General

Conditions Of Sales

GENERAL TERMS AND CONDITIONS OF SALE (GTCs)

 VIGNOBLES EDONIS website

www.lesvignoblesedonis.com  

 

1.     THE PARTIES

These GTCs apply to any purchase by a natural person of legal age (hereafter the ‘CUSTOMER’) on the www.lesvignoblesedonis.com website (hereafter the ‘Website’) from the CAVE ROBERT ET MARCEL company, an agricultural cooperative society with variable share capital registered in the Angers Trade and Companies Register under no. 786 195 859. The company’s registered office is at Saint-Cyr-en-Bourg, Montreuil-Bellay, La Perrière, 49260 BELLEVIGNE-LES-CHATEAUX. It is represented by Mr. Marc BONNIN in his capacity as Chair of the Board of Directors. His Intra-community VAT number is 94 786 195 859. Tel: 02 52 60 10 97, email: contact@lesvignoblesedonis.com

 

2.     SELLER’S ACTIVITIES

The SELLER specialises in the production of wines and the marketing of wines, wine accessories and local products. These GTCs relate only to the sale of bottles of wine, local products and wine accessories to consumers via the Website.

 

The Website is not intended for wine professionals, who should contact the SELLER’s commercial department for the relevant contractual conditions (email: serviceclient@lesvignoblesedonis.com).

 

3.     EXTENDED PRODUCER LIABILITY

The SELLER is subject to Extended Producer Liability regulations. In this regard it is registered for Extended Producer Liability for household paper and packaging with Adelphe, under the unique identification number A4900011.

 

4.     PRODUCTS

The products sold via the Website are intended for personal use. The beverages and food products are not intended for consumption by animals. The alcoholic beverages are not intended for consumption by persons under 18 years of age or pregnant women.

 

ALCOHOL ABUSE IS HAZARDOUS TO HEALTH AND SHOULD BE CONSUMED IN MODERATION.

 

5.     PROTECTION OF MINORS

The sale of alcohol is prohibited to persons under 18 years of age. Before confirming any order that includes alcohol, CUSTOMERS are required to confirm they are at least 18 years old. The SELLER reserves the right to carry out checks relating to the CUSTOMER's age.

 

6.     ACCEPTANCE OF GTCs

CUSTOMERS must read and accept the GTCs before confirming an order. To accept the GTCs, CUSTOMERS must tick the acceptance box before proceeding to payment and order confirmation.

CUSTOMERS are asked to read the GTCs carefully, download and print them and keep a copy.

 

7.     CHANGES TO THE GTCs

The GTCs are subject to changes by the SELLER. However, the GTCs accepted by the CUSTOMER at the time of placing an order are the version that applies to that order. The SELLER therefore advises CUSTOMERS to read the GTCs before each new order.

 

8.     CREATION OF A CUSTOMER ACCOUNT AND IDENTIFICATION

Before placing an order, CUSTOMERS must create an account by clicking on 'New Customers' under the " » tab and following the instructions.

 

CUSTOMERS who already have an account should select 'Registered Customers' and log in before proceeding to place an order.

CUSTOMERS are responsible for choosing their own login details (email address and password) and keeping them safe. This information is confidential and should not be divulged to anyone else. CUSTOMERS should click on 'forgotten password?' if they cannot remember it, and follow the steps outlined.

 

9. PRICES 

The prices quoted on the Website are in euros and inclusive of all taxes.

Prices include order processing costs but not delivery costs. CUSTOMERS are advised of the delivery cost before confirming an order; the cost depends on the chosen delivery method.

 

10. ORDERING AND PAYMENT

CUSTOMERS add their chosen products to their basket by clicking on 'add to basket', specifying the quantity required of each product.

 

When the basket is deemed to be full, the CUSTOMER should click on ‘confirm my basket’, check the delivery and billing addresses are correct and change them if necessary, and select the delivery method and payment method. 

 

The CUSTOMER must then click to accept the GTCs and data protection policy.

 

If the CUSTOMER opts for payment by bank card, the order is completed when full payment is received. CUSTOMERS are directed to a secure payment platform and should follow the instructions given. CUSTOMERS are asked to confirm that they are the approved user of the bank card and that there are sufficient funds in the account.

 

If the CUSTOMER opts for payment by PAYPAL®, the order is completed when full payment is received. CUSTOMERS are directed to PAYPAL®’s secure payment platform and should follow the instructions given.

 

After confirming the order, the CUSTOMER will receive a confirmation email from the SELLER.

 

Confirmation of an order constitutes proof that the order is complete in accordance with the applicable regulations (1366 Civil Code), and the amounts stated on the order are payable.

 

11. DELIVERY

Details of delivery modes and charges are given on the Website. CUSTOMERS are responsible for entering the correct delivery address when placing an order.

 

12. STORAGE OF CONTRACTS AND ACCESS

Orders for amounts over 120 euros are stored securely by the SELLER for a period of TEN years.  CUSTOMERS may request their archived orders from the SELLER at Saint-Cyr-en-Bourg, Montreuil-Bellay, La Perrière, 49260 BELLEVIGNE-LES-CHATEAUX.

 

13. LOYALTY SCHEME

CUSTOMERS may join the loyalty scheme free at any time by clicking on the 'Club VIGNOBLES EDONIS' tab. The loyalty scheme operates as follows:

  • 1 euro spent = 1 point
  • Only purchases made after joining the loyalty scheme can be taken into account.
  • 100 points = 1 voucher to the value of 5 euros that can be used while the CUSTOMER loyalty scheme account remains active. CUSTOMERS may accumulate several vouchers. Unless otherwise indicated on the Website, vouchers cannot be combined with other offers (sale items, price reductions, special offers, etc.)
  • CUSTOMERS will lose their loyalty points if no further purchases are made on the Website and/or at VIGNOBLES EDONIS shops within twelve months.
  • Loyalty points are associated with the customer’s account and cannot be transferred to anyone else.

 

14. OBJECTION TO TELEPHONE MARKETING

CUSTOMERS are reminded that they have the right to register on the list to opt out of telephone marketing: www.bloctel.gouv.fr

 

15. PROFESSIONAL LIABILITY INSURANCE

The SELLER has taken out professional liability insurance with worldwide geographical coverage. The insurer is ALLIANZ IARD, 1, Cours Michelet, CS 30051, 92076 Paris La Défense Cedex.

 

16. LEGAL GUARANTEES

CUSTOMERS are protected by the statutory guarantee of conformity (L217-3 et seq. of the Consumer Code) and the statutory guarantee against defects in goods sold (1641 to 1649 of the Civil Code) within the conditions and limits of the law. The SELLER does not provide any additional commercial guarantee.

 

Consumers have recourse to the statutory guarantee of conformity for a period of two years from the time the goods are delivered. During this period, the consumer is only required to demonstrate the existence of a defect and not the date when it became apparent.

 

Where a sales contract concerns the continuous provision of digital content or a digital service for more than two years, the statutory guarantee is applicable to the digital content or digital service for the whole period for which it is provided. During this period, the consumer is required only to demonstrate the existence of a defect in the digital content or digital service and not the date when it became apparent.

 

The statutory guarantee of conformity entails an obligation for the supplier to provide any updates required to maintain the conformity of the goods.

 

Under the statutory guarantee of conformity, consumers are entitled to ask for the goods to be repaired or replaced within 30 days of the request at no cost and without major inconvenience to themselves.

 

Where the goods are repaired under the statutory guarantee of conformity, the consumer is granted an extension of six months to the original guarantee period.

 

If a consumer asks for the goods to be repaired but the seller instead provides a replacement, the statutory guarantee of conformity is renewed for two years from the date the goods are replaced.

 

Consumers may obtain a partial refund if they decide to keep the goods, or terminate the sales contract and receive a full refund if they return the goods, where:

  1. The seller refuses to repair or replace the goods;
  2. The goods are not repaired or replaced within 30 days;
  3. The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer is obliged to bear the costs of recovery or removal of the non-compliant goods or installation costs for the repaired or replacement goods;
  4. The goods continue to be defective after an unsuccessful attempt by the seller to restore them to compliance.

 

Consumers are also entitled to a reduction in the price of the goods or termination of the contract where the defect is serious enough to constitute a partial refund or immediate termination of the contract. In this event the consumer is not required to first ask for the goods to be repaired or replaced.

 

Consumers are not entitled to a termination of the contract for minor defects.

 

The statutory guarantee is suspended for the period of time taken to repair or replace the goods and is reinstated when the repaired or replacement goods are delivered.

 

The above-mentioned rights are applied in accordance with articles L217-1 to L217-32 of the Consumer Code.

 

Any seller who obstructs application of the statutory right to conformity in bad faith will incur a civil penalty of up to 300,000 euros, which may be increased to 10% of their average annual revenue (article L241-5 of the Consumer Code).


Under the statutory guarantee, articles 1641 to 1649 of the Civil Code, consumers are also protected against hidden defects for two years from discovery of the defect. This guarantee entitles consumers to a partial refund if they keep the goods, or a full refund if they return the goods.

This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.

 

 

In exercising their rights under the statutory guarantee of conformity, CUSTOMERS should return goods to the SELLER by post where this does not incur major inconvenience to the CUSTOMER or a cost that is disproportionate to the value of the goods. However, the CUSTOMER cannot be required to insure the goods or organise their transportation where any method other than post is used.

 

17. FORCE MAJEURE

The Parties are not responsible for any non-execution or delayed execution of their obligations as a consequence of force majeure events, within the meaning of article 1218 of the Civil Code.

 

18. INTELLECTUAL PROPERTY

The overall structure of the Website with all its visual and audio elements (trademarks, logos, text, photos, video/audio features, etc.), including the underlying technology, are protected by intellectual property legislation, in particular copyright and trademarks rights.


Consequently, the use of these elements in full or in part, by any means, for payment or free of charge, is prohibited without the consent of the rights holders (specifically, the SELLER).

 

19. CLAIMS PROCESSING

CUSTOMERS may contact the SELLER’s customer services department with any queries or complaints relating to orders, quoting the order number.

  • By post:

CAVE ROBERT ET MARCEL

Service client

Saint-Cyr-en-Bourg, Montreuil-Bellay,

La Perrière,

49260 BELLEVIGNE-LES-CHATEAUX

  • By email: serviceclient@lesvignoblesedonis.com

 

20. MEDIATION

In the event of a dispute, CUSTOMERS may consult a consumer ombudsman to resolve the dispute amicably with the SELLER. In this regard, CUSTOMERS may contact:

-          Name of service:  CPMVD – Commission Paritaire de Médiation de la Vente directe (Joint Commission for Mediation of Direct Sales)

-          Postal address: 1, Rue Emmanuel Chauvière – 75015 – Paris

-          Website: https://mediation-vente-directe.fr

-          Email: info@cpmvd.fr

 

Before contacting the mediator, CUSTOMERS must demonstrate that they have first tried to resolve the dispute with the SELLER by sending a written claim. CUSTOMERS also have the right to refer claims to a competent judge of their choosing.

 

21. RIGHT OF WITHDRAWAL

 

  1. Scope and exclusions

CUSTOMERS have the right to withdraw any order they place with the SELLER via the Website. However, this right cannot be exercised for:

-        Products where the seal has been broken by the consumer after delivery and cannot be returned for health or hygiene reasons:

-        Perishable products and products with a short expiry date;

-        Products which by their nature are combined with other items after delivery and cannot be separated.

 

  1. Exercising the right of withdrawal

CUSTOMERS must exercise their right of withdrawal within FOURTEEN (14) days of receipt of the goods by the CUSTOMER or by a third party designated by the CUSTOMER, other than the carrier. Where an order relates to several products delivered separately, or a product to be delivered in multiple components or batches, the delivery of which is staggered over a period of time, the withdrawal period starts from receipt of the final component or batch.

 

To exercise their right of withdrawal, CUSTOMERS must notify the SELLER with an unambiguous statement to this effect. CUSTOMERS may use the withdrawal form at the bottom of the page if they wish.

 

In the event of a dispute, it is the CUSTOMER’s responsibility to prove that a notification of withdrawal has been sent to the SELLER, whatever the means of communication used.

 

  1. Effects of exercising the right of withdrawal

If a CUSTOMER exercises the right of withdrawal:

 

⇒ The CUSTOMER’s order for the products to be withdrawn is cancelled;

 

⇒ The CUSTOMER must return the products concerned to the SELLER. The goods must be returned without undue delay and within FOURTEEN (14) days of notifying the decision to withdraw, at the latest. The CUSTOMER must bear the cost of returning the goods. The goods should be returned to the following address:

 

CAVE ROBERT ET MARCEL

Saint-Cyr-en-Bourg, Montreuil-Bellay,

La Perrière,

49260 BELLEVIGNE-LES-CHATEAUX

 

⇒ The SELLER will reimburse the CUSTOMER for the full amount paid without undue delay and not later than FOURTEEN (14) days of receiving the returned goods, or until the CUSTOMER provides proof that the goods have been dispatched, whichever is earlier.

 

Where the payment is not reimbursed within the above periods, interest will be legally added at the statutory rate if the deadline is exceeded by up to ten days, at the rate of 5% if it is exceeded by a period of between 10 and 20 days, by 10% for delays of between 20 and 30 days, by 20% for delays of between 30 and 60 days, by 50% for delays of between 60 and 90 days, and by an additional 5 percentage points for each further month of delay up to the full price of the goods, and thereafter at the statutory rate.

 

The SELLER will reimburse the CUSTOMER by the same means as the CUSTOMER used when placing the order, unless the CUSTOMER has expressly agreed to a different means of reimbursement. The CUSTOMER will incur no charges for the reimbursement under any circumstances.

 

 

Updated 16 November 2022