General Terms and Conditions of Sale
The following terms of sale are concluded between:
A limited liability company with a capital of 8,000 euros, whose head office is located in SOUSSAC (33790), Jeanguillon, France and which is registered with the Bordeaux Trade and Companies registry under the number 448633784.
Hereinafter referred to as “PLM.S.A”, “La Societe PLM” or “the COMPANY”
Any physical person wishing to make a purchase using the company’s website www.vraicaillou.com
Hereinafter referred to as “the BUYER” or “the CLIENT”
These Conditions define the contractual relationship between PLM.S.A. and THE BUYER and apply to any purchase made on PLM.S.A.’s e-commerce site by THE CLIENT.
The acquisition of goods sold on this site shall be deemed an acceptance of these conditions by THE BUYER.
These Terms and Conditions shall apply, without any restriction or condition, to all sales concluded between PLM.S.A. and non-professional buyers (the CLIENT) wishing to purchase products offered for sale on the website http://www.vraicaillou.com.
PLM.S.A. reserves the right to modify at any time, partially or totally, these Terms and Conditions.
With each new connection to the site all users are deemed to have accepted the latest version of these Terms and Conditions.
The Terms and Conditions applicable to a user who makes a purchase on the site is the latest version at time of purchase.
Pursuant to article L.3342-1 of the Code of Public Health (of the Republic of France) applicable to sites selling alcoholic beverages on the Internet, whereby the sale of alcohol to minors under the age of sixteen (16) is prohibited, THE CLIENT agrees to certify that he/she is of the legal age.
The user acknowledges and agrees to have read and accepted without reservation all these Terms and Conditions. The failure to tick the box provided on the website for this purpose will make the user ineligible to place an order on the site.
Under no circumstances can PLM.S.A. guarantee that interruptions to the services offered on
its website will not occur.
PLM.S.A. is not liable for any damages which arise from temporary interruption or impedance of access to the services offered on its website.
1 DEFINITIONS“Website” or “site”: refers to the PLM.S.A. website www.vraicaillou.com
“User” or “you”: refers to all individuals who use the website and/or who place a purchase
order on the site.
“Purchase Order” or “Order”: refers to all purchases confirmed by PLM.S.A. arranged through the site by the user.
2 PURCHASE ORDER
Over the Internet: www.vraicaillou.com
PLM.S.A. reserves the right to refuse any purchase order from a user with whom there exists a dispute regarding a previous order.
3 CONFIRMATION OF SALE
A purchase order is only accepted when either it has been confirmed by return email from the Company and paid for in full online by Credit Card; or after the receipt of the signed purchase order accompanied by a bank cheque in favour of LA SOCIETE PLM and confirmed by return email from the Company after the clearance of the BUYER’S cheque by the bank. Submitting a purchase order implies the full and unreserved acceptance of these Terms and Conditions. A purchase order placed online and paid for by credit card or sent in writing is the proof of all transactions between PLM.S.A. and THE CLIENT.
Product offers are valid when displayed on the website and subject to stock availability.
In the exceptional case where the product ordered is unavailable after the confirmation of the purchase order, the BUYER will be informed as soon as possible by email or telephone. PLM.S.A. will offer the user the following choices:
- an exchange of the previously ordered product with another product offered on the website. In the case of a discrepancy in price between the previously ordered product and the chosen replacement, either the BUYER will be immediately reimbursed the overpaid monies or when the price of the replacement product exceeds that paid for the previously ordered product, the purchaser will be requested to pay the difference.
- cancellation of the order. PLM.S.A. undertakes to reimburse the BUYER within thirty (30) days from and inclusive of the day the BUYER’S bank account was debited.
In the case that the purchase order comprises of multiple purchased items, the BUYER is not entitled to request the cancellation of the entire order because one of the ordered items is unavailable.
The replacement or cancellation of a particular unavailable item included in a multiple purchase will not affect the entirety of the contract between the BUYER and PLM.S.A., which will continue to have effect in regards to the other items comprising the purchase.
Products are delivered to the delivery address which is provided by the user when the purchase order is placed. The delivery time indicated on the website is the average time taken to deliver the product/s and refers to the total time needed to process, handle and deliver the product. Unless otherwise indicated, the transportation costs are the responsibility of the BUYER. PLM.S.A. will not be held liable for any costs or losses arising from late delivery. An order paid for by cheque issued by a bank domiciled in
France will only be processed when the cheque is cleared by the bank. Consequently, the actual delivery time may differ from that foreshadowed when the purchase order is placed.
PLM.S.A. is under no obligation to proceed with the delivery of products ordered by the CLIENT if he/she has not paid for the order in full (the price of the product inclusive of VAT and shipping costs inclusive of VAT), as per invoice sent to the CLIENT by PLM.S.A..
5.2 Preparation of the purchase order:
The order is prepared once PLM.S.A. has obtained the payment from the CLIENT and received complete documentation necessary for the execution of the order and the completion of the contract (the CLIENT’S completed contact details, details of the addressee/recipient of the order, any amendments/variations...). Until the necessary information is received by PLM.S.A., the purchase order will not be processed. In this case, PLM.S.A. will not be liable for any delivery delays experienced by the CLIENT.
5.3 Delivery Problems
The merchandise is transported at the BUYER’s risk and peril, even when delivery charges are paid by PLM.S.A.. In the case of missing or damaged items, the recipient must contact the carrier within 3 days of receiving the goods and inform PLM.S.A. immediately. All claims must be addressed to PLM.S.A. in writing by mail in the 3 days following the delivery of the product/s. In each case it is the responsibility of the recipient to check and verify the completeness and condition of the delivery in the presence of the carrier and, if need be, make the necessary representations. Unless this procedure is followed, no return/appeal is possible.
Returns will not be accepted unless goods are returned in their original condition.
All additional delivery charges incurred will be borne by the BUYER, who is required to reimburse them immediately.
In case the delivery of goods requires the BUYER to arrange a delivery time with the carrier, PLM.S.A. is not be liable for the late delivery or non-delivery of orders due to the unavailability of the BUYER.
Any delays incurred in product delivery do not give the BUYER the right to cancel the order or seek any compensation.
However, if the delivery time is in excess of seven (7) days, the BUYER may terminate the contract by sending PLM.S.A. a letter via registered post, with acknowledgement of receipt, within 60 days from the delivery date indicated in the confirmation of purchase email. Pursuant to Article L.11461 of the Consumer Code (of the Republic of France), the contract will be considered terminated following the receipt of the registered mail, unless delivery of the order has occurred between the time the registered letter is sent by the CLIENT and its reception by the COMPANY.
In case of the cancellation of the contract for late delivery of more than seven (7) days, the user will be reimbursed by PLM.S.A. within thirty (30) days from the date of cancellation of the online sale contract.
In case of an error not attributed to the BUYER and not due to force majeure, the cost of return and redelivery of the order will be borne by PLM.S.A.
Product prices displayed on the website are quoted in euros inclusive of tax but excluding delivery charges.
PLM.S.A. may at any time modify the prices of products offered on its website.
Products are always invoiced using on the price/s quoted by PLM.S.A. when confirming the order subject to the product availability on that date.
All orders, whatever their origin, are payable in euros.
Payment is made on the site www.vraicaillou.com by credit card (Visa, Carte Bleue, MasterCard).
Upon payment by credit card, the user is redirected to the website of the CCSO bank via a secure protocol.
To assure the security of transactions, the BUYER’s banking data is encrypted upon entry.
At no time will PLM.S.A. retain any of the buyer’s banking details. Such information is only temporarily held by CCSO.
The sale is considered effective once CCSO accepts the payment and the BUYER receives a confirmation of payment email issued by CCSO.
In the case that a BUYER’s credit card is used by a third party or a minor, the confirmed purchase cannot be cancelled.
When the clearance of the BUYER’s cheque is confirmed by the clearing bank, a confirmation of payment will be emailed to the BUYER by PLM.S.A..
The products comply with French legislation and standards applicable in France. The photographs, text, graphics, and attributes reproduced and illustrating the products are non- contractual and PLM.S.A. cannot be held responsible for any error or omission contained in any of these photographs, text, graphics, or product attributes.
In the case of product delivery by a carrier necessitating an appointment to receive the delivery, the BUYER must open the parcel on receipt to verify the condition of the product/s delivered. In case of any reservation about the delivery and its content, the BUYER must immediately state them. If such representations are not made at the time of delivery, THE CLIENT may forfeit their right to the legal guarantee of product conformity.
If a BUYER considers the ordered products to be defective, damaged or not in accordance with what was stipulated in the purchase order, he/she will have to inform PLM.S.A. in writing why the product is not fit for purpose as per the legal guarantee of conformity, within two days of receiving the package including the day of its delivery.
Any claim made after this two-day period will not be accepted.
If the claim in writing, received within the specified time period, is deemed legitimate and not fraudulent, PLM.S.A. will notify the BUYER in writing, who will then be required to promptly return the defective or non-conforming item/s to PLM.S.A. at the following postal address:
The presence of some minor product defects does not immediately entitle the BUYER to cancel the sale. Products must be returned in the condition in which they were received, in their original packaging, and complete.
When the product or products returned have been inspected by PLM.S.A. and deemed to be damaged, defective, or non-compliant, PLM.S.A. will send a replacement product/s as soon as possible.
The replacement product/s will be shipped back to the delivery address of the BUYER, without the latter incurring any delivery charges.
If the replacement of the defective, damaged, or un-complying product is not possible, then PLM.S.A. will reimburse the BUYER no later than 30 days after the date on which the BUYER has exercised their right of return in writing. This reimbursement, with the consent of the BUYER, may be in the form of a company credit note.
PLM.S.A. will reimburse the cost of returning non-compliant or defective products on the presentation of a receipt/s.
The use of the legal guarantee of conformity shall not prejudice the exercise of the BUYER’s right of withdrawal and possible application of the statutory guarantee in respect of hidden product defects as defined in sections 1641 of the Civil Code (of the Republic of France).
8. STATUTORY GUARANTEE IN RESPECT OF HIDDEN DEFECTS
Products sold are guaranteed to be of sound and marketable quality under the conditions listed below. In any case, it must be accepted that wine is a product biologically alive and changing over time and that the seller cannot assure that the wine does not have certain predispositions, unknown to the seller at the time of sale, which will result in quality degradation. The seller’s liability is void if the wine is deemed no longer fit for consumption, due to:
1. the buyer being negligent or careless when storing the wine, depending on the wine, having been informed by the seller about the wine’s correct conservation. That is, that the purchaser expressly acknowledges that the wine should be stored in a cellar at a temperature of between 10 ° C and 13 ° C (average temperature throughout the year of 13 degrees), with between 70% and 80% humidity, protected from light and foreign odours, with bottles laid horizontally).
2. the buyer having made a change to the product without the seller’s consent,
3. the product defect being caused by a disease or being hidden at the time of delivery
4. the defect being the result of force majeure.
To be able to assert his/her rights, the CLIENT shall, under threat of forfeiture of any such rights, notify PLM.S.A. in writing of the presence of a product defect/s within two (2) years from the date of discovery of the said defect/s.
PLM.S.A. will replace any products found to be defective under warranty or will reimburse a part of the price (as of the time of purchase) for CLIENTS wishing to keep the product.
The products sold on the website www.vraicaillou.com comply with the regulations in force in France. PLM.S.A. cannot be liable for non-compliance with the legislation of the country where the goods are delivered; this compliance requirement, if any is for the CLIENT to verify.
9 RIGHT OF WITHDRAWAL (COOLING OFF PERIOD)
9.1 Deadline for exercising the right of withdrawal.
In accordance with legal provisions and in particular Articles L.121-20 and under the Consumer Code (of the Republic of France), any BUYER who places an order on the site has a cancellation period of 14 (fourteen) calendar days from the receipt of the product/s to exercise his/her right to withdraw from the online sale contract with PLM.S.A., without having to give reasons or pay penalties.
If a CLIENT wishes to exercise this right of withdrawal he/she must inform PLM.S.A. within the statutory period of fourteen (14) days by contacting the Company via email.
9.2 Exercising the right of withdrawal
Due to the extremely fragile nature of most of the products offered by PLM.S.A. the products must be returned in their original packaging and complete (purchase order,
accessories, etc.) so that the right of withdrawal can be exercised. If products come with labels, these must not have been removed.
Products that have been partially or totally consumed, damaged, soiled, or opened, so that they are no longer sellable, will not be accepted. They will be shipped back within 14 days at the expense of the BUYER who must pay the return delivery charges.
9.3 Repayment Terms
Upon exercising the right of withdrawal, PLM.S.A. will refund the price including VAT of the purchased product and the delivery costs incurred. However, the return charges will be the responsibility of the BUYER.
The refund will be made no later than 14 days following the date of receipt of the returned products by PLM.S.A..
If the returned product was paid for in full by gift voucher or in-store credit, PLM.S.A. will reimburse the BUYER who exercises his right of withdrawal only in the form of a gift voucher/in-store credit, for an amount equal to that paid initially.
10 INTELLECTUAL PROPERTY
All parts and elements of the site (texts, commentaries, trademarks, company names, drawings, images, graphics, logos, photographs, database ...) are strictly protected by the law of intellectual property and are the exclusive property PLM.S.A. and/or its business partners.
The fact that a user can access the site does not bestow on them rights or authority to utilise or use one of the parts/elements of the site.
A reproduction of any part of the site and/or of one or more of its elements without the prior written permission of PLM.S.A. and/or its partners is strictly prohibited.
Any user editing a website can put a hyperlink to any page of the site, provided that the content of the user’s site is consistent with the brand image and spirit of PLM.S.A.. However, upon the written request from PLM.S.A., the user must immediately remove the hyperlink to any page of the PLM.S.A. site.
The site may contain hyperlinks to third party websites which are not under the control of PLM.S.A..
As a result, PLM.S.A. can in no way be held responsible for the content of linked sites and does not guarantee that the site user is satisfied with the products and services offered by these sites.
However, if a site user informs PLM.S.A. of a link on the site to a page whose content is illegal, PLM.S.A. will remove links to that page.
12 PERSONAL DATA
The website is registered with the Commission Nationale Informatique et libertés (of the Republic of France) under the number 1779588
According to the law n ° 78-17 of 6 January 1978 relating to computers, files and user rights, (of the Republic of France) every site user has a right of access, rectification and opposition to personal data transmitted on the site.
Any such request should be addressed to the data controller of the website at the following address: PLM Jeanguillon Soussac 33790 or by email to: firstname.lastname@example.org. All requests must be accompanied by a photocopy of an identity document (identity card,
passport, driver's license) of the user.
The controller of the company PLM has a maximum of two months to respond to the request after its receipt.
Personal user data is collected fairly and lawfully for the purpose of safety to comply with legal and regulatory obligations, including the fight against fraud, to improve the processing and tracking of orders, and to allow users to receive offers from PLM.S.A..
Subject to their express agreement, the user agrees that his/her personal data can be transmitted to partner companies of PLM.S.A. as well as PLM.S.A.’s service providers so the user is able to receive offers and promotions.
PLM.S.A. reserves the right to facilitate user navigation on the site, placing cookies (cookies or similar files) on their connection terminals. The role of cookies on the site is notably to more quickly identify the user upon login and facilitate electronic communication.
PLM.S.A. cannot ensure correct operation of the site if the user refuses to accept cookies. A user can opt out of receiving cookies from PLM.S.A., by settings his/her web browser.
14 CONVENTION OF PROOF
This electronic document is a way of admissible evidence of rights and / or obligations of the parties hereto compliant with these Terms and Conditions
If one or more provisions of these Terms & Conditions is deemed to be invalid or unenforceable under any law or regulation or as a result of a court decision which has the force of res judicata, the remaining provisions of these Terms and Conditions remain valid and binding.
In the process of selling its products online, PLM.S.A. is only bound by a duty of care; it cannot be held liable for any damages resulting from the use of the Internet such as data loss, hacking, viruses, break service, or other unintended problems.
18 GOVERNING LAW AND JURISDICTION
Any dispute relating to the current sale, even in the case warranty claims or as a defender, will be the exclusive jurisdiction of the Tribunal de Grande Instance de Bordeaux.
The French law will be the sole authority to resolve disputes in the interpretation or application, as well as litigation whatever their nature, arising under this sale.
19 CUSTOMER SERVICE
For information or questions, PLM.S.A.’s customer service team are at your service via email at the following address: email@example.com
20 ACCEPTANCE BY THE CLIENT
The fact that a physical or a legal person places an order on PLM.S.A.’s website implies full acceptance of these Terms and Conditions. This is specifically recognized by the CLIENT,
in particular, with the exclusion of any other document to the contrary which the CLIENT understands would not be enforced against PLM.S.A.. Section titles in this document are only for convenience of reading and will under no circumstances be the pretext for any interpretation or distortion of the clauses to which they relate.