GENERAL TERMS & CONDITIONS OF SALE - INTERNET
The vocation of SARL BERNE SELECTION is to market high-quality wines to its customers, to whom it wishes to provide the finest service. These General Terms & Conditions of Sale, hereafter "GTC", have been drawn up to this effect. They apply to all our prices, replace the previous GTC and may be modified without notice. The provisions of our GTC shall prevail over those of the customer special terms of purchase, valid only for points not covered by our GTC and subject to the written agreement of SARL BERNE SELECTION.
ARTICLE 1 – Scope of application
These GTC apply, without restrictions or reservations, to all purchases of goods and products ("goods" or "products") offered by SARL BERNE SELECTION ("the seller" or "the supplier") to non-professional consumers and customers ("the Customer" or "Customers" or "the Consumer" or "Consumers" or "Buyer" or "Buyers") on its Website www.md-provence.com, hereafter "the Website". Access to the Website is free and unlimited.
The main and essential characteristics of the wines are shown on the Website.
The customer is required to read these GTC prior to issuing any orders. The customer is solely responsible for the choice and purchase of products.
SARL BERNE SELECTION is a limited liability company with a capital of 971,000 euro, having its head office at Chemin de Berne, Château de Berne, 83780 Flayosc, FRANCE.
These Terms & Conditions are applicable to the exclusion of all other terms & conditions, in particular those applicable to other product marketing channels.
These GTC are accessible at all times on the Website and shall prevail, if necessary, over any other contradictory version or document. The GTC are available to constumers via the Website's hyperlink "General Terms & Conditions", or can be consulted directly; they can also be issued to the consumer at his request.
By confirming his order and these GTC, the consumer confirms that he is of legal age and has the necessary legal capacity.
Except proof to the contrary, the information stored in the seller's IT system shall comprise proof of all transactions made with the customer.
In accordance with the French Law "Loi Informatique et Libertés" (Data Protection Act), customers have the right to access, rectify and oppose personal data relating to them at any time by writing to CHÂTEAU DE BERNE, Chemin de Berne, 83780 FLAYOSC, FRANCE, with proof of identity.
Product order confirmation by the customer implies his consent and agreement, without restrictions or reservations, to these GTC.
These GTC are subject to change. The applicable version at the time of the customer purchase is that in effect on the Website on the order date.
Products shown on the Website are available for sale to European countries.
Customs duties or other local taxes or import duties or state taxes may be applicable and shall be the sole responsibility and at the sole expense of the customer.
Any modifications to the GTC are applicable to Website users once online and cannot be applied to transactions conducted at an earlier date.
All orders made online on our Website www.md-provence.com and delivered to the following European countries: Germany, Austrian Belgium, Spain, Hungary, Italy, Luxemburg, The Netherlands, Poland, Portugal and Czech Republic are subject to French laws and taxes. As a result, buyers wishing to be delivered to any of the above EU countries authorize BERNE SELECTION SARL to organize the collection and shipping of the goods on their behalf, using the transporter of their choice. By virtue of French law, shipments to EU countries are restricted to 90 litres (equivalent to 120 x 0.75 litre bottles) for still wines and 60 litres (equivalent to 80 x 0.75 litre bottles) for sparkling wines and, in all cases, to 120 bottles for mixed orders not exceeding 60 litres of sparkling wines. By accepting the GTC at the time of the purchase order, the buyer certifies that he has read and accepts these provisions in full. Should the purchase order exceed the above quantities, BERNE SELECTION SARL shall refuse the order and propose a price according to the rights and taxes in force in the customer's country. Please contact us at email@example.com for pricing information.
ARTICLE 2 – Purchase orders
The customer selects the products he wishes to order on the Website as follows: the customer chooses his products and clicks "Add to basket". The customer then goes to his basket, checks the information is accurate and selects his desired delivery and payment methods, before clicking "Confirm". He must then log on to his account, or create an account and proceed with payment.
Contractual information is provided in French and must be approved at the latest when the customer confirms his purchase order.
For purchase orders issued exclusively via the Internet, the order is registered on the seller's Website when the customer accepts these GTC by checking the relevant box and confirms his order. The customer can check his order details and the total price and correct any errors before confirming his agreement (article 1127-2 of the French Civil Code). Order confirmation implies full acceptance of these GTC and constitutes proof of the sales agreement.
The sale of Products shall only become definitive once the seller has sent an order confirmation to the customer by email, after payment has been received in full by the seller.
Orders issued via the Website constitute a remote contract between the customer and the seller.
SARL BERNE SELECTION reserves the right to cancel or refuse any orders from customers in case of a dispute relative to a previous order.
Order modifications by the customer, with the exception of right of withdrawal, can solely be honoured by the seller within the scope of his ability and subject to prior notice issued by email to the seller at least one day prior to the scheduled shipment of the ordered Products. If necessary, the aforesaid modifications shall give rise to a new invoice and adjusted price.
If the seller is unable to honour the order modifications, the amount paid by the customer shall be refunded within two months from notification to the customer of the seller's inability to honour the modifications (unless the customer prefers a credit note).
ARTICLE 3 - Prices
The wines and Products proposed by the seller are supplied at the prices shown on the Website, when the purchase order is registered by the seller. Prices are in euro including VAT.
The price displayed takes into account any reductions granted to the buyer by the seller in accordance with the terms and conditions indicated on the Website.
These prices are firm and cannot be modified during their validity period, as indicated on the Website. Outside this validity period, the seller reserves the right to modify prices at any time.
Prices do not include administrative and shipping fees, which are billed additionally, in accordance with the terms and conditions indicated on the Website and calculated prior to issuing the order.
The amount payable by the customer corresponds to the total amount of the purchase, including the above fees.
An invoice is made out by the seller and issued to the customer on supply of the ordered Products.
ARTICLE 4 – Payment terms
The price is payable in full at the time the order is issued by the customer, according to the terms of the above article "Purchase orders", using a secure payment method:
- by PayPal
- by credit card, Visa, MasterCard, AMEX
- by personal or bank cheque
Bank cheques must be issued by a bank domiciled in France or Monaco.
Cheques are cashed in on receipt.
Payment data is encrypted.
The seller shall not be obliged to supply Products ordered by the customer if the price has not been paid in full in accordance with the above-mentioned terms and conditions.
Payments made by the customer are considered as definitive once the amount payable has effectively been received by the seller.
ARTICLE 5 – Product supply – Delivery times and shipping fees
Products ordered by the customer shall be delivered by a haulage firm (SCHENKER JOYAU or ALLOIN) between 3 and 30 days after definitive confirmation of the customer order according to the terms and conditions of these GTC, to the address indicated by the customer at the time of his order on the Website.
The seller undertakes to make every effort to supply the Products ordered by the customer, within an obligation of means and within the above-mentioned deadlines.
If the ordered Products are unavailable, the seller shall inform the customer immediately and may suggest an alternative product of equivalent quality and price.
If the ordered products have not been delivered within one month after the above-mentioned delivery time, for any reason other than force majeure or the customer's fault, the sale may be cancelled at the customer's written request in accordance with the terms of articles L 216-2 L 216-3 et L241-4 of the French Consumer Code. In this case, the amounts paid by the customer shall be refunded within 14 (fourteen) days of the contract cancellation, to the exclusion of any compensation or retention.
A 20-euro shipping fee including VAT shall be billed for all orders of less than 200 euro.
In case of a special request by the customer relating to Service supply, duly accepted in writing by the Service provider, the related costs shall be billed additionally and separately.
In the absence of reservations or claims expressly issued by the customer on receipt of the Products, the latter shall be considered as compliant with the purchase order in terms of quantity and quality.
The final order cost is inclusive of tax and standard delivery fees, which are calculated automatically. Deliveries are made by our delivery firm to the door of your apartment building or house (deliveries to upper floors and special requirements are at the customer's expense). Our delivery service is not authorized to enter your property. Deliveries are made by appointment with the delivery firm, which will contact you for arrangements. In case of special deliveries, any fees incurred are at your expense and payable directly to the delivery firm.
Any reservations or claims must be issued by the customer to the seller within 14 days of receipt of the Products, along with the relevant proofs.
Claims may not be accepted in case of failure by the customer to respect the above formalities and deadlines.
The seller shall refund or rectify (where possible) Products duly proved by the customer to be non-compliant as soon as possible, at the seller's expense and in agreement with the customer.
ARTICLE 6 – Offer duration
Online special offers shown on the Website are valid as long as the products remain featured on the Website and subject to availabilities, unless a particular offer duration is mentioned.
ARTICLE 7 – Right of withdrawal
In accordance with French law, the customer benefits from a period of 14 days from his order date to withdraw and cancel an order issued to the seller, without any justification or penalties, and request an exchange or refund.
The right of withdrawal can be exercised by letter addressed to SARL BERNE SELECTION or email to firstname.lastname@example.org, mentioning the relevant order.
If the right of withdrawal is exercised within the above-mentioned deadline, only the price of the ordered Products is refunded.
The amounts paid by the customer shall be refunded within 14 days of receipt of the customer's withdrawal notice by the seller.
ARTICLE 8 – Responsibility of the service provider - Warranty
The seller, in accordance with legal provisions and without any additional payment, warrants the customer against any non-conformities due to a design or manufacturing defect affecting the ordered Products.
To exercise his rights, the customer must inform the seller of any non-conformities by letter or email within 14 days of receipt of the Products.
The seller shall refund or rectify or have rectified (where possible) any Products deemed defective as soon as possible. The refund shall be credited to the customer's bank or issued by bank cheque made out to the customer.
The seller's warranty is limited to the refund of Products paid by the customer. The seller may not be held liable for any delays or failures to perform due to a force majeure event recognized by French law.
Products supplied via the seller's Website comply with regulations in force in France. The seller may not be held liable for non-respect of the legislation in force in the country to which the Products are supplied; this must be verified by the customer, who is solely responsible for the ordered Products.
ARTICLE 9 – Data Protection
By virtue of the French law 78-17 of January 6th, 1978, personal data requested from the customer is required, in particular, to process his order and draw up the corresponding invoice.
This data may be issued to partners of the seller in charge of order performance, processing, management and payment.
All personal information issued via the Website is declared to the CNIL (French Data Protection Authority).
In accordance with French and European laws, customers have the right to access, rectify and oppose personal data relating to them at any time.
This right can be exercised in accordance with the terms and conditions defined on the Website.
ARTICLE 10 – Intellectual property
The Website content is the property of the seller and its partners and is protected by French and international laws relative to intellectual property.
The whole or partial reproduction of this content is strictly prohibited and likely to constitute a patent infringement.
Moreover, all intellectual property rights relating to photos, presentations, studies, drawings, models, etc. relating (even at the customer's request) to the supply of Products to the customer, shall remain the seller's property. The customer therefore undertakes not to reproduce or use the aforesaid studies, drawings, models, etc. without the seller's express prior written authorization, which may be associated with a financial contribution.
ARTICLE 11 – Lack of foresight
These GTC expressly exclude legal provisions relating to lack of foresight in relation to purchase orders as stipulated in article 1195 of the French Civil Code. The seller and customer therefore agree not to avail themselves of the provisions of article 1195 of the French Civil Code relating to lack of foresight and undertake to perform their obligations even in the event of disturbances to the contract due to circumstances unforeseeable when the sale was concluded, even if the execution of the aforesaid obligations is excessively costly, and to bear all associated economic and financial consequences.
ARTICLE 12 – Forced enforcement
Notwithstanding the provisions of article 1221 of the French Civil Code, the Parties agree that in case of failure to perform of one of the Parties, the non-defaulting Party may not request forced enforcement.
ARTICLE 13 - Force majeure
The Parties may not be held liable in case of failure to perform or late performance of any of their obligations due to force majeure according to article 1218 of the French Civil Code.
Performance of obligations is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. As a result, the parties shall make every effort to resume normal performance of their contractual obligations once the cause of the suspension no longer applies. To this effect, the affected party shall inform the other party that they have resumed their obligations by registered letter or other extrajudicial document. If the suspension becomes definitive or exceeds 30 days, the sales agreement shall be purely and simply cancelled in accordance with the provisions of the article "Contract termination".
ARTICLE 14 – Contract termination
It is expressly agreed that the parties may terminate this contract without notice or formalities in case of force majeure.
ARTICLE 15 – Applicable law - Language
These GTC and the associated operations are governed by French law.
These GTC are written in French. In case of translation into one or several foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 16 - Disputes
ANY DISPUTES THAT MAY ARISE FROM BUYING AND SELLING OPERATIONS IN THE FRAMEWORK OF THESE GENERAL TERMS & CONDITIONS OF SALE, RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE, TERMINATION OR CONSEQUENCES OF THESE GENERAL TERMS & CONDITIONS OF SALE, NOT SETTLED AMICABLY BY THE SELLER AND CUSTOMER, SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The customer is informed that he may, in any event, have recourse to conventional mediation, in particular by the "Commission de la médiation de la consommation" (C. consom. art. L 612-1) or other existing mediation bodies, or any other means of dispute settlement (e.g. conciliation) in case of a dispute.
ARTICLE 17 – Precontractual information – Acceptance by the customer
The customer recognizes that these GTC and all information listed in article L. 221-5 of the French Consumer Code, in particular the following information, was made available to him in a legible and comprehensible form prior to issuing the purchase order and entering into the contract:
- The essential characteristics of the wines and Products, taking into account the communication medium used.
- The price of Services and associated fees (e.g. delivery).
- The date on which the seller undertakes to supply the ordered products if the contract is not performed immediately.
- Information relative to the seller's identity, his address, telephone and email and his activities, if applicable.
- Information relative to legal and contractual warranties and their application.
- Functionalities of digital content and, if applicable, its interoperability.
- Possibility of recourse to conventional mediation in case of dispute.
- Information relative to right of withdrawal (existence, conditions, deadline, procedures for exercising this right and standard withdrawal form), termination procedures and other important contractual terms and conditions.
- Accepted payment methods.
- Photographs used to illustrate products are non-contractual.
The customer expressly recognizes that orders issued by physical persons (or entities) via the Website imply full consent and agreement to these GTC and obligation to pay for the ordered Products. In particular, the customer undertakes not to prevail himself of any contradictory document, which would be unenforceable against the seller.
PHOTO CREDITS: Denis Faravel. Photographs used to illustrate products are non-contractual.
WEBSITE CREDITS: Design, visual identity, graphic charter & multimedia content.
23 Rue de la Franchise, 33000 BORDEAUX
Tel. +33(0)5 32 09 07 93