TERMS AND CONDITIONS OF SALE

The DOMAINE AUDU site is an e-commerce site accessible to all users of the Internet, owned by GAEC DU MAS DE REBOUL with capital of €27,512, domiciled at 170 CHEMIN DU MOULIN A VENT 30430 BARJAC, hereinafter referred to as the “Vendor”.

It offers products for sale to Internet users browsing this website, hereinafter referred to as “users”. The user who has validated an order will be referred to as the “Customer”.

These general terms and conditions of sale apply to all countries to which an order may be delivered.

Order

Any order placed on this site implies acceptance of these general terms and conditions of sale.
The seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the site. The general terms and conditions of sale applicable are those in force on the date the order is placed.

An email summarising all the elements of the order and serving as an acknowledgement of receipt will also be sent to the buyer at the email address indicated by him/her.

Once the buyer has placed an order, he/she will be able to track his/her order and access all his/her data by logging into his/her account using his/her e-mail address and password.

Products

Characteristics:

The products offered for sale on the Site are the subject of a “Product Sheet” established by GAEC DU MAS DE REBOUL mentioning their essential characteristics within the meaning of Article L 111-1 of the Consumer Code. The photographs do not constitute a contractual document.

Conformity:

The products comply with the regulations in force relating to personal health and safety, fair trading and consumer protection at the time they were placed on the market (French Consumer Code art L 411-1). For products sold in a foreign country that is a member of the European Union, the products comply with the requirements of French law in force at the time they were placed on the market.

Stock availability:

The products offered are valid while stocks last. In the event of unavailability, the Vendor shall immediately inform the Customer, who may either be reimbursed by SEPA transfer within 30 days or accept a purchase voucher for the amount of the order, which may be used for any subsequent purchase.
The Seller is not liable to pay any cancellation compensation and cannot be held responsible for any stock shortages that may occur after the order has been placed by the Customer.

Prices

Selling price:

In accordance with article L 112-1 of the French Consumer Code, the sale prices for each of the products listed on the Site are indicated in euros, inclusive of all taxes; excluding, where applicable, customs duties; excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition. The total amount due by the Customer is indicated on the order confirmation page. The sale price of the product is that in force on the day of the order.

Changes :

The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer the application of the price in force on the day of the order.

Costs :

Any additional transport, delivery or postage costs of which the Customer may have become aware prior to ordering are mentioned on the order summary page or on the order form in the case of a physical order. Postage costs include a contribution to the costs of preparing and packing the order. They are fixed and may be modified for each sale.
Any customs duties may not be known at the time the order is placed, and shall be borne by the Customer, who shall pay them separately and on request from the competent authorities.

Order

Steps in concluding the contract :

To place an order, the Customer of legal age, after having filled in their virtual basket indicating the products selected and quantities desired, clicks on the “Order” button and provides the information relating to delivery and the method of payment. Before clicking on the “Confirm order” button, Customers can check the details of their order and its total price and return to previous pages to correct any errors, modify their order or cancel it.
Confirmation of the order constitutes acceptance of the GCS and forms the contract. An e-mail acknowledging receipt of the order and payment is sent by the Seller to the Customer.

Validation of the order:

The Vendor reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for the Customer who is a consumer. All orders imply an obligation to pay.

Contract

The sales contract is formed when the Customer sends confirmation of his/her order.
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

Payment

Payment due :

The price is payable in full once the order has been confirmed. Payment shall be made immediately upon ordering via a 3DSecure system, solely by bank card (Carte Bleue, VISA, Master Card).
The Customer guarantees that they are fully authorised to use the bank card they are using and that this bank card gives access to sufficient funds to cover the amount of the order.

Additional payment:

Prior to the conclusion of a sales contract, the Vendor ensures that the Customer has given his express consent for any additional payment to be added to the price of the main object of the contract (Article L 121-18 of the French Consumer Code). In the event that the additional payment results from the Customer’s consent given by default, without explicit acceptance, the Customer may claim reimbursement of the sums paid in respect of this additional payment (Article L 131-6 of the French Consumer Code).

Payment security:

By validating the order on the Site, the Customer is put in contact with the banking organisation. The transmission of bank details is totally secure (SSL encryption) and ensured by the Société Générale bank. The Company never has access to the bank details that are entered online on the Société Générale bank website.

Default of payment:

The seller reserves the right to cancel the order if the agreed price has not been paid.
In this case, the seller will inform the Customer by e-mail.

Retention of title clause:

The seller remains the owner of the products sold until full payment of the price by the Customer.

 

Delivery

Delivery costs are indicated when the order is placed and are added to the total cost of the products. The Seller undertakes to respect the delivery times indicated when the order is placed.

Place of delivery:

Products are delivered to the address indicated by the Customer at the delivery address indicated when the order was placed.

Methods of delivery:

Delivery is made by handing the product directly to the Customer.
When the product is delivered to the address indicated on the order form by a carrier, it is the Customer’s responsibility to check the condition of the product delivered in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt and, if necessary, to refuse the product and inform the Vendor.

Conformity of products:

If the product does not conform to the order, the Customer must send a complaint to the Seller with a view to obtaining a replacement of the product or possibly the cancellation of the sale.

Failure to deliver:

A total failure to deliver will automatically terminate the sales contract.

Delivery and transfer of risk :

The risks of loss or damage to the goods are transferred to the Customer at the moment when the Customer, or a third party designated by the Customer, takes physical possession of the goods, regardless of their nature.
Products delivered to the Customer by a carrier chosen by the Vendor travel at the Vendor’s risk.
Products returned by the Customer via a carrier of the Customer’s choice travel at the Customer’s risk.

Transfer of ownership :

From the date of receipt of the order by the Customer, ownership of the product is transferred to the Customer, unless full payment of the price has not been received at the time of ordering.

Legal guarantee of conformity and guarantee against hidden defects

Customer information:

All products supplied by the Vendor benefit from the legal guarantee of conformity provided for in articles L 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code. The Vendor is liable for any lack of conformity of the goods covered by the contract under the terms of article L 217-4 et seq. of the French Consumer Code and for any hidden defects in the goods sold under the terms of article 1641 et seq. of the French Civil Code.

Claims:

Claims made under the guarantees must be sent by e-mail to the customer service department under the conditions of these general conditions of sale. Products covered by the guarantees must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service. The cost of returning the goods shall be borne by the customer.

Law applicable to guarantees

The French law applicable to the contract may not have the effect of depriving a Customer residing in another Member State of the provisions on guarantees granted by its national law in application of the Directive of 25 May 1999 on the sale of consumer goods and associated guarantees.

Liability

Exemption from liability:

The Vendor may not be held liable in the event of non-performance or poor performance of the contract due either to an act of the Customer, or to the insurmountable and unforeseeable act of a third party to the contract, or to force majeure. The Vendor may not be held liable if the product does not comply with the legislation of the Customer’s country. It is the Customer’s responsibility to check that the product is not prohibited for sale in their country.

Penalty clause:

In all cases of non-performance of its obligations by the Customer, the price paid at the time of the order remains the property of the Vendor by way of compensation.

Cancellation clause

Cancellation of the order in the cases provided for in these GTC shall be pronounced by simple registered letter with acknowledgement of receipt or by electronic letter and shall be acquired by operation of law without any legal formalities.

Right of withdrawal

In accordance with articles L 221-5, L 221.18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) clear days from receipt of the last product ordered on the Site to exercise his/her right of withdrawal from the Company without having to give any reason or pay any penalty.
To exercise his/her right to withdraw from the order, the Customer shall contact the Seller using the form on the “contact” page. The Customer must indicate their name, address (delivery), telephone number, e-mail address and the number of the order in question; as well as their decision to withdraw from the contract by means of an unambiguous statement.

In order for the fourteen-day withdrawal period to be respected, it is sufficient for you to send your communication relating to the exercise of the right of withdrawal before the expiry of this period. In all cases, the burden of proof of this right rests with the Customer.

In the event that the Customer notifies the Vendor of his/her decision to withdraw, by whatever means, the Vendor will immediately send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (in particular by e-mail).

The Customer must return the product(s) in the same condition in which they received them, and with all packaging, accessories and instructions, as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, to the Vendor’s address. In accordance with the law, the Customer shall bear the cost of returning the product(s).

The Customer is invited to indicate the reason for the return/withdrawal in order to help the Company improve its service.
In the event that the Customer withdraws, the Vendor will reimburse the Customer for the product(s) that was (were) the subject of the right of withdrawal using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. In any event, this refund will not incur any costs for the Customer. The refund will be made as soon as possible, and no later than 14 days from the date on which the Company is informed of the Customer’s decision to withdraw from the order.

In accordance with Article L 121-23 of the French Consumer Code, the Client is hereby informed that it shall only be liable to the Company for any depreciation in the value of the Product(s) returned following the exercise of its right of withdrawal, resulting from handling other than that required to establish the nature, characteristics and proper functioning of the said goods.

Customer obligations

The Customer undertakes to comply with the terms of these GCS and to use the Site and the Products in accordance with the Company’s instructions. He agrees to use the Site solely for his personal use, in accordance with these GTC. In this respect, the Customer agrees to refrain from:

Use the Site in any illegal manner, for any illegal purpose or in any manner incompatible with these general terms and conditions of sale.
To sell, copy, reproduce, rent, lend, distribute, transfer or sub-licence all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in a form readable by the Customer, attempt to discover any source code or use any software activating or comprising the functionalities of the Site.
Attempt to obtain unauthorised access to the Site’s computer system or to engage in any activity that disrupts, diminishes the quality of or interferes with the performance or deteriorates the functionalities of the Site.
Using the Site for abusive purposes by deliberately introducing viruses or any other malicious programme and attempting to gain unauthorised access to the Site.
infringe the Company’s intellectual property rights and/or resell or attempt to resell the products to third parties.
To denigrate the Site and/or the products as well as the Company on social networks and any other means of communication.

If, for any reason whatsoever, the Company considers that a Customer is not complying with these GTC, the Company may, at any time and at its sole discretion, remove the Customer’s access to the Site and take all measures, including civil and criminal legal action, against the Customer.

Confidentiality

For information on the processing of personal data, please refer to the Privacy Policy.

Minors

Alcohol abuse is dangerous for your health, consume in moderation. In application of article L 3342-1 of the French Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen, by validating his/her order the Customer undertakes to be at least eighteen years of age on the date of the order.

Prior complaint to customer service

In accordance with article R 221-2 et seq. of the French Consumer Code, in the event of a dispute, the Customer must first contact the Company’s customer service department.

Applicable law – Mediation – Jurisdiction

This contract and the general terms and conditions of sale governing it are subject to French law. In the event of a dispute arising from the interpretation and/or performance of these terms and conditions or in relation to these terms and conditions of sale, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method. The competent court will be that of the defendant’s domicile (article 42 of the Code of Civil Procedure) or that of the place of actual delivery of the goods or performance of the service (article 46 of the Code of Civil Procedure).