Preamble
The present general conditions of sale are concluded:
BETWEEN :
SAS Roseline Diffusion, headquartered in LES ARCS SUR ARGENS (Var), Château Sainte Roseline AND Persons wishing to make a purchase either by mail order or via the website of Château Sainte Roseline, hereinafter referred to as the Purchaser, ON THE OTHER HAND.
1. Designation of the seller
This website www.boutique-sainteroseline.com is published by SAS Roseline Diffusion whose registered office is located at Château Sainte Roseline – 83460 Les Arcs sur Argens
Tel: 04.94.94.99.50.30 – Fax: 04.94.47.53.06
EMail: contact@sainte-roseline.com / www.sainte-roseline.com
Siret N°: 420 631 566 000 15 – APE : 4634Z
Excise duty number: FR 099443 E 3086 – Intracommunity VAT number: FR 79 420 631 566
Bank direct debit: CA IS VAROIS
2. Application of the GTCs
2.1. Purpose of the GTCs
The T&Cs are applicable exclusively to the online sale of SAS Roseline Diffusion products on the website www.boutique-sainteroseline.com, which is freely accessible to all Internet users.
2.2. Scope of the GTCs
The T&Cs exclusively govern the online sales contracts for the products of SAS Roseline Diffusion to buyers who are consumers (hereinafter referred to as consumers) and together with the order form constitute the contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
The GTC are exclusively applicable to products delivered to consumers established in metropolitan France.
The GTCs are drafted as well as all the contractual information mentioned on the site in French.
2.3. Availability and enforceability of the T & Cs
The GTCs are made available to consumers on the Château Sainte Roseline boutique website via the hypertext link "general conditions", where they can be directly consulted; they can also be communicated to consumers at their request by telephone, e-mail or regular mail.
The GTCs are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, that he or she has read and accepted them before placing an order.
The validation of the order by its confirmation is equivalent to the buyer acceptance of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by SAS Roseline Diffusion in accordance with article 1369-4 of the Civil Code.
2.4. Modification of the T & Cs
SAS Roseline Diffusion reserves the right to modify its General Terms and Conditions at any time.
In the event of a change in the General Terms and Conditions, these changes shall be binding from the time they are put online and shall not apply to contracts concluded subsequently. The applicable General Terms and Conditions are those in force on the date of the order.
2.5. Clauses of the GTCs
The invalidity of a contractual clause shall not entail the invalidity of the GTCs, unless it is an impulsive and decisive clause which led one of the parties to conclude the contract of sale.
The temporary or permanent inapplication of one or more clauses of the GTC by SAS Roseline Diffusion shall not constitute a waiver on its part of the other clauses of the GTC which continue to have effect.
3. Protection of minors
The buyer undertakes, by validating his order and the General Terms and Conditions of Sale, to be 18 years old on the date of the order.
4. Products – wines
4.1 Characteristics
The wines offered for sale presented on the site are each described in a description accessible on the Château Sainte Roseline site by clicking on each wine; this description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
4.2 Compliance
The products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.
4.3 Duration of the offer
The online sales offers presented on the site are valid, unless otherwise indicated, as long as the products are listed in the electronic catalogue and within the limits of available stocks.
5. Prices
5.1. Selling price
The selling price of the product is the one in force on the day of the order, and taking into account the VAT applicable on the day of the order.
In accordance with Article L. 113-13 of the French Consumer Code, the selling prices are indicated, for each of the products appearing in the electronic catalogue, in euros, all taxes included, excluding delivery and transport costs.
Delivery and transport costs will be indicated to consumers before the validation of the order and will be invoiced in addition. Information on shipping costs is available in Part 9. Delivery, 2. delivery times and costs.
The total amount due by the consumer is indicated on the order confirmation page.
5.1.1. Price change
Château Sainte Roseline reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
5.1.2. Promotional offers
In the event of a promotion, SAS Roseline Diffusion undertakes to apply the promotional price to any order placed during the promotion period.
6. To order
6.1. How to order?
6.1.1. On site on site
Choose your products, add them to the basket. Go to the shopping cart, check that the information is correct, choose your delivery method and payment method and validate. Login to your account or create one, then proceed to payment.
6.1.3. By telephone
You can reach us on 04 94 99 50 30. An advisor will take your order online.
6.2. Change of order
Any modification of the order by the buyer after confirmation of his order is subject to acceptance by SAS Roseline Diffusion.
SAS Roseline Diffusion reserves the right to make changes to the product ordered that are linked to technical developments under the conditions provided for in Article R. 132-2-1, V of the Consumer Code.
6.3. Validation of the order
SAS Roseline Diffusion reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers with the status of consumers.
Following your order on the website www.boutique-sainteroseline.com, you will receive an order confirmation by e-mail. The validation of your order by our services automatically triggers its preparation.
6.4 Unavailability of the product
If the products ordered are unavailable on delivery, SAS Roseline Diffusion immediately informs the consumer and can offer a product of equivalent quality and price.
6.5. Data Archiving
The archiving of communications and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.
These communications and invoices may be produced as proof of the contract.
7. Payment
The ordered products are payable in full at the time of order and in euros.
An invoice expressed in Euros including VAT will be issued by SAS Roseline Diffusion and sent to the customer at the billing address indicated.
In the event of non-payment or refusal of payment authorization by accredited organizations, SAS Roseline Diffusion reserves the right to refuse an order.
7.1. Means and methods of payment
Payment is made immediately upon order.
7.1.1. On site on site
Credit card
Bank transfer
7.1.2. By telephone
Card
7.2. Payment security
Bank direct debit: CA IS VAROIS
8. Retraction
8.1. Reasons for withdrawal
The buyer has a withdrawal period of fourteen (14) clear days for goods (from receipt) and services (from acceptance of the offer) to return the product to the seller. The buyer may request an exchange or refund without penalty subject to the condition of the material and its packaging, with the exception
of return shipping costs.
8.2. Withdrawal / refund procedure
In accordance with articles L.120-20 et seq. of the Consumer Code, the buyer has a withdrawal period of fourteen (14) days from the date of receipt of the products, without having to justify any reasons or pay any penalties, with the exception, where applicable, of return costs.
Complaints are only accepted within fourtenn (14) days after receipt of the goods.
To cancel his order within the fourteen (14) working days retraction period, the buyer must return the goods in their original box by notifying SAS Roseline Diffusion by post or e-mail to contact@sainte-roseline.com by returning the attached retraction form.
SAS Roseline Diffusion no longer accepts any returns one (1) month after shipment of the goods. The refund of the payment will be made as soon as possible after receipt of the returned goods.
9. Shipping & Returns
9.1. Place of delivery
Delivery in metropolitan France only. For any shipment in Europe, please contact us.
9.2. Delivery times and costs
Delivery time may vary depending on the distance, from three (3) to thirty (30) days. This depends on the delivery service provider (Transport Schenker Joyau or Alloin). SAS Roseline Diffusion is in no way responsible for delays.
By express agreement, SAS Roseline Diffusion reserves ownership of the goods delivered until full payment of the invoice, but the customer has custody of the products covered by the invoice as soon as they are made available.
Shipping costs: fifteen (15) euros for orders under 200€ and free of charge for orders over two hundred (200) euros of purchase. For any shipment in Europe, please contact us.
9.3. Delayed deliveries
A delay, even a significant one, cannot constitute an acceptable cause of refusal to deliver or an action
for damages of any kind.
9.4. Delivery terms and conditions
Our shipments are handled by external service providers, including Transport Schenker, Joyau or
Alloin.
9.5. Failure to deliver
Upon delivery, in the event of missing or damaged packages, reservations must be made on the carrier's delivery receipt and confirmed by registered letter within three (3) working days to the delivering carrier with a copy for the sender.
Our warranty is strictly limited to replacement within a normal period of time or reimbursement at our option of parts found to be defective or non-compliant, after examination by us. The possible replacement cannot in any case justify a delay or refusal to pay our invoices. Only the value of the parts found to be defective or non-compliant may be used. Any deduction made on our invoices for any reason whatsoever is deductible from our turnover and results in a proportional reduction in the
amount of VAT.
10. Management of your personal data
10.1. Data collection and use
The collection of personal data, their use for order processing and the creation of customer files and their distribution to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which is kept by the publisher solely for the purpose of proper administration of orders and commercial relations, is the subject of a declaration to the Commission nationale Informatique et Libertés.
10.2. Right of access to modify or delete your data
The consumer has the right to access, modify, rectify and delete personal data at any time.
11. Litigation management and contact
11.1. Failure to deliver
Procedure :
Upon delivery, in the event of missing or damaged packages, reservations must be made on the carrier's delivery receipt and confirmed by registered letter within three (3) working days to the delivering carrier with a copy for the sender at the following address: SAS Roseline Diffusion – 83460
LES ARCS SUR ARGENS
Our warranty is strictly limited to replacement within a normal period of time or reimbursement at our option of parts found to be defective or non-compliant, after examination by us.
The possible replacement cannot in any case justify a delay or refusal to pay our invoices. Only the value of the parts found to be defective or non-compliant may be used. Any deduction made on our invoices for any reason whatsoever is deductible from our turnover and results in a proportional reduction in the amount of VAT.
For any information, you can contact us on 04 94 99 50 36 from Monday to Friday from 8:00 to 12:30 and from 13:30 to 18:00 or send us an email at contact@sainte-roseline.com
11.2. All other disputes
All disputes shall be submitted for settlement to a court that has jurisdiction . Pursuant to Article R.631-3 of the French Consumer Code, the consumer may apply to one of the courts with territorial jurisdiction under the Code of Civil Procedure, or bring the dispute before the court of the place where the consumer lived at the time of the conclusion of the contract or before the court of the place where the harmful event occurred.
SAS Roseline Diffusion Capital 60 000€ – Siret 420 631 566 00015 – Intracommunity VAT number:
FR 79 420 631 566 – APE code: 4634Z
For any question, contact us from 9am to 6.30pm on 04 94 99 50 30. Any delivery or order confirmation implies, without reservation, acceptance of these general terms and conditions which prevail, in any case, over any contrary provisions emanating from the buyer. Any non-compatible stipulation appearing on the latter's document is presumed to be revoked by the contract that would bind it to us.
12. Guarantees
12.1 Legal guarantees
All products supplied by the professional seller benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
Under these guarantees, the professional seller undertakes, at the consumer's choice, to refund or exchange defective products or products that do not correspond to his order.
Article L211-4 French Consumer Code The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5 Consumer Code To be in conformity with the contract, the property must:
1 – Be suitable for the use usually expected of a similar good and, if applicable:
correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model have the qualities that a buyer can legitimately expect in view of public statements made by the seller, producer or his representative, in particular in advertising or labelling 2 – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article 1641 French Civil Code
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 Civil Code The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
12.2. Law applicable to guarantees
The French law applicable to the contract pursuant to Article 16 of the General Terms and Conditions may not have the effect of depriving a consumer residing in another Member State of the provisions on guarantees granted to him by its national law pursuant to Directive 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.
13. Intellectual Property
The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher, and are protected by copyright, trademark and patent law.
Any reproduction and distribution of these elements, without prior written authorization from the publisher, exposes the offenders to legal proceedings.