General conditions of sale
These general conditions of sale (hereinafter referred to as the "General Conditions of Sale") govern all relations between the company MONTAGO, SCEA, with a capital of 1,000.00 EUROS, whose registered office is: Route du Grau du Roi, 30220 Aigues-Mortes, registered in the Trade and Companies Register under number: 832 360 085 (hereinafter referred to as the "Company"), and its customers (hereinafter referred to as the "Client") for all purchase made on the website www.vindessalins.com.
Main establishment postal address: MONTAGO / CSME - For the attention of the Service Vins des Salins - Route du Grau du Roi, 30220 Aigues-Mortes
Email address: vindessalins@salins.com
Telephone number: 06 82 66 74 92
Prior to any sale, the Customer acknowledges having had communication, in a legible and understandable manner, and having read the General Conditions of Sale and all the information and information referred to in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular:
- the essential characteristics of the product, taking into account the communication medium used and the product concerned,
- the price of the products and related costs (delivery, for example),
- the date or deadline by which the Company undertakes to deliver the product,
- information relating to the identity of the Company, its postal, telephone and electronic contact details, and its activities,
- the possibility of resorting to conventional mediation in the event of a dispute,
- information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard form of withdrawal), the costs of returning the products, the methods of termination and other important contractual conditions.
The Customer expressly declares to accept the General Conditions of Sale when he ticks the box "By validating this order, I accept the General Conditions of Sale".
Article 1 - Fields of application
Any sale contracted electronically with the Company on its website www.vindessalins.com (hereinafter referred to as the "Site") is subject to the General Terms and Conditions of Sale.
The telecommunications costs inherent in access to the Site remain the responsibility of the Customer.
The General Conditions of Sale are available in French. Only the French version of the General Conditions of Sale is authentic.
The Company reserves the right to adapt or modify the General Conditions of Sale at any time. In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order.
These General Conditions of Sale and prices are only valid for delivery and purchase in Metropolitan France.
Article 2 - Customer relationship
For any question, information or complaint, the Company is available to the Client:
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by phone at 06 82 66 74 92
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by email to the email address:vindessalins@salins.com
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by post to the following address:
MONTAGO / CSME - For the attention of the Service Vins des Salins - Route du Grau du Roi, 30220 Aigues-Mortes
Article 3 - Consumer information on product characteristics and prices
The Company presents on its Site the products as well as their detailed descriptions allowing the Customer to know, before taking the final order, their essential characteristics.
The Customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on the screen (name, price, format, particularities of the products) and expressly declares to accept them without reservation.
The photographs illustrating the products are only indicative as to the general presentation of the product.
The prices of the products presented on the Site are indicated in Euros all taxes included (TTC). They are applicable during the validation of the order by the Customer and do not include the participation in the shipping costs, invoiced in addition, and indicated before the final validation of the order.
Article 4 - Conditions of validity of the offer
The product offers and prices appearing on the Site are valid as long as they are visible and available on the Site.
Article 5 - Withdrawal period
Article 5.1 – The right of withdrawal
Article L. 221-18 of the Consumer Code states that any consumer has a period of fourteen (14) days from the date of physical receipt by him or the third party designated by him of the products ordered for exercise his right of withdrawal, without having to justify a reason or pay a penalty.
To exercise his right of withdrawal, the Customer must notify his decision to withdraw in writing to the Company, within the period of fourteen (14) days above by sending the withdrawal form attached hereto or any other unambiguous statement expressing its desire to withdraw by mail to the following address:
MONTAGO / CSME
For the attention of the Service Vins des Salins
Route du Grau du Roi, 30220 Aigues-Mortes
Article 5.2 - Exercise of the right of withdrawal
The Company recommends to the Customer who wishes to exercise his right of withdrawal to inform the Customer Relations Department. Products must be returned to the following address:
MONTAGO / CSME
For the attention of the Service Vins des Salins
Route du Grau du Roi, 30220 Aigues-Mortes
Article 5.3 – Conditions for returning products
The return of the product(s) takes place without undue delay and, at the latest within fourteen (14) days following the communication of the Customer's decision to withdraw, in its/their original packaging and in good condition, accompanied (s) any accessories and documentation.
The product(s) must be in perfect condition for resale.
Returned products travel at the expense and risk of the Customer.
Any damaged, incomplete, missing product will not be refunded and will be returned to the Customer.
Article 5.4 - Reimbursement
In the event of exercise of the right of withdrawal, the Company is required to reimburse to the Customer all the sums it has paid (delivery costs and price of the products included), without penalty, the Customer bearing only the costs direct product returns.
The refund is due within a maximum period of fourteen (14) days from the date on which the Company was informed of the Customer's decision to withdraw.
Article 5.5 – Exclusion
In accordance with Article L. 221-28 of the Consumer Code, it is recalled that the right of withdrawal cannot apply to contracts relating to the supply of goods which have been unsealed by the consumer after delivery and which may be returned for reasons of hygiene or health protection.
Article 6 - stages of conclusion of the sale
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Enter the address: www.vindessalins.com
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Follow the instructions on the Site.
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Follow the instructions necessary to open a customer account / or an express order without prior creation of a customer account.
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Fill in the order form.
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Identify any errors made in the entry and correction.
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Shipping costs taken into account. Choice of carrier if applicable.
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Validate the order, the total price and the all-inclusive price. Validate the general conditions of sale.
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Acknowledgment of receipt of the order electronically by www.vindessalins.com
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Confirmation of the order electronically by www.vindessalins.com, of the shipping date and our possible unavailability.
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Debit to the customer's account of the all-inclusive price including the total price of the items shipped and the cost of transport at the time of the order.
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Receipt of delivery.
During the establishment of the account opening form, the communication of his personal data, his bank card number and the confidential data relating thereto and the validation of the order, the Customer undertakes to respect of the General Conditions of Sale.
Article 6.1 - Creation and deactivation of the customer account
To make purchases on the Site, the Customer may first create a customer account. This must be created exclusively on the Site.
To create his account, the Customer must enter, on the one hand, his e-mail address and a password. These elements are confidential. The Customer will be solely responsible for the consequences of the use of his account, until it is deactivated.
For any information requested, the Customer undertakes to provide true and sincere information.
The Company cannot be held responsible for any input errors and the resulting consequences such as a delay and/or a delivery error. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the Customer.
In the event of non-compliance with the General Conditions of Sale by the Customer, the Company reserves the right to deactivate, automatically and without compensation, the Customer's account, after sending an e-mail or letter registered letter with acknowledgment of receipt of formal notice, which remained without effect for more than 30 days from the date of receipt of said e-mail or said registered letter with acknowledgment of receipt.
In the case of fraud on the part of a Customer, the deactivation of the account will be done automatically, without notice, without formality and without compensation.
The Customer who wishes to deactivate his account will inform the Company:
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Either by email to the following email address: vindessalins@salins.com
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Either by registered letter with acknowledgment of receipt addressed to: MONTAGO / CSME - For the Service Vins des Salins - Route du Grau du Roi, 30220 Aigues-Mortes.
The Company undertakes to deactivate the account within a maximum period of 7 days from receipt of this letter.
Article 6.2 – Express order without prior creation of a customer account
The Customer can make purchases on the Site without creating a customer account.
In this case, the Customer must provide in particular his contact details and the delivery address.
For any information requested, the Customer undertakes to provide true and sincere information.
The Company cannot be held responsible for any input errors and the resulting consequences such as a delay and/or a delivery error. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the Customer.
Article 6.3 - Validation of the order by the Customer
The Customer places his order in accordance with the indications appearing on the Site. This is the subject of a summary which includes all the elements. The Customer then validates it, after having read the General Conditions of Sale. To do this, the Customer must tick the box "By validating this order, I accept the general conditions of sale", by clicking on the icon, then must tick the box "I validate my order (order with obligation of purchase)", by clicking on the icon. Any order not validated cannot be honored.
Article 7 - Price, Invoice
Our prices are inclusive of all taxes. The Customer will receive on delivery an invoice, a confirmation of the contract confirming the above-mentioned provisions and including all the information mentioned in article L. 221-5 of the Consumer Code, as well as a withdrawal form, in application of Article L. 121-19-2 of the Consumer Code.
Article 8 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer.
The payment of the Customer's purchases is made exclusively by payment card identified by the Customer on the account opening form or when placing the order.
The commitment to pay given by means of a payment card is irrevocable except in the event of withdrawal (see article 5).
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on this bank card to be debited is his own, then communicates in a secure environment on the site of our payment partner, the number to sixteen digits and the expiry date, appearing on the front of his bank card, as well as, where applicable, the numbers of the visual cryptogram appearing on the back of his bank card.
Article 9 - Bank details
The bank is the only one, through its secure space, to have knowledge of the Customer's banking information. This information does not pass in any way on the site www.vindessalins.com The information in connection with the orders only are the subject of an automated treatment of data of which the person in charge is Paris Heure Locale. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud. Paris Heure Locale and the Company are the recipients of the data relating to your order. The non-transmission of data related to an order prevents the execution and analysis of the corresponding transaction. The occurrence of an unpaid amount will result in the registration of the contact details relating to the order associated with this unpaid amount in a payment incident file implemented by Paris Heure Locale. An irregular declaration or an anomaly may also be subject to specific processing. The Client is reminded of the provisions of Article L. 133-24 of the Monetary and Financial Code according to which "The user of payment services immediately informs his payment service provider of an unauthorized payment transaction or incorrectly executed and at the latest within thirteen months following the date of debit under pain of foreclosure unless the payment service provider has not provided or made available to him the information relating to this payment transaction in accordance with Chapter IV of Title 1 of Book III. Except in cases where the user is a natural person acting for non-professional needs, the parties may agree on a period separate from that provided for in this article." In the event that, for any reason whatsoever, the debit of sums owed by the Customer proves impossible, the sale made will be immediately resolved as of right and the electronic purchase process cancelled. In accordance with the law of January 6, 1978, amended on August 6, 2004, relating to data processing, files and freedoms, the customer has, at any time, a right of access, rectification, and opposition to this that his personal data collected by Paris Heure Locale be processed, by post and with proof of his identity, at Paris Heure Locale – 73 rue Notre Dame de Nazareth - 75003 PARIS.
Article 10 - Delivery
Delivery is understood to be made as soon as the product is made available to the Customer by the deliverer, materialized by the control system used by the deliverer.
Section 10.1 – General
When entering his order, the Customer must choose the place of delivery: home, office, third party, vacation spot, etc.
The delivery of the products is ensured in metropolitan France and Corsica. No delivery of wines can be made before full payment of the invoice.
The Customer has the option of having the products delivered to one of the natural persons of his choice whose permanent residence is located in metropolitan France. The products will be sent to the delivery address that the Customer indicated when ordering (limited to metropolitan France).
Article 10.2 – Delivery time
The products will be delivered at the latest within 30 days after the conclusion of the contract. Failing this, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium.
The contract is considered resolved upon receipt by the professional of the letter or writing informing him of this resolution, unless the Company has complied in the meantime.
Consequently, any delivery made beyond the delivery limit but before the receipt by the Company of the Customer's letter of denunciation cannot in any way justify the cancellation of the order, nor give rise to damages, compensation or penalties. Nevertheless, the Customer may immediately terminate the contract when the Company does not fulfill its obligation to deliver the product(s) on the date or at the end of the period provided for and that this date or this period constitutes for the Customer an essential condition of the contract, said essential condition resulting from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before the conclusion of the contract.
When the contract is terminated under the conditions provided for above, the Company reimburses the Customer for all of the sums paid during the order (product and delivery costs), at the latest within fourteen days following the date on which the contract was denounced.
In any case, the delivery of the products within the deadlines can only take place if the Customers are up to date with their obligations with regard to the Company and in particular with regard to their obligation to pay the price.
Article 10.3 – Shipping costs
Shipping costs via carrier are included in the selling price including VAT indicated on the site. Delivery can only be made with a minimum of 6 (six) bottles ordered. Delivery is reserved for metropolitan France.
Article 11 – Retention of title and transfer of risks
It is agreed that the products that will be delivered and invoiced to the Customer will remain the property of the Company until full payment of their price. Failure to pay may result in the Company claiming the products.
The risks of loss or deterioration of the products as well as the damage they could cause are transferred to the Customer when the package is made available to him.
Article 12 - Electronic files - protection of privacy
The Company has created an electronic file which lists certain personal data relating to its customers. When an order is placed on the Site by any new customer, this database is enriched by means of information concerning him, which will subsequently make it possible to better meet his expectations and facilitate the assistance services. This database has been the subject of a declaration, in accordance with the requirements of the law relating to data processing, files and freedoms of January 6, 1978, amended by the law of August 6, 2004.
In the event that the Customer consents to communicate individual personal data, he would then have the individual right of access, withdrawal and rectification provided for by law and may in this respect have the information concerning him which is not more relevant, by making a request in writing to the Company, at the following address:
MONTAGO / CSME
For the attention of the Service Vins des Salins
Route du Grau du Roi, 30220 Aigues-Mortes
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By using the Site, the Customer consents to the use by the Company of the personal data concerning him and which he has communicated, or which is collected through the operation of the Site. This data is necessary for the Company to be able to process the Customer's orders and provide the various services offered.
The Customer is informed that during his visits to the Site, a cookie may be automatically installed on his navigation software.
The cookie is a block of data that does not identify users but is used to record information relating to their browsing on the Site.
Article 13 - Intellectual property rights
The MONTAGO brand, illustrations, texts, logos and slogans, designs and models appearing on the Site are and will remain the exclusive property of the Company. Any total or partial reproduction, without the express prior consent of the Company, is strictly prohibited pursuant to Articles L. 335-2 and L. 335-3 of the Intellectual Property Code and constitutes an infringement and an offence.
Article 14 - Operation and use of the Site
The Company is only bound by an obligation of means with regard to the operation and continuity of the Site. The Company can in no way be held responsible:
access speeds to the Site from other websites, speeds of opening and consulting the pages of the Site, external slowdowns, suspension or inaccessibility of the service, fraudulent use by third parties of all the information made available on the Site, for facts due to a case of force majeure as defined in article 16, breakdowns and technical problems concerning hardware, programs, network software Internet which may, where appropriate, lead to the suspension or termination of the service, or if the service offered by the Site proves to be incompatible or has malfunctions with certain software, configurations, operating systems or equipment of the Customer.
The Customer is solely responsible for the use he makes of the service and cannot hold the Company liable for any complaint and/or proceedings made against him. He undertakes to be personally responsible for any complaint and/or procedure brought against the Company and which would relate to his use of the service.
The Company reserves the right to make any changes and improvements to its services that it deems necessary or useful and will not be liable for damages of any kind that may arise as a result.
Furthermore, the Company reserves the right, without notice or compensation, to temporarily or permanently discontinue a service or all the services offered by it on the Site. The Company will not be liable for damages of any kind that may arise as a result.
Article 15 – Force majeure
Events of force majeure are deemed to be those which are unforeseeable, irresistible and external, making it absolutely impossible to execute the contract of sale under the conditions provided for.
In the event that the Company is unable to deliver the product due to an event of force majeure, the Company undertakes to inform the Customer thereof without delay. The Customer will be automatically reimbursed, within a maximum period of 14 (fourteen) days following the date of collection of the price, pursuant to Article L. 216-3 of the Consumer Code.
Article 16 - Warranties
16.1. Legal guarantees
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Buyer to return defective or non-compliant products delivered free of charge.
16.1.1 Legal guarantee of conformity
The French consumer code provides the following in terms of the legal guarantee of conformity: Article L217-4: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L211-5: “To comply with the contract, the goods must:
1) Be fit for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has 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 present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L211-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
16.1.2 Warranty against hidden defects
The French civil code provides the following in terms of warranty against hidden defects:
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 reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »
Within the framework of the legal guarantee against hidden defects, MONTAGO, according to your choice, undertakes, after evaluation of the defect:
- Either to reimburse the full price of the returned product,
- Either to reimburse part of the price of the product if the Buyer decides to keep the product.
16.1.3 Disclaimer of Warranties
Products modified, repaired, integrated or added by the Buyer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover products damaged during transport or due to misuse.
16.2 Terms of implementation of legal warranties
When acting as a legal guarantee of conformity, the Buyer:
- has a period of two years from delivery of the property to act;
- can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Buyer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
These provisions are not exclusive of the right of withdrawal defined in article 6 above.
16.3 Consequence of the implementation of guarantees
As part of the legal guarantee of conformity, MONTAGO undertakes, at the Buyer's choice:
- either to replace the product with an identical product depending on available stocks,
- or to reimburse the price of the product if the replacement of a product proves impossible.
Within the framework of the legal guarantee against hidden defects, MONTAGO, according to your choice, undertakes, after evaluation of the defect:
- Either to reimburse the full price of the returned product,
- Either to reimburse part of the price of the product if the Buyer decides to keep the product.
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Article 17 - Protection of minors - Alcohol abuse
In accordance with article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, you agree, by completing the order form , to be eighteen (18) years old on the date of the order. Alcohol abuse is dangerous for health. Know how to consume and enjoy in moderation.
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Article 18 – Applicable law / Complaints and disputes
The General Conditions of Sale are subject to French law.
In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility of seizing free of charge the mediator of consumption to which the professional reports, namely AME CONSO, within a period of one year from the written complaint addressed to the professional.
Referral to the consumer ombudsman must be made:
either by completing the form provided for this purpose on the AME CONSO website:www.mediationconso-ame.com;
or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
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ANNEX :
WITHDRAWAL FORM
If you have ordered on the Internet and wish to exercise your right of withdrawal, please complete and send us the form below, to the following address:
MONTAGO
Route du Grau du Roi, 30220 Aigues-Mortes
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The right of withdrawal is exercised in accordance with our General Conditions of Sale.
I, the undersigned,............................................... ...................................
Address :................................................ ..................................
Telephone no.:................................/ Mobile no.:... ...........................................
Email address :............................................... ..................................
Declare to exercise my right of withdrawal relating to the following order:
- Order number :.........................................
- Order date :.........................................
- Date of receipt of the last item of the order: ....................................... ..
At (place).................................. on (date). .............................
Signature