terms and conditions
OBJECT
The General Terms and Conditions of Business described below detail the rights and obligations of DOMAINES BG WINE and its customers in connection with the sale of wines to consumers, on the website www.domainesbgwine.com. They apply, without restriction or reservation, to all sales concluded by the BG WINE DOMAINS with customers on the website. They specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the customers. The main characteristics of the wines and in particular the specifications, illustrations and indications of the dimensions or capacity of the products are presented on the website.
The customer is obliged to take note of these general conditions of sale before any order is placed. The choice and purchase of a wine is the sole responsibility of the customer. The photographs and graphics presented on the website www.domainesbgwine.com are not contractual and cannot be held responsible by DOMAINES BG WINE. The customer is required to refer to the description of each product in order to know its properties and essential features. Product offers shall be limited to available stocks, as specified when placing the order. These General Terms and Conditions apply to the exclusion of all other terms and conditions, including those applicable to sales in stores or through other distribution and marketing channels.
The Customer declares to have read and accepted these general terms and conditions of sale by ticking the box provided for this purpose before the implementation of the online ordering procedure. The validation of the order by the customer at the end of his online order constitutes confirmation of his acceptance, without restriction or reservation, of these general conditions of sale.
The sale of alcohol is prohibited to minors.
ORDERS
The customer validates his order when he activates the link «Confirm your order at the bottom of the page «Summary of your order» after accepting the present conditions of sale. Before this validation, it is systematically proposed to the customer to check each of the elements of his order; he can check the total price and correct any errors before confirming his acceptance. It is therefore up to the customer to check the accuracy of the order and to report any error immediately.
THE DOMAINS BG WINE confirm the order by e-mail; this information includes all the elements of the order and the right of withdrawal of the customer.
BG WINE DOMAINS reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, particularly in the event of a supply problem, or in the event of difficulty concerning the order received. The sale is final only after the confirmation of acceptance of the order by the DOMAINES BG WINE by e-mail is sent to the customer and the entire price is collected by the customer. DOMAINES BG WINE reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
THE DOMAIN BG WINE is dedicated to selling the products on its website to professionals and individuals from all over the world.
Unless proven otherwise, all the data provided and the confirmation recorded in the BG WINE DOMAINS computer system are proof of the transaction. The order confirmation will be the signature and acceptance of the transactions carried out.
Product availability
Our products are offered as long as they are visible on www.domainesbgwine.com, and within the limits of available stocks.
In case of unavailability of product after placing your order, we will inform you by email. Your order will be automatically cancelled and no bank debit will be made.
Delivery – Deadlines – Receipt
Deliveries are made according to availability and in order of arrival of orders.
BG WINE DOMAINS are authorised to make deliveries in whole or in part.
Delivery times are indicated as accurately as possible but actual delivery will be based on supply and transport possibilities. Failure to meet the delivery deadlines shall not give rise to damages or withholding.
In any case, delivery on time can only take place if the customer is up to date with his payments to the BG WINE DOMAINS, whatever the cause.
The DOMAINES BG WINE will be relieved of their obligation to deliver in the event of an event of force majeure, such as fire, strike, accident and impossibility of supply.
The delivery deadline varies depending on the customer’s address. It is fixed, for an address in metropolitan France, on the day of payment + 7 working days. In case of delay of shipment, an email will be sent to you to inform you of a possible consequence on the delivery time indicated to you.
In case of delivery by a carrier, DOMAINES BG WINE cannot be held responsible for a delay in delivery due to unavailability of the customer after several appointment proposals.
In case of delay of delivery in relation to the indicated deadline, the customer will send a registered letter with acknowledgement of receipt to the DOMAINES BG WINE enjoining them to comply by leaving them an additional period of twenty (20) days, time required for BG WINE DOMAINS to determine the cause of the delay or lack of delivery. If the new deadline does not expire, the customer may freely resolve the order by registered letter with acknowledgement of receipt. Once the contract has been terminated by the customer, LES DOMAINES BG WINE is obliged to refund to the customer the total of the sums paid, at the latest within fourteen days following the date of receipt of the denunciation of the order.
Upon receipt of the goods, any reservation must be made with the carrier in the event of missing or damaged goods. The customer has the right to refuse delivery if the product or products are damaged. All other claims, exchange or refund requests must be made by telephone at 06 02 31 36 24, and within 3 days of receipt of the goods. Otherwise, no claim on the part of the customer can be taken into account. The customer must open the package in front of the deliveryman.
Prices
Goods are supplied and invoiced according to the tariff in force on the day of acceptance of the order. They do not include processing, shipping, transport and delivery or postage charges and any other charges, which are charged in addition, under the conditions indicated on the website www.domainesbgdomainesbgwine.com, calculated and indicated prior to the confirmation of the order by the customer. However, the seller reserves the right to apply the rate in force on the day of the execution of the order in case of postponement of the delivery date requested by the customer.
Prices are net, ex DOMAINES BG WINE, packaging included, except special conditions, and are provided in euros all taxes included (VAT and other taxes applicable on the day of the order). The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
BG WINE DOMAINS reserves the right to change their price at any time, but the product will be charged on the basis of the rate in force at the time of validation of the order and subject to availability.
The products remain the property of DOMAINES BG WINE until full payment of the price. The price is payable in cash, in full on the day the order is placed by the customer.
Attention: as soon as you take physical possession of the ordered products, the risk of loss or damage of the products is transferred to you.
Payment
The fact of validating your order implies for you the obligation to pay the indicated price.
Unless otherwise specified, payment shall be made without any deduction or compensation whatsoever.
The payment of your purchases is made either by credit card thanks to the secure payment system E-transactions, or by bank transfer or cheque. Concerning payment by bank cheque, it must be issued by a bank domiciled in metropolitan France. The cashing of the cheque is done on receipt and the order will be shipped only when the cheque is properly cashed.
Withdrawal period
The customer has a period of fourteen clear days, from the receipt of the products, to exercise his right of withdrawal without having to justify reasons or pay penalties for the purpose of exchange or refund, provided that the products are returned in their original packaging and in perfect condition within 14 days of notification to DOMAINES BG WINE of the customer’s decision to withdraw. If the withdrawal period of 14 days expires on a Saturday, a Sunday or a public holiday or a non-working day, it shall be extended until the next working day.
Returns are to be made in their original state and complete allowing their return to the market in new state, accompanied by the purchase invoice. In this context, your responsibility is committed. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Damaged, soiled or incomplete products are not included.
The return costs are the responsibility of the customer. In the event of exercise of the right of withdrawal, DOMAINES BG WINE shall reimburse the customer for all sums paid, as soon as possible and at the latest within fourteen (14) days following the date of receipt by DOMAINES BG WINE of the products returned by the customer under the conditions provided for in this article.
Transfer of ownership and intellectual property
The transfer of ownership of the products to the customer takes place only after full payment of the price and whatever the date of delivery of the said products.
In the event of full non-payment of the price, the seller shall be entitled to continue the execution of the sale and to demand full payment of the price unless a claim for the goods is brought, in which case, any interim payments or partial payments would remain acquired as damages at the seller.
All elements of the website www.domainesbgwine.com are and remain the intellectual and exclusive property of Tour de Rissac. No one shall be permitted to reproduce, exploit, rebroadcast or use in any capacity, even in part, software, visual or sound elements. Any simple or hypertext link is strictly prohibited without a written agreement of the company Tour de Rissac.
Jurisdiction – Challenges – Responsibilities
Any disputes under these General Terms and Conditions of Sale may give rise to, as regards their validity, interpretation, performance, their termination, consequences and consequences and which could not have been resolved between the seller and the customer will be submitted to the competent courts in the conditions of common law. The client is informed that he can in any case resort to conventional mediation, in particular with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sectoral mediation bodies, and whose references appear on the website www.economie.gouv.fr or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Furthermore, DOMAINES BG WINE cannot be held liable for damages resulting from misuse of the purchased product. The guarantee of DOMAINES BG WINE is, in any case, limited to the replacement or refund of products that do not comply with or are affected by a defect.
Finally, the DOMAINES BG WINE cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a breakdown of service, an external intrusion or the presence of computer viruses.
Annex I - Provisions relating to statutory guarantees
Article L217-4 of the French Consumer Code
The seller is obliged to deliver goods in accordance with the contract and is liable for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the French Consumer Code
- Be fit for the usual intended use of a similar good and, if applicable: correspond to the description given by the seller and possess the qualities that the sellerhas presented to the buyer in the form of a sample or model the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling
- Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the issue of the good.
Article L217-16 of the French Consumer Code
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any fixed period of at least seven days is in addition to the remaining term of the warranty. This period shall run from the date on which the buyer applies for assistance or the date on which the property in question is made available for repair, if this is after the date on which the request for assistance was made available.
Article 1641 of the Civil Code
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648, first paragraph of the Civil Code
The action resulting from the disadvantages must be brought by the purchaser within two years of the discovery of the defect.
Appendix II - Withdrawal Form
This form must be completed and returned only if the customer wishes to withdraw from the order placed on the website www.domainesbgwine.com except exclusions or limitations on the exercise of the right of withdrawal in accordance with the applicable general terms and conditions of sale
Domaines BG WINE , Château Deumié 11610 Ventenac Cabardès, Aude
I hereby notify you of the exercise of my right of withdrawal with respect to the following order:
Order of :
Order number :
Customer's name :
Customer's address
Date and Signature of the Customer (only in case of notification of this paper form):