Effective from 01/01/2023
ARTICLE 1 – Field of application
These General Terms and Conditions of Sale (the “GTCS”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on (“The Site”) https://andre-delorme.com/ . The purpose of the Site is :
- to market all food, consumer goods, equipment and beverages, whether alcoholic or not,
- to provide information about all of the Company’s activities,
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Site, which the customer is obliged to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.
These GTC are accessible at any time on the Site and shall prevail over any other document.
The Customer declares that he/she has read these GTC and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the Site.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
SAS Maison des Grands Crus
3 Rue des Lavières. 21190 Saint-Aubin
S.A.S with a capital of 602200 €
Registered at the R.C.S. Dijon 39511547
Email : firstname.lastname@example.org
Phone : +33 (0)3 85 87 10 12
The Products presented on the site are available for sale in the following territories:
In the case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories, the price will be calculated before tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be charged. They shall be at the expense and under the sole responsibility of the Customer.
ARTICLE 2 – Prices
The Products are supplied at the prices in force on the site at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select the Products he/she wishes to order on the Site, according to the following procedures:
The Customer chooses a product which he puts in his cart, a product which he can delete or modify before validating his order and accepting the present general conditions of sale. They will then enter their details or log in to their space and choose the delivery method. After validation of the information, the order will be considered complete and will require payment from the customer according to the terms and conditions.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer’s responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer can follow the progress of his order on the site.
ARTICLE 3 Bis – Customer online space – Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, the customer must register by filling out the form that will be offered at the time of his order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.
The Customer is responsible for updating the information provided. The customer is informed that he/she can change them by logging in to his/her account.
To access his personal space and order history, the Customer must identify himself using his user name and password which will be communicated to him after his registration and which are strictly personal. In this respect, the Client shall refrain from any disclosure. If this is not the case, he/she will remain solely responsible for the use that is made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: email@example.com. This will be effective within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the Site shall have the possibility of suspending or even closing a customer’s account after formal notice has been sent by electronic means and remained without effect.
Any deletion of an account, for whatever reason, will result in the deletion of all personal information of the Customer.
The Seller shall not be liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 – Payment conditions
The price is paid by secure payment, as follows:
- credit card payment
The price is to be payed in cash by the Customer, in full, on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions on the site.
Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the conditions above.
ARTICLE 5 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France
Deliveries are made within 7 days to the address indicated by the Customer when ordering on the site.
Delivery is the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the ordered Products have not been delivered within a period of 30 Days after the indicative delivery date, for any other reason than force majeure or the fact of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has himself called upon a carrier that he chooses, delivery shall be deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
The Customer is obliged to check the condition of the products delivered. The customer has a period of 14 days from the date of delivery to make complaints by post or e-mail, accompanied by all relevant evidence (including photographs). After this period and in the absence of compliance with these formalities, the Products shall be deemed to be in conformity and free of any apparent defect and no claim may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller’s risk, except when the Customer has chosen the carrier himself. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
ARTICLE 7 – Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code “For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good.“
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The cost of returning the goods shall be born by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of the Seller’s receipt of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – Seller liability – Guarantees
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, spoiled or damaged Products or Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
“The seller is obliged to deliver goods 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 any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217-5 of the French Consumer Code
“The property is in conformity with the contract:
1° Whether it is fit for the use normally expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L217-12 of the French Consumer Code
“The action resulting from the lack of conformity shall be barred after two years from the date of delivery of the goods.”
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.”
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the French Consumer Code.
“When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for service or from the time the goods in question are made available for repair, if this is after the request for service.”
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects as of their discovery.
The Seller will refund, replace or repair Products or parts under warranty found to be non-conforming or defective.
Shipping costs will be refunded on the basis of the invoiced rate and return shipping costs will be refunded upon presentation of the relevant receipts.
Refunds, replacements or repairs of Products found to be non-conforming or defective will be made as soon as possible and at the latest within 30 days of the Seller’s finding of the lack of conformity or hidden defect. This refund can be made by bank transfer or cheque.
The Seller cannot be held responsible in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller’s guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 9 – Personnal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.
9.1 Collection of personal data
The personal data that are collected on the Site are the following:
When creating the Client/User account :
Names, first names, postal address, telephone number and e-mail address.
When paying for the Products offered on the Site, the Site records financial data relating to the Customer’s bank account or credit card.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is/are :
- Transport service providers
- Payment institution providers
9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Restriction of treatment
Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.
9.5 Duration of data storage
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Client and user rights
In application of the regulations applicable to personal data, Customers and users of the Site have the following rights:
- They can update or delete their data in the following ways:
By post, email or from its online space.
- They can delete their account by writing to the e-mail address indicated in article 9.3 “Data controller”.
- They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 “Data controller”.
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller”.
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data controller”.
- They may also request the portability of data held by the Seller to another provider.
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
If the Customer’s request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he/she agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 – Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
ARTICLE 11 – Applicable law – Language
These GTC and the operations arising from them are governed by and subject to French law.
These GTC are written in French. In the case of translation into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact the customer service department at the Seller’s postal or e-mail address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is
National Association of Ombudsmen (NAM)
2 rue de colmar, 94300 vincennes
E-mail : firstname.lastname@example.org.
The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation shall be submitted to the competent courts under the conditions of common law.