Terms and conditions
1. Object – Scope
These general conditions of sale (hereinafter, the "General Conditions of Sale") govern the contractual relationship between, on the one hand, SARL Domaine F.JAUBERT, with variable share capital, registered in the trade and companies register of Perpignan under number 401 819 354 RCS PERPIGNAN, whose head office is located: 3 rue de la Tramontane, 66300 PONTEILLA (hereinafter "DOMAINE F.JAUBERT") and, on the other hand, each of its individual customers ( hereinafter the “Customer”) placing an order via the website www.fjaubert.fr (hereinafter the “Website”).
The General Conditions of Sale being subject to modification at any time and without notice, those applicable are those in force on the day the order is placed by the Customer.
These General Conditions of Sale are accessible via the hypertext link located at the bottom of each page of the Website.
The fact that the Customer places an order on the Website implies the Customer's full and unreserved acceptance of these General Terms and Conditions of Sale. Its execution is subject to its acceptance by DOMAINE F.JAUBERT and subject to the availability of the Products.
2.1. Sale of alcoholic beverages
In accordance with article L.3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited.
All the offers present on the Website are therefore reserved for adults of eighteen (18) years of age, having full legal capacity.
By placing an order on the Website, the Customer declares and guarantees that he is of legal age and has full legal capacity to conclude a sales contract with DOMAINE F.JAUBERT.
It is also recalled that alcohol abuse is dangerous for health and that alcohol should be consumed in moderation. For information adapted to the health of each Customer, DOMAINE F.JAUBERT advises to contact his doctor.
2.2. Product Features
The products presented on the Website (hereinafter the “Products”) contain a description putting the Customer in a position to know their essential characteristics and their price.
DOMAINE F.JAUBERT will ensure the updating of the information disseminated therein in the best possible conditions.
The photos and visuals of the Products are communicated for illustrative purposes: a minimal variation in the presentation and/or packaging may occur, without this affecting the Product itself.
DOMAINE F.JAUBERT reserves the right to refuse any order for legitimate reasons and in particular in the event of a dispute with the Customer over the payment of a previous order, fraudulent payment or attempted payment or even an abnormal request from the Customer.
2.3. Product Availability
Product offers are valid within the limits of available stocks.
In case of unavailability of a Product after validation of the order, the Customer will be informed by email or telephone as soon as possible and may, at his option, opt for:
- another Product. If the price of this Product is higher, he will be asked to pay the difference. If the price is lower, the balance will be refunded or will be the subject of a credit note, if the Customer accepts it; Or
- reimbursement of the unavailable Product. With the Customer's express agreement and provided that this does not entail any additional costs, DOMAINE F.JAUBERT may also issue a credit note to be applied to a future order. In the absence of express agreement from the Customer on the issuance of a credit note, it will be fully refunded.
3.1. Order process The Customer can freely consult the Product catalog and fill his basket on the Site. In order to place an order, the Customer must follow the process in force on the Site. Placing an order assumes that the Customer provides all the information requested (surname, first name, complete delivery address, complete billing address, telephone number, e-mail address). The recording of this data allows the identification of the Customer and the processing of his order. Consequently, the Customer agrees to complete this form completely and in good faith and to provide only accurate information. DOMAINE F.JAUBERT reserves the right, without notice, to cancel or refuse any order and/or to permanently remove access to the Site to the Customer who has provided information that is incomplete, inaccurate or likely to create any risk whatsoever for DOMAINE F.JAUBERT.
3.2. Content - Quantity To be valid, the order must include all the required information, in particular: - the complete identification of the Customer (cf. 3.1) and in particular the Customer's e-mail address to which the order confirmation will be sent, in particular ; - the precise identification of the Products selected with the references indicated on the Site; - the quantities requested, it being specified that:
ï The minimum volume of an order is bottles.
ï The control unit consists of 3 bottles.
3.3. Placement of the order online : The fact for the Customer to tick the box "I have read the general conditions of sale and I accept them" before validating his order automatically entails the express acceptance by him and without restriction. nor reservation of these general conditions of sale. The Customer acknowledges, by this act, to have read and understood the present general conditions and to accept them.
3.4. Methods of payment The Customer pays for his order: - Either by online credit card (credit card, Visa card, Eurocard Mastercard). Payment will be made by SSL protocol.
3.5. Validity All orders only become final and are recorded by DOMAINE F.JAUBERT: - in the event of payment by bank card: only when the central bank card network has given its agreement to payment.
3.6. Date of the order: the order is considered to have been placed on the date of payment, i.e. on the day of receipt of the funds by DOMAINE F.JAUBERT. The deadlines indicated on the Site only run from the date of the order thus defined. The availability of a Product may change until the order date thus defined.
3.7. Confirmation After registration, and within the limits of available stocks, all orders give rise to written confirmation from DOMAINE F.JAUBERT to the e-mail address provided by the Customer. All the consequences of the indication of an erroneous or false address are the sole responsibility of the Customer.
3.8. Refusal of order Even after the confirmation referred to in article 2.8, in accordance with the provisions of article L 122-1 of the Consumer Code, DOMAINE F.JAUBERT reserves the right to refuse the order if it is abnormal, passed from bad faith or for any other legitimate reason and, in particular, when there is a dispute with the Customer concerned.
4. Delivery and receipt of Products
The delivery of the Products will be made to the address indicated by the Customer, only in Metropolitan France. The Customer is solely responsible for the accuracy of the contact details that he communicates to DOMAINE F.JAUBERT so that in the event of an error, DOMAINE F.JAUBERT cannot be held responsible for the absence of delivery of the Product. The costs related to a new delivery will be borne by the Customer.
It will be carried out by our various partners.
Delivery costs vary according to the number of boxes ordered by the Customer and the weight of the Products ordered and will be displayed when ordering.
It is up to the Customer to check with the competent local authorities the possibilities of importing and/or consuming the Products he wishes to order.
The maximum delivery time is 10 working days from the order confirmation of the Product, unless otherwise specified to the Customer before placing the order and prior to its final validation.
All deliveries are made within the deadlines indicated at the time of the Order.
In accordance with the legal provisions, in the event of late delivery, the Customer has the right to terminate the contract according to the terms and conditions indicated in article L.138-2 of the Consumer Code.
DOMAINE F.JAUBERT may proceed to a partial delivery of an order. The Customer will be informed by e-mail of the delivery dates.
Without prejudice to the rights available to the Customer under the guarantee of conformity and the right of withdrawal, it is the Customer's responsibility to check, upon delivery, the good condition of the package(s) and to make any reservations and complaints that appear justified. on the delivery note. The said reservations and complaints must be confirmed, within three (3) days of delivery, by post or email to DOMAINE F.JAUBERT.
5. Right of withdrawal
5.1. Deadline and terms of the right of withdrawal
In accordance with the provisions of Article L 121-21-2° of the Consumer Code, the Customer has a period of 14 (fourteen) days from receipt of the Products to exercise his right of withdrawal, without having to give reasons or pay penalties. The Customer who decides to exercise his right of withdrawal, when this is possible, must do so by means of an unambiguous written declaration expressing his wish to withdraw before the expiry of the period provided for above, in accordance with the provisions of article L. 121-21-2 of the consumer code.
The Customer must return the Product(s) concerned within a maximum period of fourteen (14) days from the communication by the Customer of his decision to withdraw. In accordance with article L.221-23 of the Consumer Code, the costs of returning the Products will remain the responsibility of the Customer, except in the event of a lack of conformity. The Products must be returned accompanied by the delivery note, in their packaging, in perfect condition.
5.2. Reimbursement by DOMAINE F.JAUBERT
In the event of depreciation of the Product resulting from manipulations other than those necessary to establish the nature and characteristics of the Product, the Customer's liability may be incurred.
If the Products can be the subject of the right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in article 5.1 in terms of deadlines and methods, may obtain a refund equal to the totality of the sums paid (c i.e. the purchase price of the returned Product(s) as well as any Order delivery costs, with the exception of additional costs resulting from the choice of a delivery method other than the least expensive standard delivery method offered by DOMAINE F.JAUBERT.
Except with the express agreement of the Customer and provided that this does not incur any costs payable by the latter, the reimbursement will be made by the same means of payment as that used by the Customer for the initial transaction. The refund will be made immediately after receipt of the Products or receipt of proof of shipment of the Product.
The applicable prices are those in force at the time of the Customer's order, as displayed on the Website, to which should be added the applicable delivery costs. They are expressed in euros all taxes included and take into account the VAT applicable on the day of the order. Any change in the VAT rate may be passed on to the prices of the Products. DOMAINE F.JAUBERT reserves the right to modify its prices at any time, without notice, it being specified that the Products will be invoiced on the basis of the prices indicated at the time of the validation of the order except manifest error of typography on the Website ( such as an abnormally low or abnormally high price).
Orders are payable by credit card directly on the Website at the time of the order.
Orders must be paid in full. No deduction of special discounts or coupons that the Customer would not have mentioned when ordering is possible. Compensation is only possible in the case of a credit note approved by DOMAINE F.JAUBERT and registered in the Customer's account on the date of payment.
All Products benefit from the legal guarantees provided for by articles 1641 and following of the Civil Code (guarantee of hidden defects) and articles L.217-4 and following of the Consumer Code (guarantee of conformity).
When the Customer acts as a legal guarantee of conformity:
- He has a period of two (2) years from the delivery of the Product to act;
- He is free to choose between the replacement of the non-compliant Product or its reimbursement subject to certain cost conditions provided for in Article
L.217-9 of the Consumer Code;
- It is exempted from providing proof of the lack of conformity of the Product for a period of twenty-four (24) months following the delivery of the said Product. The legal guarantee of conformity applies independently of any commercial guarantee, which may be granted to the Customer. The Customer is entitled to implement the warranty for hidden defects of the Product within the meaning of article 1641 of the Civil Code. In case of implementation of such a guarantee, he is free to choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In the event of a defect or non-compliance, the Customer may contact DOMAINE F.JAUBERT's customer service department (see article 10).
The Products must be returned to DOMAINE F.JAUBERT in the state in which the Customer received them with all the elements in packaging allowing transport in good conditions, accompanied by the purchase invoice.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents by the Customer.
DOMAINE F.JAUBERT will verify the alleged defect and it will be up to him, if necessary, to demonstrate the absence of lack of conformity, if this is raised within two (2) years following the delivery of the Product.
The warranty only covers the conformity of the Products and hidden defects but does not cover normal wear and tear of the Product, misuse of the Product by the Customer, negligence of the Customer, etc.
In the event of the return of a Product found to be non-defective, the reasonable costs of transport, administrative processing and tests may be invoiced to the Customer, before the Product is returned.
9. Responsibility for the Website
DOMAINE F.JAUBERT cannot be held liable in the event of inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion, the presence of computer viruses, the fraudulent use of the Bank card.
10. After-sales service
For any question relating to the execution of the contract, a customer service department is available to the Customer:
- By email: email@example.com
- By phone: 06.33.71.71.02;
- By mail: DOMAINE F.JAUBERT - 3 rue de la Tramontane - 66300 PONTEILLA
DOMAINE F.JAUBERT collects personal data on Customers who connect to the Website.
The personal or nominative data collected is necessary for the use of the services offered on the site and/or for the management of your order.
All of the data collected will be processed in accordance with Law No. 78-17 of January 6, 1978 known as "IT and Freedoms", amended by Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Regulation on data protection (RGPD), you have rights of access, interrogation and a right of rectification, updating, deletion of all data concerning you which is inaccurate, incomplete, ambiguous or outdated, or whose collection would be prohibited, as well as a right of opposition under Article 21 of Regulation 2016/679, or opposition to the use of data for prospecting purposes, in particular commercial, to the limitation of processing when you have objected to it, when you dispute the accuracy of the data, when the processing is unlawful or when you need it for the recognition, exercise or defense of your rights in court.
You also have the right to the portability of the data declared actively and consciously when creating your account as well as all the data generated by the activity of your loyalty account.
Data retention period
- Identification data (name, e-mail address, etc.): 3 years from the last date of connection to the Site
- Order data: 3 years from the date of Your order
- Prospect data: 2 years after the date of the last activity on the Site
12. Applicable law
These general conditions of sale are subject to French law. All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between DOMAINE F.JAUBERT and the Customer will be submitted to the competent courts under the conditions of common law. The Client is informed that he may in any event resort to conventional mediation, in particular through the "Online Dispute Resolution" (RLL) platform accessible at the following address http://ec.europa .eu/consumers/odr/ or with existing sectoral mediation bodies, the references of which appear below, or with any alternative dispute resolution method (conciliation, for example) in the event of a dispute.