GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Application of these terms and conditions of sale
The present terms and conditions apply to the sale of products by Plaisirs de Gascogne on its online store (https://www.plaisirsdegascogne.com/en/) and by telephone. They are automatically made available to the buyer on the home page of the Plaisirs de Gascogne website. By clicking on "Terms and Conditions", the buyer will be informed of the applicable terms and conditions, even before starting the ordering process. Consequently, the act of placing an order implies the buyer's full and unreserved acceptance of these G.S.C., to the exclusion of any other document such as prospectuses or catalogs issued by the seller, which are for information purposes only. The fact that the seller does not avail itself at a given time of any of the provisions hereof shall not be construed as a waiver of its right to avail itself subsequently of any of the said conditions. In the absence of a specific stipulation in the present terms and conditions and agreed in writing between the parties, orders are automatically subject to the present terms and conditions of sale, whatever other clauses may appear in the purchaser's documents. Our offers are exclusively reserved for private customers, to the exclusion of professional resellers. The purchaser declares that he/she has read and accepted these General Terms and Conditions of Sale before placing his/her order. Validation of the order therefore implies acceptance of these General Terms and Conditions of Sale. As these may be subject to change, the conditions applicable are those in force on our website on the date the order is placed.
Article 2. Terms of order and payment
Orders are definitive only when they have been validated by the payment of the price by the purchaser. Payment can be made by cheque, bank transfer, Paypal or credit card. Payment is made in full upon confirmation of the order by the customer on the website. An invoice will be issued by Plaisirs de Gascogne and will be available in the "my account" section of the site. At the customer's request, an invoice may be sent by e-mail, or to the customer's billing address. Credit card payments are secured by an SSL-compliant online payment system (Banque Société Générale). In addition, all the banking information that you communicate to us, at the time of your on-line purchase, is neither stored, nor visible on Internet. Plaisirs de Gascogne certifies the confidentiality of your data. Wines remain the property of Plaisirs de Gascogne until invoices have been paid in full, in accordance with the terms of law n°80 336 of May 1st 1980, relating to retention of title. However, the purchaser becomes responsible for the articles as soon as they are delivered, and the transfer of possession constitutes the transfer of risk. All our offers are subject to stock availability, without obligation, unless sold in the meantime. In the event of a product purchased and stipulated as "in stock" on the Plaisirs de Gascogne website being out of stock, we undertake to contact you within 48 hours to arrange a change or partial or full refund of the order (at the customer's discretion). Considering the rare or speculative nature of certain products, restrictions on available quantities may be applied. In such cases, the quantity available is limited per household (same name, same address, same e-mail address, same account or credit card holder). Plaisirs de Gascogne therefore reserves the right to refuse an order if there is any doubt about the existence of a previous order for such a product. All products also stipulated as "available within 10 days" on the site are subject to available and real stock held by the château/domain directly or by the wine merchant/broker making the offer. Therefore Plaisirs de Gascogne undertakes to contact you within 48 hours to arrange a change or partial or full refund of the order (at the customer's convenience)
Article 3. Prices
Prices are quoted in Euros (€) and include all French taxes (French VAT and all other applicable taxes). Prices are subject to typographical and display errors. Prices differ according to the country of delivery in order to bear the various administrative costs. The price indicated on the product sheet does not include shipping costs. Shipping costs are invoiced according to the destination country and the number of bottles ordered. The total amount due, indicated in the order confirmation by Plaisirs de Gascogne, is the final price to be paid, expressed inclusive of all taxes (French VAT and all other applicable taxes): this price includes the price of the products, the costs of handling, packaging and preservation of the products, administrative costs and transport costs. Plaisirs de Gascogne reserves the right to modify its prices at any time. All promotional operations (vouchers, discount vouchers, partner discounts, etc.) are limited to the use of one person per household and per operation. Plaisirs de Gascogne reserves the right to refuse orders that do not meet this criterion. Important: it is the customer's responsibility to select the country of delivery in order to see the products displayed at the prices corresponding to the chosen country of delivery. THE DELIVERY RATES APPLICABLE AT THE TIME OF ORDERING ARE AVAILABLE ON THE SITE.
Article 4. Payment checks
In the event of rejection of your application by our verification department, Plaisirs de Gascogne is entitled to request proof of identity and address from the purchaser (as well as a K BIS extract if the purchaser is a legal entity). In the event of refusal on the part of the purchaser, or of non-conformity of the documents, Plaisirs de Gascogne may demand payment by bank transfer, in exchange for cancellation of the bank transaction or destruction of the cheque issued by the purchaser.
Article 5. Shipping
Plaisirs de Gascogne accepts the order and initiates delivery operations on receipt of payment and approval from our inspection department. Orders are delivered to the purchaser's home address or to any other address indicated on the order. Orders can be delivered in one go to a single delivery point.
Article 6. Intra-Community delivery
All orders placed on our website https://www.plaisirsdegascogne.com/en/ and delivered within the European Union are subject to French law and taxes. Consequently, the buyer wishing to have the goods delivered to an EU country instructs Plaisirs de Gascogne to collect and forward the goods on his behalf to the carrier of his choice. Under French law, deliveries to the EU are limited to 90 liters (equivalent to 120 bottles of 0.75 cl) for still wines and 60 liters (equivalent to 80 bottles of 75 cl) for sparkling wines, and in any case to 120 bottles for mixed orders without exceeding the limit of 60 liters of sparkling wine. By accepting our GCS when placing an order, the purchaser certifies that he/she has read these provisions and accepts them in their entirety. In the event that an order exceeds these quantitative limits, Plaisirs de Gascogne will refuse the order and will propose a price based on the duties and taxes of the country of export. To find out about the terms and conditions, please contact our customer service department via the Contact Us page
Article 7. Delivery times
Plaisirs de Gascogne undertakes to make every effort to deliver the products ordered as soon as possible, and as indicated on the site in the shopping basket. (Delivery times vary according to the availability of the product, the type of transport chosen, and the country of destination of the goods). If the buyer orders different products with different delivery times, the longest delivery time applies to the entire order. Delivery is made within the agreed time by handing over the product directly to the named addressee, or, in the event of absence, by notification of availability. If delivery cannot be guaranteed within this timeframe, the consumer will be informed as soon as possible and may cancel the order and obtain the complete cancellation of the sale. They may then request an exchange of the product(s) or a full refund of their order. Delivery times are counted from order validation, i.e. receipt of payment, bank authorization (online credit card) and approval by the verification department. More details on our delivery times can be found directly on our website https://www.plaisirsdegascogne.com/en/.
Article 8. Liability
Plaisirs de Gascogne shall not be held liable for non-performance of the contract entered into in the event of force majeure or fortuitous event, in particular disruption or strike, whether total or partial, notably of the postal services and all other means of transport or communication, or due to the act of an unforeseeable or insurmountable third party, or in the event of fault on the part of the purchaser, notably errors in entering contact details or any other incomplete or erroneous information transmitted by the purchaser via the present site. When the seller is the shipper, he is held responsible for any quality deterioration caused by the transport of the products. Goods travel at the sender's risk. It is the purchaser's responsibility to check the contents of the parcel on delivery and to refuse it if any products are damaged or broken, in which case the purchaser should notify the company Plaisirs de Gascogne 6 rue des champs aux fèves 21121 Fontaine-Lès-Dijon https://www.plaisirsdegascogne.com/en/, by telephone on 06.67.62.30.90, or by email email@example.com.
The information provided by the purchaser at the time the order is taken is binding: in the event of an error in the recipient's details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the order to the recipient or to the carrier. In the event of goods being returned due to an incomplete address, the purchaser will be offered two solutions:
- reshipment of the goods after payment of a contribution to the cost of a 2nd reshipment.
- reimbursement of the order after deduction of the delivery costs incurred in sending the order.
The seller is automatically liable to the customer for the proper performance of the obligations arising from the contract concluded at a distance, whether these obligations are performed by the seller who concluded this contract or by other service providers, without prejudice to its right of recourse against the latter (Article L121-19-4 of the French Consumer Code). To this end, Plaisirs de Gascogne takes steps to pack its products in shock-resistant cartons, while insuring the parcel for its market value, and by specifically using transport services that offer hand delivery against signature, Plaisirs de Gascogne guarantees the customer rapid reshipment of his order, in the event of breakage, loss or theft of all or part of the contents of his parcel. You must refuse the parcel to the carrier if any products appear to be missing, broken or damaged, so that we can activate this guarantee and return your order to you as soon as possible (subject to the conditions of Articles 7 & 12 of these GCS)
Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if, within three days, not including public holidays, following receipt, the consignee has not notified the carrier, by extrajudicial act or by registered letter, of his reasoned protest.(Article L133-3 of the French Commercial Code)
When the consumer personally takes delivery of the items transported and when the carrier does not justify having given him the opportunity to effectively check their good condition, the period mentioned in article L.133-3 of the French Commercial Code is extended to ten days (Article L121-105 of the French Consumer Code).
Plaisirs de Gascogne may exonerate itself from all or part of its liability by proving that the non-performance or poor performance of the distance selling contract is attributable to the buyer (Article L121-19-4 of the French Consumer Code).
Article 9. Warranty of Conformity
When the purchaser takes possession of the products ordered, it is the purchaser's responsibility to check them (quality, quantity, conformity with the order, etc.). Without prejudice to the applicable legal guarantees, the purchaser must address any reservations without delay either by post to the company Plaisirs de Gascogne 6 rue des champs aux fèves 21121 Fontaine-Lès-Dijon https://www.plaisirsdegascogne.com/en/, by telephone on 06.67.62.30.90, by email firstname.lastname@example.org or from the Contact Us page. If the guarantee of conformity is applicable to the returned product(s), all costs related to the return will be reimbursed by the seller to the buyer. In the event of lack of conformity, the buyer may return the goods and have the price refunded, or keep the goods and have part of the price refunded. The buyer has two years from delivery of the product to take this action (article L. 211-12 of the French Consumer Code). The buyer benefits from the legal provisions of the guarantee against hidden defects. However, the seller reserves the right to carry out its own appraisal of the product in question. In this case, the buyer is asked to leave the product at the disposal of the seller, who will remove it at his own expense. The action resulting from redhibitory defects must be brought by the customer within two years of the discovery of the defect (article 1648 of the French Civil Code).
Article 10. Right of withdrawal
In application of the provisions of article L121-20 of the French Consumer Code, the purchaser has a period of 14 clear days from the date of delivery of his order to exercise his right of retraction on all or part of his order, and to request an exchange or refund, without having to justify his reasons. In this case, all or part of the products must be returned in good condition and in their original packaging, and must not have been opened, consumed in whole or in part, or damaged. In this case, the goods travel at the buyer's risk and peril. Plaisirs de Gascogne recommends that you reuse the carton of the package you received, if it has not been damaged, and in all cases to take out insurance to cover any damage that may occur during transport. Returns will be handled by the carrier chosen by the purchaser. You can request a Returns Number from our customer service department, via your customer account interface at https://www.plaisirsdegascogne.com/boutique/. Our customer service department is at your disposal at 06.67.62.30.90 to complete this returns request. The customer must return the products to the seller without undue delay and, at the latest, within fourteen days of communicating his or her decision to withdraw (article L121-21-3 of the French Consumer Code).
Article 10b. Exception to the right of withdrawal
Article L121-21-8 of the French Consumer Code lists a number of cases in which the right of withdrawal does not apply, notably for contracts:
-Supply of goods made to the consumer's specifications or clearly personalized (3)
-Supply of goods likely to deteriorate or expire rapidly (4)
-Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection (5)
Pursuant to article L 121-20-2, the right of withdrawal cannot be used for perishable products, products likely to deteriorate or expire quickly, as well as for all customizable items (personalized bottle labels) ordered on the store https://www.plaisirsdegascogne.com/en/,
For reasons of hygiene and/or health protection, the customer may not exercise his right of withdrawal if he opens a bottle and/or items containing food, without prejudice to applicable legal compliance guarantees.
Article 11. Exchange or Refund
Products will be exchanged according to stock availability and within the same information period as that indicated at the time of ordering (depending on carrier, destination and product availability). Refunds will be made within a maximum of thirty (30) days following the date on which this right was exercised. The seller will make the refund using the same means of payment as the one used by the customer for the initial transaction, or unless expressly agreed by another means of payment, and this without any charge (article L121-21-4 of the French Consumer Code)
In the event of exercising the right of withdrawal for an entire order, the invoiced price of the product(s) purchased and returned, and the delivery charges at the standard rate, will be refunded. If the right of withdrawal is exercised for only part of the order, only the invoiced price of the product(s) returned will be reimbursed.
Article 12. Out of stock
In the event of a permanent stock shortage of an ordered product, Plaisirs de Gascogne will keep you informed as soon as possible and will offer the purchaser various alternatives:
- Replacement by the next vintage or by an equivalent or higher quality product under the same pricing conditions.
- Refund of the unavailable products or of the entire order, depending on the customer's choice.
In the event of a temporary stock shortage, the purchaser will be offered to wait until the restocking date, which will be specified. Failing acceptance, the customer may request partial or total cancellation of the order.
Article 13. Disputes
These general terms and conditions of sale are subject to French law. In the event of a dispute, the customer shall first contact the company for an amicable solution. Failing this, all disputes arising from the execution of an order or from the interpretation of the present terms and conditions, and more generally from agreements of any kind concluded between the parties, will fall within the jurisdiction of the court. In the event of non-payment, an indemnity of 10% of the invoice amount (minimum 45 euros) will be demanded, all without prejudice to damages for abusive resistance.
Article 14. Cookies
In order to facilitate access to the services offered (in particular, by limiting the loading time of our pages during your future visits), the seller installs "cookies", i.e. small files, on the buyer's hard disk. These cookies are only intended to serve as cookies, and thus to identify this computer in order to facilitate navigation.
Article 15: Legal information
By virtue of order no. 59-107 of January 7, 1959, which prohibits the sale of alcohol to minors, law no. 74-631 of July 5, 1974, the purchaser undertakes, by placing an order, to be at least eighteen (18) years of age on the date of the order and on the creation of his/her account Plaisirs de Gascogne. Alcohol abuse is dangerous for your health. Please consume and enjoy it in moderation.