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Terms & conditions

 

  1. Article 1 – Purpose and scopen

    • 1.1. These General Terms and Conditions of Sale (“GTCS“) apply to all orders placed with Domaine de la Croix Exploitation S.A.S. (the “Company“), including through its website domainedelacroix.com (the “Site“) by (i) a natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity (a “Consumer Customer“) or (ii) a non-professional or a professional within the meaning of the introductory article of the French Consumer Code (a “Professional Customer” together with a Consumer Customer, a “Customer“).
    • 1.2. The consumer Customer acknowledges having received the pre-contractual information required by the Consumer Code prior to the conclusion of the order.
    • 1.3. The Customer acknowledges that he/she has read and understood the provisions of these General Terms and Conditions of Sale, which he/she declares to accept unreservedly, it being specified that any general terms and conditions of purchase of the Customer are inapplicable.
    • 1.4. Any document other than these GTS, and in particular catalogues, prospectuses, advertisements and notices, are for information purposes only and may under no circumstances constitute a contractual commitment on the part of the Company.
    • 1.5. The Company reserves the right to adapt or modify these GCS at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.

 

  1. Article 2 – Orders

    • 2.1. are placed by the Customer either (i) in the form of an order form, (ii) via the Site ((i) and (ii) being “Distance Orders“), (iii) in person in the Company’s boutique ((iii) being “On-Site Orders“). In the case of Distance Orders, the Customer’s signature on the order form or, alternatively, the click on the “I order” button, which is equivalent to a signature, shall constitute a firm and definitive commitment on the part of the Customer to purchase the products ordered at the total price indicated, including any delivery charges.
    • 2.2. No order placed by a Consumer Customer will be processed before receipt of the full price of the products (including any delivery charges). The sale of the products will be final from the express confirmation of the order by the Company.
    • 2.3. Any change in the composition or volume of an order placed by the Client will be subject to the express acceptance of the Company.
    • 2.4. The Company cannot be held responsible for stock shortages or the impossibility of selling a product for which there is no stock.

 

  1. Article 3 – Prices and payment terms

    • 3.1. The prices are those in force on the day the order is placed, as set out in the quotation or price brochure supplied to the Customer or according to the price list indicated on the Site or on the Customer’s premises.
    • 3.2. Subject to the stipulations of Article 4 below, the prices of the products are ex our cellar and (i) for the Consumer Customer in euros including VAT and (ii) for the Professional Customer in euros excluding VAT, with any delivery costs payable in addition.
    • 3.3. In the case of orders placed in the form of an order form, payment for the products may be made by cheque, in cash (within the applicable legal limits) or, in the case of professional Customers, by bank transfer. For orders placed via the Site, payment may be made by cheque or bank card. In the case of On-Site Orders, payment may be made by cash (within the applicable legal limits), cheque or bank card.
    • 3.4. The Company will issue an invoice to the Customer for each order. In the case of Professional Customers, invoices issued by the Company are payable within (i) 30 calendar days.
    • 3.5. Under no circumstances may a Customer demand the application of reductions and/or discounts that are no longer in force on the day the order is placed. No discount will be granted for early payment.
    • 3.6. In the event of total or partial non-payment of one or more invoice(s), the Company may:
      • 3.6.1. demand immediate payment of all sums owed by the Customer, whether due or not, and may make the performance of a new delivery or a new service conditional upon such payment; and
      • 3.6.2. demand, without the need for a registered letter, the return of the products sold or the reclamation of their resale price, at the Customer’s expense and risk, by virtue of Article 5 (Reservation of title) below and, in the case of a professional Customer who is the subject of collective proceedings, in accordance with Article L. 624-16 of the French Commercial Code.
    • 3.7. In addition, any sum not paid by the due date will automatically give rise to the application of:
      • 3.7.1. late payment penalties at an annual rate equal to 3 times the legal interest rate; and
        in the case of a professional Customer, a fixed indemnity for collection costs of €40.
      • 3.7.2. where the recovery costs incurred are higher than the flat-rate compensation, the Company may request additional compensation, subject to proof.

 

  1. Article 4 – Deliveries

Orders made by a consumer Customer

  • 4.1. The delivery time for products will be indicated by the Company, with delivery times running from receipt of full payment for the corresponding order.
  • 4.2. For all deliveries in mainland France, delivery will be made carriage paid for all orders equivalent to 36 bottles or more, with a flat rate of €30 being applied for all orders below this volume, the amount of this flat rate being subject to any additional costs linked to delivery constraints. In the event of delivery outside mainland France, delivery costs will be the subject of an estimate drawn up by the Company, with any customs fees and formalities being the sole responsibility of the Consumer Customer. In any event, the Consumer Customer may use a carrier of their choice at their own expense.
  • 4.3. All risk of loss of or damage to the products shall pass to the Consumer Customer (i) at the time when the Consumer Customer or a third party designated by the Consumer Customer takes physical possession of the products or (ii) if the Consumer Customer entrusts delivery to a carrier of its choice, other than the carrier offered by the Company, at the time when the Company hands over the products to the carrier.

Orders made by a professional Customer

  • 4.4. The Company will do its utmost to meet the delivery deadline set but will not be bound to do so, particularly in the event of supply difficulties and/or product unavailability.
  • 4.5. For all deliveries in mainland France, delivery will be made carriage paid. Notwithstanding this, any risk of loss or damage to the products is transferred to the Professional Customer when the Company hands over the products to the carrier. All deliveries outside mainland France will be made in accordance with INCOTERM Ex Works. In any event, all transport costs, customs fees and formalities and the risks associated with transporting the products shall be borne exclusively by the Professional Customer.

General stipulations

  • 4.6. At the time of delivery, the Customer must check that the goods conform to the order. By signing the delivery note, the Customer acknowledges receipt of the products. In the event of a complaint, the Customer must indicate all reservations concerning the products on the delivery note. The professional Customer must confirm these reservations by notifying the Company in accordance with the provisions of article L. 133-3 of the French Commercial Code.
  • 4.7. In the event that the Customer enters the delivery details incorrectly, (i) the Company shall not be liable for any delays caused in terms of delivery times and (ii) the Company shall be entitled to invoice the administrative and transport costs associated with the return of the products ordered, i.e. 8 euros per parcel.

 

Article 5 – Reservation of ownership

The Company retains ownership of the products until effective payment of the full price in principal and ancillary items, without prejudice to the transfer of risks in accordance with Article 4 (Deliveries) above.

 

Article 6 – Legal guarantee of conformity and guarantee against hidden defects

The Company is liable for any lack of conformity of the goods sold in accordance with the provisions of the French Consumer Code and for any hidden defects in the goods sold in accordance with the provisions of the French Civil Code.

In the event of an action under the legal guarantee of conformity, the Customer :

  • has a period of two years from delivery of the property in which to take action,
  • may choose between repairing or replacing the goods, subject to the cost conditions set out in article L. 211-9 of the French Consumer Code,
  • is exempt from having to prove the existence of a lack of conformity in the goods during the 24 months following delivery of the goods.

In the event that the Customer decides to invoke the warranty against hidden defects in the item sold as provided for in article 1641 of the French Civil Code, he or she may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the said Code.

Any claim under the above guarantees must be sent by e-mail to the following address: contact@domainedelacroix.com or alternatively by post with acknowledgement of receipt to the Company’s registered office.

 

Article 7 – Consumer Customers’ right of withdrawal for Distance Orders

In the case of Distance Orders, the Consumer Customer has a period of 14 days in which to exercise his/her right of withdrawal. This 14-day period runs from the date of delivery of the products. Consumer Customers may exercise their right of withdrawal by sending the Company the withdrawal form shown below.

WITHDRAWAL FORM (ARTICLE 8 OF THE CGV)

(Please complete and return this form only if you wish to withdraw from the contract)

For the attention of [professionals insert their name, geographical address and, where available, their fax number and e-mail address here]:
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following products:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in the case of notification of this form on paper):
Date:
(*) Strike out what does not apply.

 

The cost of returning products when the right of withdrawal is exercised shall be borne exclusively by the Customer.

Reimbursement of the sums owed by the Company to the Consumer Customer may be deferred until receipt of all the products ordered in good condition and in their original packaging with the original invoice, and will take place provided that the conditions in which the Customer has stored the products have not deteriorated their taste qualities.

 

Article 8 – Personal data

The personal data relating to the Customer collected by the Company for the purposes of management, commercial analysis and canvassing are processed in the context of the performance of the present contract in accordance with the provisions of law no. 78-17 of 6 January 1978 as amended. All Customers have the right to access, rectify and oppose the processing of their personal data by sending a letter to the Company together with a photocopy of their identity card. For further details, please consult the dedicated page on the Site: https://www.domainedelacroix.com/en/personal-data-cookies/.

 

Article 9 – Force majeure

The Company’s obligations may be suspended in the event of force majeure as defined in article 1218 of the French Civil Code.

 

Article 10 – No waiver

The fact that the Company does not avail itself of any of the clauses herein at a given time shall not constitute a waiver of its right to avail itself of the same clauses at a later date.

 

Article 11 – Applicable law – Jurisdiction

These GCS are governed by French law.

ANY DISPUTE TO WHICH THESE GCVS MAY GIVE RISE CONCERNING THEIR VALIDITY, INTERPRETATION, PERFORMANCE OR TERMINATION, THEIR CONSEQUENCES AND THEIR CONSEQUENCES SHALL BE SUBMITTED TO :

  • FOR CONSUMER CUSTOMERS, TO THE COMPETENT COURTS IN APPLICATION OF THE CODE OF CIVIL PROCEDURE AND THE CONSUMER CODE; AND
  • FOR PROFESSIONAL CUSTOMERS, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR THE INTRODUCTION OF THIRD PARTIES, THE COMMERCIAL COURT OF FRÉJUS SHALL HAVE EXCLUSIVE JURISDICTION.

 

Article 12 – Protection of minors

In accordance with article L.3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors is prohibited, the Customer declares and guarantees, by placing an order, to have reached the age of eighteen (18) years on the date of the order by ticking the appropriate box, where applicable.

WE REMIND YOU THAT ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH

IMPORTANT

In accordance with article L.3323-4 of the French Public Health Code, the products presented in our shop and on the Website do not contain any information other than the indication of the degree of alcohol by volume, the origin, the name, the composition of the product, the name and address of the manufacturer, the agents and the stockists, as well as the method of production, the terms of sale and the method of consumption of the product.

Under no circumstances may advice on consumption, opinions relating to products, or objective or subjective assessments thereof, be assimilated to incitement to consume alcoholic beverages, and give rise to any proceedings whatsoever against the Company.