Conditions of sale
1. The purpose of this agreement is to set out the terms and conditions for the distance selling and delivery of the products (hereinafter "The Products") offered for sale on the Internet site accessible at the address www.denisperret.fr (hereinafter "The Site"), by MAISON DENIS PERRET (hereinafter "DENIS PERRET" or " The Seller"), a French simplified stock company (Société par Actions Simplifiées: SAS) with a capital of 50,000 Euros, registered on the BEAUNE Trade and Companies Register under number B 300 010 378, intra-community VAT number FR59300010378, whose head office is located at 40, Rue Carnot, 21200 BEAUNE - FRANCE, and which is represented by its Chairman, Mr. Frédéric JOUSSET-DROUHIN.
2. Herein, "Customer" shall mean any person or legal entity that purchases Products on a private basis through the Site, excluding all purchases for resale and thus any person or legal entity that may make a purchase through the Site on a professional basis.
3. By submitting a Purchase Order on the Site, the Customer implicitly accepts, without reservation, these General Terms and Conditions of Sale and the General Terms and Conditions of Use of the Site.
4. Pursuant to article L. 3342-1 of the French Public Health Code which explicitly prohibits the sale of alcohol to minors under eighteen (18) years of age, the Customer undertakes, by filling out the purchase order form, to be eighteen (18) years of age at the date of the order by ticking the appropriate box on their Purchase Order.
2. PRODUCTS AND THEIR AVAILABILITY
1. DENIS PERRET offers on-line sales of wine (hereinafter "The Products") on the Site, aimed exclusively at private individuals over 18 years of age.
DENIS PERRET is free to select the Products offered for sale on the Site and reserves the right to change this selection at any time.
2. Each description sheet of Products for sale on the Site establishes a detailed description of the Product concerned.
The reproduced photographs and graphics illustrating the Products are intended to give a representation of the Products that is as close as possible to reality; the Seller cannot exclude the possibility of minor differences between these visuals and the Products delivered, which are nevertheless unlikely to affect the essential characteristics of the Products.
3. DENIS PERRET strives to offer Customers the most reliable and highest quality information regarding the Products on sale on the Site, but does not, however, guarantee the completeness of such information.
Upon receipt of the Products, Customers are urged to review the information reproduced on the label. It is noted that the Customer is solely responsible for the choice of Products and for their use, including their storage conditions and consumption.
4. Customers are invited to address any questions concerning the Products or their use to the Customer Services Department at the address shown in article 12.
5. The Products are offered for sale solely in mainland France, excluding Corsica.
For other territories, the Customer is invited to contact the Customer Services Department at the address shown in article 12 so as to investigate the possibility and special conditions of any delivery to the territory in question.
DENIS PERRET shall investigate on a case-by-case basis the possibility or otherwise of shipping the Products to the delivery address indicated, in particular with regards to the laws and regulations in force in the country in question, and reserves the discretionary right to accept or refuse to process the order.
6. Product offers and prices are valid while they are visible on the Site and in accordance with the availability conditions provided at the time of ordering or until the stock is depleted.
Should the product ordered be out of stock, DENIS PERRET shall offer the Customer a change to the order such as, for example, a wine of the next vintage year or an equivalent wine, or to suspend the order until the next restocking of the item or items in question.
With regard to Wines not stocked by DENIS PERRET, the corresponding orders are valid subject to availability at DENIS PERRET's suppliers.
As, exceptionally, there may be errors in the information provided by the suppliers, it is possible that one or more Wines listed prove to be unavailable, or that the shipping times may be different, after the Customer's order has been placed.
7. Should the Product ordered be temporarily or definitively unavailable, or the delivery be delayed by at least 30 days, in relation to the time stated when the order was placed, the Customer shall nevertheless be completely free to request the cancellation of the order.
In that case, the Seller shall refund the corresponding amount in accordance with the provisions of article 9.
3.1 CUSTOMER REGISTRATION
1. Placing an order on the Site is subject to submitting a Purchase Order on the Site, and accepting these General Terms and Conditions of Sale.
2. In filling out the Purchase Order, Customers undertake to provide accurate and truthful information regarding their situation.
The Seller draws Customers' attention in particular to the need to provide a valid e-mail address and a valid mobile phone number so that, if necessary, they can be contacted at any time by the carrier.
Customers are also invited to fill out as much as possible the fields on the purchase order relating to information facilitating delivery (door code, interphone code, etc.).
3. The Customer must be a legal entity or a person aged 18 or over and have the legal capacity to place an order on the Site.
It is noted that the Product offers proposed through the Site are not accessible to persons or legal entities who wish to make a purchase on the site for the purposes of purchasing for re-selling.
4. The Seller reserves the discretionary right to refuse or invalidate ex post facto the registration or order of Customers whose information proves to be inaccurate, in particular with regard to their age.
3.2 ORDERING PROCESS
1. The contractual information and details of the order are the subject of a detailed summary (prices, price reductions if applicable, volumes, characteristics of the Products, quantities, delivery method and time) of the Purchase Order accessible at the end of the order process.
Customers are urged to read carefully the details of their order and to correct any mistakes it might contain before confirming it.
2. The confirmation click executed on the page of validation and acceptance of the General Terms and Conditions of Sale formalises the confirmation of the order and constitutes an irrevocable acceptance of these General Terms and Conditions of Sale.
This confirmation click represents final consent to contract with DENIS PERRET for the selected Products, subject to the right of retraction, available only to individuals, as described in article 5 hereof.
The confirmation click constitutes an electronic signature.
It is expressly agreed between the parties that this electronic signature has, between them, the same value as a handwritten signature.
After confirming their order on the Site, Customers shall receive an acknowledgement of receipt by e-mail from DENIS PERRET, provided the e-mail address indicated on the Purchase Order is valid and contains no error.
This E-mail shall constitute acceptance by DENIS PERRET of the order and thus form the contract of sale between the Customer and DENIS PERRET.
It shall contain all the elements of the contract between the Customer and DENIS PERRET (Products ordered, rates, prices, time and place of delivery or of making available, shipping method and costs, etc.).
DENIS PERRET reserves the right not to confirm an order for any reason whatsoever, relating in particular either to a Product supply or availability problem or to a dispute over payment of a previous order.
4. DENIS PERRET reserves the right not to confirm an order for any reason whatsoever, relating in particular either to a Product supply or availability problem or to a dispute over payment of a previous order.
3.3 PROOF OF ORDER
The computerised records stored under reasonable safety conditions in the computer systems of the Seller or of its subcontractors, shall be considered proof of communications, orders and payments made between the Customer and the Seller.
Archiving of Purchase Orders, Order Confirmations and Invoices is made on a reliable and durable medium that can be produced as proof.
4. FINANCIAL TERMS
1. Product prices are displayed on the site in Euros including all taxes, excluding packaging and transport costs; they apply to all Customers requiring delivery in mainland France, excluding Corsica.
For the wines proposed in the catalogue, the prices are per 0.75-litre bottle.
For the "special offers" the prices are per indivisible case of six 0.75-litre bottles.
2. The prices of the Products selected by the Customer shall appear in the order summary, including all French taxes and shall include packaging, transport and other order processing costs.
3. DENIS PERRET reserves the right to change prices at any time, but Products shall be invoiced on the basis of the prices in effect at the time of order entry, subject to their availability at that date.
4. If any of the Products offered for sale on the Site contains a pricing error, the price shall in all cases be verified when sending the confirmation e-mail mentioned in article 3.2.3, and corrected if necessary.
5. If the corrected price is lower than the price displayed on the Site, the Seller shall apply the lower price and refund the difference in accordance with the provisions of article 9. If the corrected price is higher than the price displayed on the Site, the Seller shall inform the Customer and cancel the order, unless the Customer accepts the order at the new price and confirms this acceptance by sending an e-mail to the Customer Services Department. In this case, the Customer shall be asked to pay the difference between the amount already paid and the amount finally owed, under terms which shall be communicated by the Seller.
1. Orders are payable in Euros only.
2. Orders are paid on-line, on the Site, by bank card via the CIC Lyonnaise de Banque secure payment solution.
The Customer must enter the bank card holder's last and first names, the card's number and expiry date, as well as the visual cryptogram (CVV) shown on the back of the bank card.
The following bank cards are accepted: Carte Bleue, Visa and MasterCard.
The Customer must also submit to the 3D SECURE authentication system implemented by the VISA and MASTERCARD bank card networks to reinforce the security of transactions carried out by the holders of VISA and MASTERCARD bank cards. During the transaction, the Customer's Bank verifies that the Customer is the legitimate holder of the card.
DENIS PERRET guarantees the security and confidentiality of the Customer's bank card data.
CIC Lyonnaise de Banque has adopted the TSL method of encryption, which ensures the reliability of exchanges and transactions by encrypting all personal data necessary to process orders at the time of entry, such as addresses, e-mail, bank card number and bank account details. The bank account information is thus encrypted and transmitted directly to CIC Lyonnaise de Banque via a secure connection, without ever going through the Site.
3. DENIS PERRET reserves the right to refuse the processing of an order whose payment is refused by the bank payment centres concerned.
The Customer shall receive an invoice drawn up in their name at their e-mail address.
5. CANCELLATION - RETRACTATION
1. Customers may cancel their order free of charge, within a maximum of one hour after confirming it on the Site, by calling the Seller's Customer Services Department by means of the contact details and during the opening times stipulated in article 12.
2. In accordance with European and national regulations, individual Customers, excluding legal entities, benefit from a retraction period of seven (7) working days after the delivery of the Product(s) ordered in order to return the said Products to the Seller without having to provide any justification.
If this period ends on a Saturday, Sunday or public holiday, it shall be extended until the next business day.
3. Customers wishing to retract must send either a registered letter or an e-mail to the Customer Services Department (see article 12) before the end of this seven- (7-) day period, the postmark having probative force.
4. The retraction shall be taken into account only after the Customer receives an e-mail confirming the registration of their request for return of order and explaining the procedure for returning the Product.
5. Customers' exercise of their right of retraction shall only be accepted by DENIS PERRET for Products in perfect resale condition.
Products returned uncorked, spoilt, damaged or soiled by the Customer shall not be accepted.
6. This right of retraction bears no penalty except for return shipping costs, which shall be borne by the Customer.
7. The amount of the order, including the costs of the initial shipment, shall be refunded to the Customer in accordance with the provisions of article 9 hereof.
8. No request for return received by the Seller after the retraction period of (7) seven days can be accepted, except for cases of non-compliance (see art.7.1) or of hidden defects (see art.7.2).
In particular, the following reasons shall not be taken into account:
- Inability to contact the Customer Services Department by phone (since the Customer can send a letter or an e-mail to the address specified in article 12);
- Customer's absence during the 7-day period following receipt of the order by a third party;
- Product offered by the Customer after the 7-day period following receipt of the order.
6. DELIVERY - COLLECTION
DENIS PERRET proposes two methods of delivery for the Products, to wit: either the Products are delivered to the Customer at the address of their choice, or the Customer collects the Products, using his/her own means, from the premises of DENIS PERRET at the address specified in article 12.
1. The Products are delivered solely in mainland France, excluding Corsica.
For territories other than mainland France, the Customer is invited to contact DENIS PERRET so as to investigate the possibility and special conditions of any delivery to the territory in question.
2. Products are delivered to the delivery address indicated by the Customer during the ordering process, and also shown in the order confirmation e-mail referred to in article 3.2.3. Should there be an error in the Customer's contact details (in particular last name, first name, number and street name, postcode, telephone number or e-mail address, etc.), the Seller shall not be held liable for failure to deliver or late delivery.
6.2 Shipping methods
1. Shipping methods vary depending on the quantities of Products ordered, and on the choice made by the Customer.
Details of the Seller's offer with respect to shipping methods, shipping costs and delivery times are shown in the section DELIVERY CHARGES.
2. Shipping rates always include insurance of the package against loss or damage caused to the shipped Product(s), excluding immaterial damages, losses due to delay and indirect losses (loss of use, etc.).
6.3 Delivery times
1 The Seller shall inform the customer of the maximum delivery period on the Product presentation page and in the confirmation e-mail mentioned in article 3.2.3.
This period starts from the date of actual clearing of the payment.
In the case of a delay of more than seven (7) days from this announced maximum delivery date, the order may be cancelled and refunded at the Customer's request, in accordance with the provisions of article 9, beginning from the acceptance of the proposal made to the Customer, unless the Customer requests the order to be maintained.
2. The Products shall be shipped within an average of one to two days following the receipt of the order amount, to which must be added the carrier's delivery time.
DENIS PERRET makes every effort to shorten these time-scales, but shall not be held liable for the consequences of any delay in delivery of ordered Products (loss of use, etc.).
3. The Customer acknowledges being informed and accepts that, apart from exceptional cases in which the carrier is under no obligation, the Customer must take delivery of the Products at the delivery vehicle when unloaded, whenever the general service terms and conditions of the carriers stipulate that the drivers of transport vehicles are not obliged to deliver to the floors of apartment buildings.
4. Should Customers be absent at the time of delivery and not collect the Product or Products within the period specified by the carrier, the Product(s) will be returned to the Seller, who shall reimburse the price to the Customer after deducting the delivery charges, including the return and packaging costs, in accordance with the provisions of article 9, except in cases where Customers wish to have their order re-shipped to them, at their expense.
Customers may collect the Products, using their own means, from the DENIS PERRET collection points at BEAUNE at the address specified in article 12 hereof, once they have been notified by telephone or any other means selected at the time the order was placed, of the date and time of the Products’ availability in this store.
With effect from this notification Customers shall have a maximum period of 2 months in which to collect the Products, solely during the opening dates and times of the DENIS PERRET store.
7.1 COMPLAINTS – COMPLIANCE AND OBVIOUS DEFECTS
1. To avoid any inconvenience to the Customer, the Seller checks before shipping that the Products comply with the order.
2. The Seller agrees to refund or exchange Products that do not meet the characteristics specified on the Order Form, that have been altered, or that have an obvious defect.
3. The Customer is requested in this case to notify the carrier, by registered letter with acknowledgement of receipt and at the latest within three working days following delivery, of any reservations concerning the Product delivered (e.g.: damaged packaging, already opened, or Product(s) that do(es) not match the order, etc.).
The Customer must describe in detail such non-compliance or obvious defects of the Product(s) by sending an e-mail to the Customer Services Department within three (3) working days following receipt of the package.
No claim made after this deadline can be accepted except under the hidden defects warranty, the claim in this case is to be made in accordance with the provisions of article 7.2 hereof.
4. The Seller shall then send a letter to the Customer confirming their acceptance of the return of the Product(s), and, if applicable, a return number that must be displayed on the package when returning the non-conforming or defective Product.
5. Products must be returned unopened, i.e. not uncorked, and in perfect resale condition.
Products returned opened, uncorked, spoilt, damaged or soiled by the Customer shall not be accepted.
6. For any return accepted by DENIS PERRET, in the case of an obvious defect or non-compliance of the Products delivered, the said Product(s) shall be replaced free of charge or refunded to the Customer in accordance with the provisions of article 9 of these Terms and Conditions of Sale, any other compensation and interest being explicitly excluded.
7. In the case of either a Product refund or a replacement request accepted by DENIS PERRET, the shipping and return costs for the said Product(s) shall be refunded on the basis of the invoiced rate.
The Seller will not accept packages sent collect.
Any risk linked to the return of the Products shall be borne by the Customer.
7.2 HIDDEN DEFECTS
1. The Seller is required to legally guarantee the products against hidden defects, under the terms of article 1641 et seq of the French Civil Code which states: "A seller is bound to a warranty on account of the latent defects of the thing 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".
2. As a consequence, the Customer has a period of two (2) years, from the discovery of a hidden defect affecting the Products, to send the Seller a request aimed at benefitting from the warranty against the hidden defects that affect the Products.
The claim must be made as soon as possible after the discovery of the said defect by the Customer.
3. To allow the Seller to evaluate the Product themselves, the Customer is requested to place it at their disposal according to the arrangements that will be communicated to them; the Seller shall organise their collection at their expense.
4. If the hidden defect concerns less than two bottles, the Customer shall be reimbursed for the value of the Products in question in the form of a credit note.
Above two bottles, the reimbursement shall be made in accordance with the provisions of article 9.
5. To qualify for the Products warranty, the Customer must retain the purchase invoice for the Product(s).
6. Whatever the circumstances, the Customer who announces the existence of a hidden defect must be able to demonstrate that:
- the defect was prior to the sale;
- the Product has been kept and stored under temperature, humidity and vibration conditions appropriate to the nature of the Product;
- the defect is not related to time or to the normal evolution of the Product.
8. RETENTION OF OWNERSHIP
By express agreement, the Seller shall retain ownership of the Products supplied until their full payment under the terms of French Law No. 80 336 dated 1st May 1980, relating to the retention of ownership.
This provision does not preclude the transfer to the Customer of risks linked to the sold Products upon shipment of Products.
1. Refunds for Products in the cases referred to in articles 2.7, 4.1, 5, 7.1 and 7.2 shall be made within a period shorter than or equal to 15 days after receipt of the Products by the Customer.
2. At the Seller's discretion, the refund shall be made by crediting the Customer's bank account or by bank cheque.
1. The Products proposed comply with current EU legislation and standards applicable in France and in the European Union.
2. The Seller shall not be held liable for the non-execution of the contract, in a force majeure situation as defined by jurisprudence, or due to the Customer or to the act, unforeseen and unavoidable, of a third party.
3. The Customer is solely responsible for the choice of the Products and for their methods of storage and consumption.
4. In all cases where the Seller's liability may be invoked, this may not exceed the amount excluding taxes of the order in question.
11. INTELLECTUAL PROPERTY
1. All visuals and photographs shown on the Site, in particular those representing and illustrating the Products, are de facto protected by copyright and other intellectual property rights and belong to the Seller or to third parties having authorised DENIS PERRET to exploit them.
Any reproduction or representation of any kind whatsoever of a visual or photograph shown on the Site, without authorisation, constitutes counterfeiting and will be prosecuted.
2. Similarly, all other data of any kind on the Site, in particular text, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software and characteristics of the site, are de facto protected by copyright, trademark rights and all other intellectual property rights, and belong to the Seller or to third parties having authorised DENIS PERRET to exploit them.
The Seller hereby grants to the Customer a private, non-collective and non-exclusive usage right to the said data.
4. The Customer undertakes under these conditions not to reproduce, summarise, modify, alter or redistribute any text, title, application, software, logo, image, graphics chart, trademark, information or illustration for any purpose other than strictly private use without the express prior authorisation of DENIS PERRET.
12. CUSTOMER SERVICES
1. For information or questions, the Customer Services Department is available to Customers:
- by telephone : +33 (0)188.8.131.52.47: Monday to Friday 9AM–12PM and 2PM–6PM
- preferably, by e-mail at: email@example.com
- by mail at the following address: MAISON DENIS PERRET-– 40 rue CARNOT - 21200 BEAUNE – FRANCE.
13. PERSONAL DATA
1. In accordance with French Law No. 78-17 of 6 January 1978 on data processing, data files and individual liberties, and the decision of the CNIL (Commission Nationale Informatique et Liberté - the French Data Protection Authority) of 10 July 2006 replacing the requirement to declare websites by the procedure of declaring the processes associated with the said site, DENIS PERRET has declared its customer/prospect file to the CNIL.
2. In accordance with the disposition of the Law of 6 January 1978, Customers have the right to access data concerning them, and the right to modify, correct or delete such data.
3. All they need to exercise this right is to send a letter or e-mail to the contact address listed in article 12 hereof.
4. Personal data about Customers, collected directly through the forms and indirectly during their navigation towards and on the Site, and all future information, are intended only for the exclusive use of DENIS PERRET, as part of the implementation of services offered to Customers on the Site and for the compilation of statistics for internal use, and shall not be communicated or transferred to third parties, other than technical service providers responsible for managing the Site, who are required to respect the confidentiality of the information and to use it only for the specific operations which they must carry out.
5. Customers' data will also be used to customize and enhance communication with them, in particular in the newsletters to which they may have subscribed.
1. These terms and conditions, as well as those contained in the order confirmation e-mail referred to in article 3.2.3, represent all the obligations of both the Customer and of the Seller.
The Seller reserves the right to change these terms unilaterally; the terms and conditions applicable to the Customer are those in effect on the Site at the date the Customer places the order. The Customer is therefore advised to regularly refer to the latest version of the General Terms and Conditions of Sale permanently available by clicking on the "General Terms and Conditions of Sale" link of the Site.
2. Should any provision of these Terms and Conditions be considered null by virtue of a current or future legal or regulatory provision, or of a legal decision having the authority of a final decision and issued by a competent court or body, this provision of the contract shall therefore be deemed not written and all other provisions hereof shall remain in full force and effect between the parties.
3. The fact that either party chooses not to enforce at a given moment any provision hereof can under no circumstance be considered a waiver by that party of its rights under this agreement.
16. APPLICABLE LAW - LITIGATION
1. These General Terms and Conditions of Sale are subject to French law and only the French language version shall have probative force with respect to their interpretation.
2. Any dispute arising from the execution or interpretation of the provisions of this contract requires the parties to come together and to try and find an amicable solution to their dispute, before applying to the competent court.
I ACKNOWLEDGE HAVING TAKEN NOTE OF AND ACCEPT WITHOUT RESERVATION THE GENERAL TERMS AND CONDITIONS OF SALE OF THE SITE www.denisperret.fr