Terms of Sales
Last updated: 17/12/2009
These general conditions of sale govern online orders placed through the Henry Marionnet Website by Internet consumers. As a result, customers wishing to order the Wines offered on the site are invited to read them before placing any order on the site.
Article 1 - Definitions
1.1. - "the Seller" means SCEA HENRY MARIONNET Société Civile d'Exploitation Agricole with a capital of 36,892.66 euros with registered office at La Charmoise 41230 SOINGS, registered with the RCS of BLOIS under number 382 908 267, including the VAT number is FR 82 382 908 267 and ACCISE number FR 098 053 E 220,
1.2. - "User" means any user who browses, takes note, reserves, orders and or buys a product or a service offered on the site.
1.3. - “the Product” designates any product offered for sale on the “TOURAINE GAMAY SAUVIGNON ROSE CUVEES SPECIALES” site.
1.4. - "the Site" designates this website, the address of which is http: boutique.henry-marionnet.com and consisting of the infrastructure developed by the Seller according to the computer formats that can be used on the Internet, including data of different kinds, and in particular texts, sounds, still or moving images, videos, databases, intended to be consulted by the User to find out about his products and services.
1.5. - “Internet” designates various networks of servers located in various places around the world, linked together by means of communication networks, and communicating using a specific protocol known as TCPIP.
Article 2 - Fields of application
The purpose of these general conditions of sale is to govern contracts concluded between:
The Seller, SCEA HENRY MARIONNET,
And the User of this site
Both hereinafter referred to as "the Parties".
The seller's activity is the harvest, production and sale of wines from the La Charmoise estate.
The user who decides to make an online purchase on the Site explicitly agrees that he is 18 years of age and over, have the legal capacity to place an order on the internet and has previously approved these general conditions of sale. He thus acknowledges that his relations with the Seller are governed exclusively by said conditions to the exclusion of any other, in particular those which may be in force in retail sales, take-away sales, promotional offers or those governing professional distributors. These conditions only concern Users who are non-commercial individuals, regardless of the location or country of the User's situation. The General Conditions of Sale are regularly updated and those applicable are those which are online on the site and accepted by the User at the time of the order.
Article 3 - Order
The User has the possibility to place his order online from the online product catalog on this Site.
He can also order by phone at 02.54.98.70.73 from Monday to Friday from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 6:00 p.m., or by fax at 02.54.98.75.66, confirm his order by mail and send the payment by bank check exclusively. Order forms and contractual information must, in any case, be accepted in writing at the latest at the time of validation of the order. A minimum quantity of 12 bottles of 75 cl is required for any order. The same order can be mixed in batches of 6 bottles of each category. The category means the cuvée.
The order can only be registered on the site if the User has clearly identified himself by entering his addresses and full contact details [his customer code and his password, which are strictly personal], and s 'he has expressly approved these general conditions of sale.
Any order implies acceptance of the prices and description of the Products available for sale.
Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.
The collection or debit is made at the time of shipment of the ordered Products.
Any User of the site must comply with the general conditions of sale and follow a registration procedure allowing him to obtain his customer number (1).
This number is personal. Any loss or forgetfulness must be reported to the Seller's services promptly by contacting the Seller's customer service, by completing the form provided on the site or by calling the following number: 02.54.98.70.73 at the rate of a normal communication ( 1).
In all cases, the online supply of the bank card number and the final validation of the order will constitute proof of the entirety of the said order in accordance with the provisions of the law of March 13, 2000 and will be worth due to the sums committed by the order.
This validation is worth signature and express acceptance of all operations carried out on the site.
However, in the event of fraudulent use of his bank card, the User is invited, as soon as this use is noted, to contact the Seller by calling the following telephone number: 02.54.98.70.73.
The computerized registers, kept in the computer systems of the Seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
It is expressly agreed that, unless there is a manifest error on the part of the Seller, the data stored in the Seller's information system have probative force with regard to the orders placed by the User. Data on computer or electronic media constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document drawn up, received or kept in writing. The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the Civil Code.
Any order will only be validated after acceptance of payment by the banking organization or receipt of payment in the event of payment by check. If the order or payment presents an anomaly, the order will be automatically canceled. Any incomplete or incorrect order will not be taken into account.
The Seller reserves the right to cancel any order from a User with whom there is a dispute relating to the payment of a previous order.
Article 4 - Prices and discounts
Product prices are indicated in euros all taxes included and include VAT at the rate in force at the time of the order; the current rate is 19.6%. The price includes the costs of processing, shipping and routing the order, unless specifically mentioned specifically in the description of certain Products, except on the occasion of certain promotional or seasonal operations.
Any change in the applicable VAT rate may be reflected in the prices of the products. Prices cannot be changed once the customer's order has been placed. Likewise, if one or more taxes or contributions, in particular environmental taxes, were to be created or modified, up or down, this change could be reflected in the selling price of the items on the Seller's site and the sales documents. The prices of the items ordered on the site and the date of the order in question are binding.
Deliveries can only be made in mainland France, excluding Corsica and Monaco.
The Seller reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the order.
The Products ordered remain the property of the Seller until full and valid payment of the Price by the User.
The Prize is intended for Users as defined herein and not for professional buyers.
Discounts may be granted depending on the quantity of Products ordered at a rate of 5% of the price including VAT for any order of 36 bottles and 10% of the price including VAT for any order of 60 bottles or more, which can be mixed by unit of 6 bottles of the same vintage.
Article 5 - Availability and Delivery of the Product
5.1. Product availability
The Seller is a producer acting on this Site as a retailer to Users, reserves the right to refuse orders of a quantity of less than 12 bottles or 6 magnums, except in the case of promotional sales or specific packaging.
The Seller undertakes to honor orders received on the website only within the limits of the available stocks of the Products. In the absence of product availability, the Seller undertakes to inform the User thereof. As such, the Product is only visible for information on the Site and does not indicate that it is necessarily available at the time of the order, the Seller having to endeavor to inform the User of this availability on the Site but cannot guarantee it permanently before any order.
In the event that a Product is unavailable after the User has placed the order, the latter is informed by the Seller and the order will be canceled before any bank debit. If the unavailability were to occur after a bank debit, the Seller undertakes to reimburse the order or the part of the order which is unavailable.
Deliveries are only possible to Metropolitan France, excluding Corsica and Monaco.
The User has the choice of having it delivered, either to his home or to another address which has been carefully indicated by the User. As such, the User must communicate any detailed information useful for the delivery of the Product (location, residence, floor number, building, door code, guard, special hours, personal phone, email address and recipient address and sender).
The Seller undertakes to make deliveries of the Products ordered as soon as possible. The average times observed for available Products are 3 to 15 days for delivery in mainland France, from receipt of the order if it is valid, the time may vary depending on the address and the shipping period. .
The delivery times indicated on the Site are only indicative and cannot give rise, on the part of the User, to the cancellation of his order, or to a claim for damages in the event of delay. Similarly, the Seller cannot be held liable in the event of non-compliance with the delivery instructions actually sent to the carrier (address, date, times, calling card).
All shipments are made in packaging and packaging which guarantee the best security conditions. The Carriers are fully responsible for road damage. Even shipped postage paid, the Products travel at the recipient's risk. Upon receipt, the recipient must carefully check the conformity and condition of the Products delivered. Any deterioration or missing Product must be reported and recorded accurately on the carrier's delivery note, then be confirmed in writing to the Seller within 72 hours.
Home deliveries are made regardless of the location, including the floor, subject to the option for deliverers to have the passage necessary for the delivery of the goods ordered; Delivery can be arranged with the recipient on request and by appointment.
The User can ask any question and resolve any problem concerning his relations with the Seller by sending an email to the contact address indicated on the Site.
5.3 Shipping costs
The port is offered.
Article 6 - Terms of payment
The User has the choice to pay for his purchases:
online when ordering by credit card (Carte Bleue, e-carte bleue, Visa, Eurocard, Mastercard): in this case the debit is made prior to delivery.
by bank check, payable to SCEA HENRY MARIONNET, said check to be issued and drawn in the books of a bank domiciled in mainland France. The cashing of the check is made on the day of receipt of the check. The check must be accompanied by a copy of the online order form and bear the customer references and order references.
Whatever the method of payment, no discount, credit or installment payment is accepted.
An invoice for the online order will be available at the User's request by mail or email.
Article 7 - Guarantees and right of withdrawal
7.1. Right to retract
All Products can be exchanged or refunded except those bearing a contrary mention, for example the articles having been the subject of a personalization at the request of the User. The customer's request for an exchange must be made within 7 days from the date of receipt, in accordance with the provisions of Article L 121-20 of the Consumer Code (See full text in APPENDIX 1), without having to justify reasons or pay penalties.
If the new order is for a higher amount, the User must attach payment of the remainder to the exchange request. Conversely, if the amount of the exchange is less than the initial amount, the User will receive upon receipt of the request a letter-check for reimbursement of the difference.
In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product (s) purchased and the shipping costs will be reimbursed; the return costs remaining at your expense.
Returns must be made in their original condition and complete (packaging, accessories, etc.) allowing their remarketing in new condition, and accompanied by a copy of the purchase invoice for optimized management.
In all cases, any request for exchange or refund must be made by post to the Seller's address:
SCEA HENRY MARIONNET La Charmoise 41230 SOINGS.
7.2. Product Compliance
All Products are subject to a contractual guarantee, which does not preclude the legal guarantee provided for by articles 1641 and following of the Civil Code (See full text in APPENDIX 1).
For non-compliant Products delivered, the User benefits from a guarantee enabling him to return them in accordance with Articles L. 211-4 et seq. Of the Consumer Code (See full text in APPENDIX 1). The User must inform the Seller of this and, within 7 days after delivery, will have the nonconforming Products returned at his expense in the original packaging that he has taken care to keep.
The Seller will reimburse the order and the shipping costs as well as the return costs on proof. If they are not returned in the original packaging, Products that have suffered damage during this return will not be reimbursed. If they are not returned within 7 days, the Products will not be reimbursed.
In any event, the user benefits from the legal guarantees of conformity and hidden defects, in accordance with the legal provisions in force, in particular those specified in APPENDIX 1.
Reimbursement of products in the cases referred to in Articles 7.1 and 7.2. will be carried out as soon as possible and at the latest within 30 days of the date on which the right was exercised and the Seller will have become aware of it. The reimbursement will be made at the Seller's proposal, either by crediting the User's bank account, or by check sent to the billing address, the User being able to opt for a reimbursement method other than that proposed.
Article 8. - Confidentiality
The Seller implements all means to ensure the confidentiality and security of data transmitted over the web. As such, the website is secured by the use of a secure payment module type SSL (Secure Socket Layer) allowing the encryption of sensitive data linked to the means of payment.
Article 9 - Personal data
The Seller may, for commercial reasons, keep and use the User's address to send him promotional offers, keep him informed of the Products and the activity of his exploitation.
The User is informed that this automated processing of information has been declared to the CNIL.
In accordance with the law of January 6, 1978 amended in 2004, the User has the right to access, oppose, and rectify data concerning him, either directly on the Internet, or by mail by writing to the Seller, at the following address:
SCEA HENRY MARIONNET La Charmoise 41230 SOINGS
The request must be signed and accompanied by a photocopy of the User's identity document, bearing his signature and specifying the address to which the response must be sent. A response will then be sent by the Seller within one month of receipt of the request.
Article 10 - Liability
The Products offered for sale on the site comply with current French legislation. The Seller has, for all stages of order taking as well as for the stages subsequent to the conclusion of the contract, an obligation of means.
The Seller undertakes to describe with the greatest accuracy the products sold on its site.
In any case, the Seller's liability cannot be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by case law. French.
Likewise, the Seller cannot be held liable for all the inconveniences or damages inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion, the presence of computer viruses, any interruption of the Internet connection or of the Internet. service of the Website that cannot be attributed to it.
The Site is intended for sale to non-professional Users and in the event of a purchase on a professional basis, the Seller will not incur any liability for any indirect damage, or any violation by this professional of the laws and regulations in force, or for the uses non-compliant Products sold.
The Seller will not incur any liability if the User has falsely declared to be over 18 years old, the latter being warned that such a violation of the regulations may result in the immediate suspension of the User's account and the cancellation of all orders to the wrongs of the User. Likewise, the Seller shall not be held liable for any damage caused by the improper use by the User of the Products purchased on the Website such as the resale to minors, the transfer, modification or falsification of the Products, the User being considered as a non-professional end consumer and being duly informed of the regulations in force by article 11 hereof.
Article 11 - Protection of minors
Conformément à l'article L. 3342-1 du Code de la Santé Publique qui dispose que la vente des boissons alcooliques à des mineurs est interdite, de même que l’offre de ces boissons à titre gratuit à des mineurs dans les débits de boissons et tous commerces ou lieux publics, le Vendeur est en droit de demander à l’Utilisateur qu'il établisse la preuve de sa majorité. (Voir article du Code de Santé Publique en ANNEXE 1).
Il est rappelé en conséquence que l’Utilisateur s’engage à informer de bonne foi le Vendeur, en remplissant le bon de commande, qu’il a dix huit ans révolus à la date de la commande ou qu’il n’entend pas revendre ou céder le Produit à un ou des mineurs.
Le Vendeur entend rappeler que l’abus d’alcool est dangereux pour la santé. L’alcool doit être consommé avec modération.
Article 12 - Force majeure
In accordance with Article L. 3342-1 of the Public Health Code which provides that the sale of alcoholic beverages to minors is prohibited, as is the offer of these drinks free of charge to minors in drinking establishments and all shops or public places, the Seller is entitled to ask the User to establish proof of his majority. (See article of the Public Health Code in APPENDIX 1).
It is therefore recalled that the User undertakes to inform the Seller in good faith, by completing the order form, that he is eighteen years old on the date of the order or that he does not intend to resell. or transfer the Product to one or more minors.
The Seller wishes to remind that alcohol abuse is dangerous for health. Alcohol should be consumed in moderation.
Article 12 - Force majeure
The responsibility of one or the other of the Parties cannot be sought if the execution of the contract is delayed or prevented due to a case of force majeure or a fortuitous event, due to the other party or a third party or external causes such as labor disputes, intervention by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network or the electricity network.
Article 13 - Intellectual property
All elements of the Seller's site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of the Seller. The User who has a personal website and who wishes to place, for personal use, on his site a simple link directing to the Seller's site, must request the prior written authorization of the Seller.
In all cases, any unauthorized link must be removed at the Seller's simple request.
Article 14 - Duration
These conditions apply throughout the duration of the online services offered by the Seller.
Article 15 . - General provisions
The Parties acknowledge that this contract constitutes the entire agreement between them and replaces any offer, provision or prior agreement, written or oral.
The Parties elect domicile at the addresses indicated on the order form for the User and at the address appearing on the site for the Seller.
These conditions are subject to French law.
The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the defendant, of the place of actual delivery of the product.
Article L 121-20 of the Consumer Code amended by the Law of July 26, 2005
The consumer has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable, of return costs. The consumer can derogate from this period in the event that he could not move and where simultaneously he would need to call for an immediate service and necessary for his conditions of existence. In this case, he would continue to exercise his right of withdrawal without having to justify reasons or pay penalties.
The period mentioned in the previous paragraph starts from the receipt for the goods or from the acceptance of the offer for the provision of services.
When the information provided for in Article L. 121-19 has not been provided, the period for exercising the right of withdrawal is extended to three months. However, when the provision of this information occurs within three months from receipt of the goods or acceptance of the offer, it causes the seven-day period mentioned in the first paragraph to run.
When the seven-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Note: Ordinance 2005-136 2005-02-17 art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.
Article L211-5 of the Consumer Code
To comply with the contract, the good must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling
2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code
Action resulting from lack of conformity lapses two years after delivery of the goods.
Article 1641 Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Article L3342-1 of the Public Health Code
Amended by Law No. 2009-879 of July 21, 2009.
The sale of alcoholic beverages to minors is prohibited. Offering these drinks free of charge to minors is also prohibited in beverage outlets and any shops or public places. The person delivering the drink may require the customer to establish proof of majority.