Article 1: Legal Notice
www.vignobles-saint-marc.fr is a website for the company SOCIETE COOPERATIVE AGRICOLE DE VINIFICATION - CAVE ST MARC, 667 Avenue de l'Europe 84330 CAROMB, FRANCE
Tel: +33 (0)22.214.171.124.83
783 211 154 RCS AVIGNON
Intra-Community VAT number: FR 49783211154
Website registered with the CNIL on October 20, 2010 under the reference 1461304 v o.
Publishing Director: Pierre AUFFAN
The site is hosted by:
Paris 401 876 081
36 Boulevard de la Bastille 75 012 Paris, FRANCE
Server URL: https://www.vignobles-saint-marc.fr/en/
Prestashop Store Label
Technical Platform: Prestashop 1.7 under Debian 9
Article 2: Account Setup and Scope
2.1. Account Setup
To place an order, the customer must have an active account. Accounts can be set up online at any time. When setting up an account, the customer must accept the entirety of the General Terms and Conditions by ticking the appropriate box.
The customer acknowledges that they act in connection with their specific requirements, to the exclusion of any professional activity.
The customer agrees to provide accurate information as to their name, address and other data required for access, and to update any changes to this information. The customer is solely responsible for maintaining the confidentiality of their access codes.
These General Terms and Conditions apply to all orders placed via www.vignobles-saint-marc.fr, as well as all orders received by fax, post or telephone, whatever clauses may otherwise appear on the customer’s documents.
Apart from specific cases, the other articles remain applicable to these orders.
In the event of a situation not covered by these General Terms and Conditions, the distance selling rules of the company headquarters will apply.
Article 3: Orders
www.vignobles-saint-marc.fr agrees to accept orders placed via the Internet according to these General Terms and Conditions and while stocks last.
In case of stock shortage, we will notify you of the necessary procurement lead times for the desired product or we will offer you a replacement product. www.vignobles-saint-marc.fr will carry out each order by making one or more deliveries of the products ordered.
When confirming the order, the customer declares that they have read and accepted the entirety of these General Terms and Conditions.
It is therefore up to the customer to check the accuracy of the order and to report any errors immediately.
Any order will only be taken into account after payment has been received and will be confirmed by www.vignobles-saint-marc.fr via email.
www.vignobles-saint-marc.fr therefore reserves the right to cancel any non-compliant or doubtful orders, as well as those from a customer with whom there is a pre-existing dispute of any kind.
The Seller is not intended to sell the Products on www.vignobles-saint-marc.fr to professionals, but only to consumers or non-professionals, for their personal needs.
www.vignobles-saint-marc.fr reserves the right to refuse any order for legitimate reasons and more particularly where the quantities ordered are abnormally high compared to the quantities usually ordered by customers as consumers.
The website www.vignobles-saint-marc.fr offers its customers a "money back" guarantee. If the products do not match the standards expected by the customer, they may obtain a refund. To do this, the customer must first contact customer service to inform them of the reasons for dissatisfaction.
The guarantee assumes genuine dissatisfaction from the customer as to the products’ standards. Thus, only one bottle may be missing (i.e. opened) from one single order reference for the other bottles of the same reference to be refunded. The remaining products (i.e. unopened) must be returned in their original state (bottles sealed, rings uncut, necks untouched) to Cave Saint Marc - 667 avenue de l'Europe - 84330 Caromb - FRANCE
Article 4: Pricing
Except for explicitly specified cases, the prices shown are in euros and are inclusive of all taxes (VAT, excise duties and any other applicable taxes). The prices shown are end prices and exclude shipping and delivery costs. These shipping costs may vary depending on the number of products ordered and the country of destination.
Rates take into account possible discounts granted by the Seller on the website www.vignobles-saint-marc.fr .
These rates are binding and non-revisable for the period in which they are valid, as stated on the website www.cave-saint-marc.fr, the Seller reserving the right to change prices at any time outside this validity period.
An invoice will be issued by the Seller and sent to the Customer via email or, at the latter’s request, to their billing address.
Article 5: Validity of Offers
Products are offered while each sale and stocks last.
www.vignobles-saint-marc.fr cannot be held responsible for any stock shortage causing a delay in the delivery of the order.
Should one or more products be unavailable after an order has been confirmed, www.vignobles-saint-marc.fr agrees to inform the customer via e-mail as soon as possible. In agreement with the customer, www.vignobles-saint-marc.fr may change the order or refund the unavailable product(s) by crediting the payment card used when the order was placed.
Article 6: Delivery
Except in explicitly specified cases, delivery time is 2 to 7 working days after receipt of payment. Non-working days include Saturdays, Sundays and public Bank holidays, as well as days when road transport is prohibited. These delivery times are stated in the order confirmation e-mail received by the customer.
The order will be delivered at the address chosen by the customer.
Deliveries are carried out by an independent carrier, to the address given by the customer when the order was placed, and which the carrier can easily access.
The risks related to loss and deterioration of the products will only be transferred when the customer physically takes possession of the products. The products therefore travel at the Seller's risk.
The customer is required to carefully check the parcels’ contents upon delivery in order to issue any reservations to the carrier immediately. In the event of failure to deliver the order and in the absence of response or advice from the customer within a period of 6 months allowing to set up a redelivery or a refund, the order will be considered as remaining the property of www.vignobles- saint-marc.fr without any further formalities.
Article 7: Withdrawal
Pursuant to Article L.221-18 of the French Consumer Code, the customer has fourteen days from the delivery of their order to return the item delivered for exchange or refund, whichever the customer chooses, without penalty except for the return costs.
In case of withdrawal, the customer may obtain the information provided for by Article L221-5 of the French Consumer Code.
The procedure is as follows
The customer notifies their decision to withdraw via the contact page or by means of an unambiguous declaration specifying their contact details and allowing customer service to identify the products - in particular the relevant order reference and details of the products to be returned.
The customer returns the product(s) concerned to Cave Saint-Marc - 667 avenue de l'Europe - 84330 Caromb, FRANCE, within a reasonable time limit and at the latest within 14 calendar days following communication of the customer's decision to withdraw.
Products must be returned in their original condition and in full, in a packaging identical to that used for shipping, along with a proof of purchase or a copy of the invoice(s).
Damaged, soiled or incomplete products will not be accepted for returns.
Cave Saint-Marc agrees to reimburse the customer, within a maximum period of fourteen days after notification of the withdrawal, and subject to the products being returned. Return costs of the product remain the customer’s responsibility.
Article 8: Payment
Payment for products purchased from www.vignobles-saint-marc.fr is due in full when the order is placed.
Payments can be made by credit card, check, payable to Cave Saint-Marc, or by transfer.
Pursuant to Article L441-1 of the French Commercial Code:
A penalty amounting to 3 times the legal interest rate applies in the event of delayed payment of an invoice.
A fixed compensation of €40 applies in the event of an invoice being paid after the due date, to cover recovery costs.
No discount will be granted in case of advance payment of an invoice.
Article 9: Retention of Title
In accordance with the law passed on May 1, 1980, products delivered to the customer are sold under retention of title. Transfer of ownership is subject to products being paid in full by the customer on the date agreed between the parties.
In the event of non-payment of the total price of the goods by the agreed due date, Cave Saint-Marc may claim ownership of the products at the expense and risk of the customer.
Article 10: Personal Data
Signing up on www.vignobles-saint-marc.fr requires the customer to communicate a number of personal data. The information required is marked with an asterisk. The processing of this information has been declared with the CNIL under the reference: 1461304 vo since October 20th, 2010.
These data, which are necessary to process the order and manage the commercial relations between www.vignobles-saint-marc.fr and its customers, are kept secure and confidential, and are not subject to any commercial use by third parties.
Pursuant to the Computers and Liberties French Act (“Informatique et Libertés”) n° 78-17 of January 6th, 1978, the customer has the right to access, alter, rectify and delete any of their personal data. They can exercise this right by way of a letter sent to the following address:
Gestion des données personnelles
667 avenue de l'Europe
Article 12: Guarantees
The Products are covered by the legal guarantee of conformity as stipulated by Articles L217-4 et seq. of the French Consumer Code and by the guarantee against hidden defects provided for by Articles 1641 et seq. of the French Civil Code.
The legal guarantee of conformity is applicable regardless of the commercial guarantee that may cover the product. The customer may decide to implement the guarantee against hidden defects as stipulated by Article 1641 of the French Civil Code; in this case, they may choose to either have the sale cancelled or the selling price reduced pursuant to Article 1644 of the French Civil Code.
Legal guarantee of conformity:
Please note that the customer:
Has a period of two years from delivery of the property to take action;
May choose to have the goods either repaired or replaced, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code;
Is exempted from proving lack of conformity of the goods for twenty-four months from delivery of the goods.
The procedure is as follows:
The customer claims guarantee of conformity via the contact page or our customer service (see the Contacts page for details);
Our customer service will review the request;
If the reasons for return are justified, the customer may return the Products concerned to the following address: Cave Saint Marc - 667 avenue de l'Europe - 84330 Caromb - FRANCE;
Products must be returned in their original condition and in full, in a packaging identical to that used for shipping.
The returned Product(s) will be refunded via the same payment method used by the customer when they paid for the order or by bank transfer.
The reimbursement date may be postponed until the date of actual receipt of the Product(s) at the above address.
Article 13: Responsibility
Texts and photos displayed are for guidance only and do not constitute any sort of contractual obligation for the product presented to be exactly similar to the product ordered.
Article 14: Applicable Law
This contract has originally been written in French. All clauses of these General Terms and Conditions, all transactions and purchases carried out via www.vignobles-saint-marc.fr, as well as by post and telephone are governed by French law. Any dispute where no amicable agreement has been reached will fall under the jurisdiction of the courts where Cave Saint-Marc has its headquarters or those of any département chosen by the client.
Article 15: Protection of minors
Pursuant to Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. Members declare to be at least 18 years old when placing an order via www.vignobles-saint-marc.fr
Article 16: Computers and Liberties
Pursuant to the 78-17 Act of January 6, 1978, please note that personal data requested from the Customer are necessary for the processing of orders and the issuing of invoices amongst others.
These data may be communicated to the Seller's potential partners responsible for the processing, management and payment of orders.
The processing of information communicated via www.vignobles-saint-marc.fr has been declared to the CNIL.
In accordance with current French and European regulations, the Customer has the right to permanently access, and the right to alter, rectify and object to any of their personal information.
This right may be exercised under the terms and conditions set out on www.vignobles-saint-marc.fr .
Article 17: Intellectual Property
The sales contract concluded between the customer and www.vignobles-saint-marc.fr does not entail any transfer of intellectual or industrial property rights. The reproduction or duplication of all or part of one of the distinctive signs on the site is strictly prohibited and must be subject to prior written authorization.
Elements reproduced on www.vignobles-saint-marc.fr are the exclusive property of the publisher, and are protected by copyright law, trademark law and patent law. None of these elements may be reproduced or distributed without the publisher’s prior written permission. Offenders will incur legal action.
Article 18: Contractual Provisions
Any null and void contractual clause shall not render void all of the General Terms and Conditions.
These General Terms and Conditions may be modified at any time: the applicable General Terms and Conditions are those on the website at the time the customer placed their order.
Article 19: Liability - Force Majeure
www.vignobles-saint-marc.fr may not be held liable for non-performance or improper performance of the contract due to the customer or to an external, unforeseeable and insurmountable event caused by a third party, or to force majeure (as defined by case law and Article 1218 of the French Civil Code.)
Article 20: Pre-contractual Information - Customer’s Acceptance
The customer agrees that they have been informed of the essential characteristics of the product, as defined by Articles L 111-1 to L 11-8 of the French Consumer Code.
An order placed by a natural (or legal) person on www.vignobles-saint-marc.fr entails full acceptance of these Terms and Conditions and obligation to pay for the products ordered. This is expressly acknowledged by the customer, who renounces, among other things, to make any form of claim based on any other document, which would be unenforceable against the Seller.
ANNEX I - PROVISIONS ON LEGAL WARRANTIES
Article L217-4 of the French Consumer Code
The seller is required to deliver a product in accordance with the contract and is held liable for any lack of conformity existing at the time of delivery. He is also liable for the lack of conformity resulting from the packaging, assembly instructions or installation if he assumed responsibility therefor or it was carried out under his responsibility.
Article L217-5 of the French Consumer Code
- Be fit for the purpose usually associated with such a product and, if applicable: correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; have the features that a buyer might reasonably expect it to have considering the public statements made by the
seller, the producer or his representative, including advertising and labelling;
- Or have features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L217-12 of the French Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the product.
Article L217-16 of the French Consumer Code
When the buyer asks the seller to carry out repairs covered by the guarantee which was granted to him with the purchase or repair of a product, any out of use period of at least seven days will be added to the remaining duration of said guarantee. This period shall run from the time the buyer requested assistance or when the product was taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the French Civil Code
The seller is bound to the guarantee on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it or would only have given a lesser price for it, had he known of them.
Article 1648 paragraph 1 of the French Civil Code
Action resulting from latent defects must be brought by the buyer within a period of two years following discovery of the defect.
ANNEX II - CANCELLATION FORM
This form must be filled in and returned only if the Customer wishes to cancel an order placed on "state website URL", except for specific exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions.
To "Seller’s Number and Street Name"
"Seller’s City Name"
- Order placed on "Date"
- Order reference number: ...........................................................
- Customer’s name: ...........................................................................
- Customer's address: .......................................................................
Customer’s signature (only if this form is to be submitted on paper):