General terms and conditions of sale for individuals
-Delivery in France only-
The company CHAPELLE de NOVILIS is registered in the commercial register under the number RCS BEZIERS 538 099 862. Its postal address is route de Villenouvette, 34370 Maraussan, FRANCE and its e-mail address is: firstname.lastname@example.org. Any order placed under a product appearing in the online shop of the website CHAPELLE de NOVILIS supposes the consultation and prior acceptance of these General Terms and Conditions of Sale. The click of validation of the order implies a full acceptance of the present ones. This click has the value of “digital signature”.
ARTICLE 1 – PURPOSE
The purpose of these General Conditions of Sale is to define the rights and obligations of the parties in the online sale of products offered by CHAPELLE de NOVILIS to the consumer.
ARTICLE 2 – ORDER CONFIRMATION
The contractual information will be confirmed by e-mail at the address indicated by the consumer in the order form.
ARTICLE 3 – PROOF OF THE TRANSACTION
The computerized registers kept in the computer systems of the company CHAPELLE de NOVILIS under reasonable conditions of safety are considered as evidence of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
ARTICLE 4 – PRODUCT INFORMATION
Every effort has been made to ensure the accuracy of the information presented on the website CHAPELLE de NOVILIS or its suppliers are nonetheless not responsible for the consequences, incidents, special damages resulting from electronic transmissions or accuracy of the information transmitted even in the event that CHAPELLE de NOVILIS is aware of the possibility of such damages. Names and brands of products and manufacturers are used for identification purposes only. The pictures, descriptions and prices of the products are not contractual.
ARTICLE 5 – DURATION OF VALIDITY OF THE OFFER AND THE PRICE OF SUCH
Our prices are valid for the calendar year, apart from the one-off offers.
The prices of the products sold on the online shop of the website are indicated in Euros all taxes included and precisely determined on the pages of descriptions of the Products. CHAPELLE de NOVILIS reserves the right to modify its prices at any time for the future. The costs of telecommunication necessary to access the website of CHAPELLE de NOVILIS are the responsibility of the Customer, as well as the delivery costs.
ARTICLE 6 – TERMS AND CONDITIONS OF ORDER FOR WINES
Our wines are ordered by (12) twelve bottles and no quantity limit for the NEUS and EVOLUS red range. On the other hand, for EVOLUS white and ALTIS red, the order is limited to (6) six bottles.
ARTICLE 7 – DELIVERY PROCEDURES
The products are delivered to the address indicated by the consumer on the order form and only on the geographical areas that we serve.
All products leave our premises in perfect condition. The customer must inform the carrier (or the factor) of any small traces of shock (holes, traces of crushing, etc.) on the package and, if necessary, refuse the package. A new identical product will be returned to you free of charge.
The exchange of any product declared, a posteriori, damaged during the transport, without any reserve being issued on the reception of the parcel, cannot be taken in charge.
As with any shipment, it may be delayed or the product gets lost. In such a case, we contract the carrier to start an investigation. All efforts are made, as long as necessary, to find this package. If necessary, the merchant will be reimbursed by the carrier and will deliver a new identical package at his own expense.
We cannot accept any responsibility for the longer delivery times caused by the carrier, particularly in case of product loss, bad weather or strike.
ARTICLE 8 – DELIVERY ISSUES DUE TO THE CARRIER
Any anomaly concerning delivery (damage, missing product in relation to the delivery note, damaged package, broken products …) must be indicated on the delivery slip in the form of a “manuscript reserve”, accompanied by the signature of customer.
The consumer must also confirm this anomaly by sending a registered letter with acknowledgment of receipt stating the claims to the carrier within two (2) working days of the delivery date.
The consumer must send a copy of this letter to CHAPELLE de NOVILIS, route de Villenouvette, 34370 Maraussan. We will not be able to make any exchanges without this observation.
ARTICLE 9 – DELIVERY ERRORS
The consumer must formulate in writing by sending a letter to CHAPELLE de NOVILIS, on the same day of the delivery or at the latest on the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in Nature or quality in relation to the indications on the order form.
After this period, any complaint will be rejected. The formulation of this claim with CHAPELLE de NOVILIS can be made at CHAPELLE de NOVILIS, route de Villenouvette, 34370 Maraussan.
Any complaint not made in the rules defined above and in the time allowed will not be considered and will release CHAPELLE de NOVILIS from any liability towards the consumer.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to CHAPELLE de NOVILIS as a whole and in its original packaging in impeccable condition at CHAPELLE de NOVILIS, route de Villenouvette, 34370 Maraussan .
To be accepted, any return will have to be signaled and have the prior agreement of CHAPELLE de NOVILIS, which in case of agreement will redirect the parcel to the right address.
The shipping costs shall be borne by CHAPELLE de NOVILIS, except in the event that it proves that the product does not correspond to the declaration of origin made by the consumer in the correct direction of return.
ARTICLE 10: RETRACTION TIME
In accordance with Article L. 121-20 of the French Consumer Code, “the consumer shall have 14 days to exercise his right of withdrawal without having to justify reasons or to pay penalties, with the exception, where applicable, the costs of return “. “The period referred to in the preceding paragraph runs from the time of receipt for the goods or from the acceptance of the offer for the supply of services”. The right of withdrawal can be exercised by contacting CHAPELLE de NOVILIS by mail to CHAPELLE de NOVILIS, route de Villenouvette, 34370 Maraussan. The courier will have to specify the customer number, the date and the order number. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and shipping costs will be reimbursed, the return costs will be borne by the Customer. The returns of the products are to be carried out in their whole and in their original packaging in impeccable state so that they can be
re-commercialized under new conditions; they should, if possible, be accompanied by a copy of the purchase receipt.
ARTICLE 11 – FORCE MAJEURE
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by a fortuitous event of force majeure. Any act or circumstance irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable efforts, shall be regarded as a case of force majeure.
The party affected by such circumstances shall notify the other party within ten working days of the date on which it became known. The two parties shall, within a period of three (3) months, then, unless it is impossible due to force majeure, come closer to examining the effect of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration exceeding a duration of one month, these General Conditions of Sale may be canceled by the aggrieved party. Expressly, force majeure or unforeseeable circumstances are considered, in addition to those which are usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport, earthquakes, fires, storms, flooding, lightning, the termination of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers
ARTICLE 12 – NON-PARTIAL VALIDATION
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalidated or declared as such by law, regulation or as a result of a final decision of a competent court, the other stipulations shall keep their strength and their scope.
ARTICLE 13 – NO WAIVER
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these General Terms and Conditions of Sale cannot be interpreted as a claim in the future to the obligation in question.
ARTICLE 14 – APPLICABLE LAW
These General Conditions of Sales are subject to French law. This is so for the rules of funds as for the rules of form.
In the event of a dispute or complaint, the consumer will address in priority to CHAPELLE de NOVILIS to obtain an amicable solution.
ARTICLE 15 – PROTECTION OF PERSONAL DATA
All the data that you entrust us are to be able to process your orders. By virtue of law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have the right to rectification, consultation, modification and deletion of data from the CHAPELLE de NOVILIS. You have communicated to us. This right can also be exercised online.
ARTICLE 16 – DISPUTES
Any order placed through the website CHAPELLE de NOVILIS entails the client’s adherence, without any restriction, to the General Conditions of Sale of the CHAPEL OF NOVILIS. In case of sale to a legal entity, any dispute relating to the sale (price, GTC, products) will be subject to French law before the Commercial Court of Béziers.