided completely and without errors by the customer to Internet site www.bourgogne-pascal.com. In the same way the access terms intended for delivery must make it possible to the conveyer to carry out the delivery. 8 - Carriage costsExcept contrary mention, the prices posted on Internet site www.bourgogne-pascal.com get along except costs carriage. The carriage costs due are indicated at the time of the finalization of the order. Each order is single. Several orders cannot thus cumulate. Thus, the fact of placing several orders after does not cause to amalgamate these orders in only one. According to the amount of the orders, it is thus possible that the customer has to pay several times of the expenses of delivery. 9 - Right of Retraction and right to repossessPursuant to the article L. 121-16 of the Code of Consumption, the customer has a right of Retraction seven (7) clear days as from the reception of the products ordered (the delivery order of the conveyer being taken) on Internet site www.bourgogne-pascal.com without having to justify itself nor to pay penalties except the expenses of return which remain with the load of the customer. If the seven (7) clear days deadline had suddenly expired Sunday or another bank holiday or been unemployed, the time is extended until the first next business day. With regard to the return of the products ordered by the customer in the framework of the exercise of its right of Retraction, the reference of the products to Internet site www.bourgogne-pascal.com by the customer by the means of a conveyer of his choice. Internet site www.bourgogne-pascal.com begins to refund the customer having exerted his right of Retraction at the latest in the seven (7) days following the date on which this right was exerted. Internet site www.bourgogne-pascal.com could not be regarded as person in charge in the event of going beyond of this time for reasons independent of its will. The product turned over by the customer will have to be in his exact state (nonopen bottles, stoppers and labels not damaged) accompanied by its packing of origin and the original invoice. The risks incurred by the products at the time of a return to Internet site www.bourgogne-pascal.com are assumed by the customer. 10 - ConfidentialityIn accordance with the Data-processing law and Freedoms N° 78-17 of January 6th, 1978, the customer lays out of a right of access, correction, opposition and suppression to the personal data relating to it while writing, by mail and while justifying of his identity to the following address: SARL Domaine Jean PASCAL & Fils The furnished informations with Internet site www.bourgogne-pascal.com are necessary to the good progress of the execution of the contract binding the parts. This information remains confidential. 11 - Legal guaranteeConsidering article 1641 of the Civil code Internet site www.bourgogne-pascal.com is held of the guarantee at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or which decrease so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if they had known them. Under the terms of this article the customer has six months to announce in writing (e-mail or mail) a latent defect to the Internet site www.bourgogne-pascal.com which will then contact the customer to organize repatriation by a conveyer of the presumedly defective products for expert testimony without expenses for the customer. At the conclusion of expert testimony and in the event of defect noted by Internet site www.bourgogne-pascal.com it will be proposed to the customer to completely refund it amount of the products whose defect is proven. 12 - LegislationThe present general terms of sale are subjected to the application of the French Right. In the event of litigation the customer is invited to find an out-of-court settlement by contacting the customer service of Internet site www.bourgogne-pascal.com. Failing this, all the conflicts born of the execution of an order or interpretation of the general terms of sale will be competence of the bankruptcy courts. 13 - Legal informationDenomination : www.bourgogne-pascal.com |
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