The company SNC Fontainebleau International (hereinafter “the Company”) is a partnership, with a capital of 1.000 €, registered on the Draguignan Trade and Companies Register under the number 798 998 779, its registered office is placed Route de Monfort sur Argens 83143 LE VAL.
Company’s phone number is: 04.94.59.59.09, its email address is: firstname.lastname@example.org and its VAT IT number is: FR55 798 998 779 000 10.
The Company is the publisher of the website: www.fontainebleau-international.com.
The Company offers on its website:
- The sale of wine bottles and barrels ;
- The sale of olive oil bottles ;
- The booking of carriage ride.
Regarding the sale of wine bottles, the Company offers:
- Wines from Domaine de Fontainebleau en Provence vineyards;
- Wines from trade selected by the Company’s oenologist.
- in order for the issue to be reviewed by the mediator, the Customer will have to prove that he has done a written complaint nearby the Company or its consumer service and will have to keep a written proof of approaches that have been done;
- the request should be grounded and legitimate;
- he will be able to bring a complain to the mediator within a maximum period of 1 (one) year following his written complaint to the Company.
Alcohol abuse is bad for your health, please consume with moderation.
Pursuant to article L.3342-1 of the Public Health Code, the sale and offer of alcoholic drinks to under 18 people and assimilated is forbidden.
Article 1 : Purpose, Products and Deliveries
Terms and Conditions (“T&C”) described below detailed the Company’s and the buyer’s (“Customer”) rights and duties, the latter who is qualified of consumer in the terms of the Consumer Code, in the context of proposed sale on the website (“Website”) of goods (“Products”) and deliveries (“Deliveries”).
It has been stated that the Deliveries proposed on the Website are made by a Company’s provider.
By ordering on the Website, the Customer commits himself to be an adult according to the law and declares to have taken note and accept the current T&C.
The Company commits itself to deliver the Products ordered by the Customer in the limit of available product stock. If a Product is not available anymore, the Company will propose to the Customer an equal Product ; the Customer will therefore choose to keep the order or cancel it. In the case that the Customer refuses the equal Product, the Company will refund the Customer the total amount of the unavailable ordered Products, excluding any compensation.
Regarding the order of Deliveries, the Company’s provider will contact the Customer after the order has been made so that they can schedule a date and an hour of delivery.
Main characteristics of Products and Deliveries, specifications and pictures are shown on the Website. The Customer has to take note of it before any order.
Pictures and graphics shown on the Website are not contractually binding and will not engage the Company’s liability.
Article 2 : Rates
Rates of the Products and Deliveries sold are those prevailing the day the order is made.
Rates are expressed in euros and include all taxes. Rates indicated do not include delivery fees applicable on the order’s day.
The Company gives itself the right to change its rates anytime. Rates applied are those prevailing the day the order is made.
Article 3 : Products’ Order on the Website
The Customer chooses on the Website what Products he wants to order and can access anytime to his order summary.
The order summary of the Customer include all selected Products and potential additional fees like delivery fees.
The Customer has the possibility to check the accuracy of his order and proceed to correction of potential mistakes before confirming his order.
By ordering on the Website, the Customer expressly waives for the benefit of article 1587 of Civil Code, in which wine and olive oil sale is not definitely ended before the Customer’s tasting and approval.
Once the Customer confirms his delivery contact details and, if needed, billing details, the Customer proceeds to the payment.
The Customer confirms the order by ticking the T&C’s approval checkbox. The reference “Order with payment obligation” or any other similar references without consensus is placed next to the approval order icon in order for the Customer to explicitly recognize his payment obligation.
After the T&C’s approval and the confirmation order, the contract is validly concluded between the Company and the Customer and engages them irrevocably, exception being applicable by the exercice of Customer’s withdrawal right. The Company addresses to the Customer an order confirmation email to the email address indicated by the Customer.
Article 4 : Regulation
Products and Deliveries ordered via the Website are payable upon order.
The payment is due by credit card. The Website uses PAYPAL. This system granted to the Customer the entire confidentiality of his personal bank details. The banking transaction by credit card, realized between the Customer and the secure system is entirely encrypted and protected.
Customer’s bank details are not saved by the Company. The Customer ensures to the Company that he disposes of necessary authorizations to use the payment system.
The Company reserves itself the right to suspend or cancel any execution and/or delivery of an order, regardless of its nature and its level of execution, in case of non-payment or partial payment of any amount which will be due by the Customer to the Company, in case of payment incident, or in case of fraud or attempted fraud related to the Website’s use and to the payment of an order.
Article 5 : Delivery
Products are delivered only in metropolitan France.
Once the order is confirmed and the payment is received, the Company will proceed to the preparation of the order and to its expedition in a maximum period of 15 (fifteen) business days.
Once the order is shipped, the Customer will receive an email confirming the shipping of the order. The Customer will be able to follow the order on his personal account on the Website or contact, for this purpose, the Company by phone or by email.
When the order is ready to be delivered, the Customer will receive a text message with the details needed to call the delivery company to schedule a delivery appointment.
The Products ordered will be delivered to the delivery address indicated by the Customer when the order is placed. In the case that the delivery is not completed because of an incomplete address, wrong address or absence of the Customer, the Company will contact the Customer to inform him and get the additional information to the delivery. Possible additional delivery fees will be handle by the Customer.
In case of missing Products or deterioration, the Customer will have to express some reserves nearby the carrier.
If the complaint nearby the carrier does not succeed, the Customer will be able to contact the Company.
Article 6 : Withdrawal right
Pursuant to articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 (fourteen) days from the date of receipt of Products ordered or the delivery of the order to exercise his withdrawal right to the Company, without justifying any reasons nor payment of penalties.
To exercise his withdrawal right, the Customer has to notify his decision to withdraw by means of a declaration without ambiguity, without justify any reasons. The Customer can use the form in T&C’s appendix by sending it by post to the Company to the following address : Route de Monfort sur Argens 83143 LE VAL or by email at : email@example.com.
In case of notification to the Company by the Customer of his decision of withdrawal, regardless of the mean used, the Company will send without delay an acknowledgement of receipt of the withdrawal on a durable medium (in particular by email).
The Customer has to return the Products in the same condition in which he received it, and with all the packaging elements and accessories, in the best delay and not later than 14 (fourteen) days from the notification of the decision of withdrawal of the order, at the above mentioned address. Pursuant to the law, the Customer takes in charge the return fees of the Products.
In case of withdrawal from the Customer, the refund of the Products and/or Deliveries which are the purpose of the withdrawal right is done by the Company by the same mean of payment than the one used for the initial transaction, except if the Customer expressly agrees on a different mean. The refund is made in the best delay, and no later than 14 (fourteen) days from the day the Company is informed of the decision of the Customer to withdraw the order.
Pursuant to article L.221-23 from the Consumer Code, the Customer will have to return the Products in the same condition, not opened and in a perfect state.
Article 7 : Responsibility and force majeure
The Company is not responsible of indirect or consecutive damages that the Customer would suffer in the context of the current T&C’s execution and pursuant to article L.221-15 of the Consumer Code, the Company cannot be held responsible in case of mistake relating to a force majeure’s event, as a result of a third party or of the Customer.
The emergence of a case of force majeure has the effect of suspending the execution of the contractual obligations of the Company. It is understood that the force majeure should not be used for a late payment or a non-payment from the Customer.
Article 8 : Retention of title clause and transfer of risks
The Company reserves itself the property of the Products until the total payment of their price. The transfer of risks, loose and deterioration, will not occur until the Customer will physically take possession of the Products.
Article 9 : Product Guarantee
All the Products proposed by the Company are under the legal guarantee of compliance and to the guarantee of hidden defects, pursuant to articles of Consumer Code and Civil Code referred to in the actual T&C’s appendix.
It is the Customer’s responsibility to check the Products at delivery, this check must include references, quantities and quality and also their compliance regarding the order. In the limits of the applicable law, no complaint will be taken into account after a 15 (fifteen) days delay from the delivery date.
The Products with a compliance default or affected by a defect, uncontested and reported into that period, will be replaced or repaired, except for any compensations at any reason.
Article 10 : Personal Datas
In the context of the order, the Company collects personal data of Customers and particularly the following ones:
- Email address
- Phone number
- Postal and delivery addresses
- Birth date (only in the case of a personal account creation on the Website)
The Company respects the duties set by the Data Protection Act from January 6th 1978 as amended relative to the personal data protection and those provided by the General Regulation on the Protection of Personal Data from April 27th 2016 n°2016/679.
Article 11 : Customers Satisfaction – After sales Service
For any information, question or complaint, the Customer can contact from Monday to Friday, from 9:00 to 12:00 am and from 2:00 to 5:00 pm the Company’s After sales Service.
The Company’s address is : Route de Monfort sur Argens 83143 LE VAL, phone number is : 04 94 59 59 09 and the email address is: firstname.lastname@example.org.
Article 12 : Terms and Conditions Modifications
The Company reserves itself the right to change at any moment the current T&C.
Current T&C are the ones figuring on the Website the day when the order is made.
Article 13 : Applicable Law and Attribution of Jurisdiction
The current T&C are governed and construed in accordance with French laws.
In the event of litigation that may occur during the interpretation and/or execution of the current T&C or related with T&C, the Customer can decide to submit the litigation with the Company to a conventional mediation procedure or any other alternative way to solve issues. The Customer can also take contact with the mediation cybercommerce service of the FEVAD, www.mediateurfevad.fr.
The Customers is informed that:
In case that mediation procedure fails or if the Customer wishes to bring the complaint to a jurisdiction, Civil Procedure Code’s rules will apply.
Article 14 : Translation
The current T&C have been written in French and translated in English. In case of any issue of understanding due to translation, the French version will prevail.
Article 15 : Terms Autonomy
If one of any T&C’s measures or its application to any person or circumstance is invalidated, this invalidity will not concern the other measures or applications of those T&C, which will remain current, separately from the measure invalidated. For this purpose, the T&C’s measures are declared autonomous.
To the attention of :
I/we (*) inform you (*) by the current my/our (*) withdrawal from the contract regarding the good sale (*) described below:
Order on (*) / receive on (*):
Name of the customer(s):
Address of the customer(s):
Signature of the customer(s) (only in case that this form is notified on paper):
(*) please delete as appropriate
APPENDIX TO TERMS AND CONDITIONS
All the Company’s Products are under the legal compliance guarantee provided by the law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and under the hidden defects provided by articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: “The seller delivers a good in conformity with the sale contract and answers to any compliance defaults existing at the delivery.
He also answers to compliance defects resulting from packaging, installation instructions or installation when this has been put on his charge by the contract or has been realized under his responsibility.”
Article L.217-5 of the Consumer Code: “The good is faithful to the contract:
1° If its fit to the use usually expected for a similar good and, if so:
- if it fits to the description given by the seller and has the qualities presented to the buyer in the form of a sample or a model;
- if it has the qualities that a buyer can legitimately expect taking into account the public declarations made by the seller, by the productor or by his legal representative, in particular in publicity or labelling;
2° Or if it presents characteristics defined by a common agreement by the stakeholders or specific to any special use expected by the buyer, the seller being informed and having accepted that.”
Article L.217-12 of the Consumer Code: “The action resulting from a compliance defect is prescribed for a period of 2 (two) years starting at the delivery of the good.”
Article 1641 of the Civil Code: “The seller is obliged of the guarantee whatsoever hidden defects of the sold thing that would result in the impossibility of use, or in an non negligible reduction of the use that would have conduct the buyer not to buy or for a reduced price, if he has known it.”
Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects has to be initiated by the buyer within a 2 (two) years period from the discovery of the defect.”