These General Conditions of Sale (GCS) are concluded between:
On the one hand, GFA Domaine Pichard, 65700 Soublecause, France, having a share capital of €160,071.47, registered under the number 433 992 179 00013, referred to below as ‘the Seller’ or ‘the Company’.
Tel: + 33 (0)5 62 96 35 73
On the other hand, the individual or legal entity purchasing products or services from the company, referred to below as ‘the Buyer’ or ‘the Customer’.
It has been agreed as follows:
The Seller is a producer of Wines, marketed either directly or through the website:
. The list and description of the goods and services offered by the Company can be found on the above website.
Article 1: Purpose
These General Conditions of Sale (GCS) define the rights and obligations of the parties for online sales of Products and Services offered by the Seller via the website, which is referred to below as ‘the website’.
Article 2: General provisions
These GCS apply to all sales of Products made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these GCS at any time by publishing a new version on its website. The applicable GCS are those in force on the date of payment of the order. These GCS can be consulted on the Company’s website. The Company also ensures that they are clearly and unreservedly accepted by including a check box and a validation click on the webpage. The Customer declares that he has read all of these General Conditions of Sale and, where applicable, the Specific Conditions of Sale associated with a product or service and that he accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. The Customer declares that he is able to legally contract under French law or that he validly represents the individual or legal entity for whom or which he is committing himself. Unless proven otherwise, the information recorded by the Company constitutes the proof of all transactions.
Article 3: Products and services
The essential characteristics of the products and services and their respective prices are provided to the buyer on the Company’s website in French and English.
The parties agree that the illustrations or photos of the products offered for sale do not have any contractual value.
Article 4: Price and geographical restriction
The prices of the products sold through the website are stated in Euros, VAT included, and are specified in detail on the Product description pages. The VAT-included prices are also stated on the product order page. These prices do not include the specific costs of processing the order and delivery. The amount of the costs will be calculated and indicated before any order is validated on the website.
Orders placed on the website are valid only for delivery in mainland France. For Corsica, French overseas departments and territories and deliveries outside France, please contact the Company.
The Company reserves the right to change its prices at any time in the future. The products will be invoiced on the basis of the price that applies at the time the order is validated, subject to availability.
Article 5: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product offered by the Seller in order to complete his order. However, the steps described below are standard:
Information on the essential characteristics of the Product
Choice of the Product and its options, if any
Summary of the shopping cart with possibility of modification
Acceptance of these General Conditions of Sale
Provision of the Customer’s essential information (identification, address, etc)
Calculation of delivery costs
Choice of payment method, checking payment instructions and payment of the products.
The ‘Pay now’ button implies validation of the order, acceptance of the GCS and validates the payment.
Delivery of the products after acceptance of payment.
The Customer will then receive an email acknowledging receipt of and confirming the order. For products that are to be delivered, the delivery will be made to the address supplied by the Customer. For the purposes of proper completion of the order and in accordance with Art. 1316-1 of the (French) Civil Code, the Customer undertakes to provide true identification information.
The Seller reserves the right to refuse an order, for example any abnormal request, an order placed in bad faith or for any legitimate reason (previous unpaid invoices, in particular).
This contractual information is presented in detail and in French.
Article 6: Retention-of-title clause
The products remain the property of the Company until full payment of the price.
Article 7: Delivery terms
The delivery times apply from the receipt of payment (for payments by cheque or bank transfer) or the receipt of authorisation from the payment centres (credit card).
The products are delivered to the delivery address that was supplied at the time of the order.
The average delivery time is eight days. They may be longer during busy periods (eg, Christmas and New Year). Delays do not entitle the customer to claim damages and interest. The Seller provides a telephone contact number that is included in the order confirmation email in order to ensure the monitoring of an order.
The Seller notes that the risks of loss or damage to the products are transferred to the Customer when he takes physical possession of the products. It is the Customer’s responsibility to check the condition of the packages in the presence of the delivery person and notify the carrier of any reservations in relation to the product delivered on the delivery slip before signing. He is also requested to confirm his reservations by registered letter to the carrier with a copy to the Company. The absence of reservations extinguishes all claims.
Article 8: Availability and presentation
Orders will be processed within the limits of our available stocks. If an item is unavailable, the customer will be informed, within three days, of the foreseeable delivery times and the order for the item can, on request, be cancelled. The Customer can then request a credit note for the price of the item or a refund.
Article 9: Payment
Payment is due immediately at the time of ordering. The Customer may pay by credit card or cheque.
Secure online payment by credit card is carried out by our payment service provider Stripe (or Lyra). The information transmitted is encrypted according to standard industry practices and cannot be read during transmission via the network. Stripe or Lyra are certified as a level 1 PCI service provider, the highest level of security in the payment industry.
Once the payment has been initiated by the Customer, the transaction is immediately debited, after verification of the information. In accordance with Art. L.132-2 of the (French) Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount of the price as stated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error or if it is impossible to debit the card, the Sale is immediately and automatically terminated and the order cancelled.
If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco. The cheque is cashed on receipt and the order will be processed and dispatched only once the cheque has been cleared. The same applies to the order processing time in the event of a payment by bank transfer.
Article 10: Period in which to withdraw
Pursuant to Art. L.121-20 of the (French) Consumer Code, consumers have a period of fourteen clear days from receipt of an order in which they can exercise their right to withdraw without having to provide reasons or pay any penalties except, if applicable, the cost of returning the item.
The right to withdraw can be exercised by contacting the Company as follows:
- by email to or via the contact form on the website.
EXCEPTIONS TO THE RIGHT TO WITHDRAW
Pursuant to Art. L.121-21-8 of the Consumer Code, the right to withdraw does not apply to:
The supply of goods made according to consumer specifications or clearly personalized.
The supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for hygiene or health protection reasons.
If the right to withdraw is exercised within the period referred to above, only the price of the product or products purchased and the delivery costs will be refunded, the return costs remaining the responsibility of the Customer.
The products must be returned in their original condition and complete (packaging, accessories, instructions, etc). If possible, they must be accompanied by a copy of the proof of purchase. The customer may be liable for his acts as any damage to the product at such time may prevent the application of the right to withdraw.
In accordance with the law, you will find the standard withdrawal form here, to be sent to us at the following address: Domaine Pichard, 65700 Soublecause, France.
Reimbursement procedure: the Company will reimburse the sums paid within 14 days following notification of your request and after receipt of the proof of dispatch of the goods by the customer.
Article 11: Warranties
In accordance with the law, the Seller assumes two warranties: conformity and that which relates to hidden defects in the products. The Seller will refund the buyer or exchange products that are apparently defective or that do not correspond to the order placed. The request for a refund or exchange must be made in the following manner, by:
email to email@example.com or via the contact form on the website
letter to be sent to Domaine Pichard, 65700 Soublecause, France
Article 12: Complaints
If applicable, the Buyer may submit any complaint by contacting the company at the following address: Domaine Pichard, 65700 Soublecause, France
Article 13: Force majeure
The performance of the seller’s obligations herein is suspended if an act of God or force majeure event occurs preventing their performance. The seller will inform the customer of the occurrence of any such event as soon as possible.
Article 14: Nullity and modification of the contract
If any of the provision in this contract are cancelled, such nullity does not entail the nullity of the other provisions, which will remain applicable between the parties. Any contractual modification is valid only following a written and signed agreement between the parties.
MINORS: We remind you that minors do not have the legal capacity to conclude contracts without the agreement of their legal representative. Similarly, in accordance with Art. L.3342-1 of the (French) Public Health Code, the sale of alcoholic beverages to minors is strictly prohibited. By ordering boxes containing alcohol, the buyer undertakes that he is an adult.
Article 15: Limitation of liability clause
The liability of the company GFA Domaine Pichard pursuant to the terms of these General Conditions of Sale cannot, under any circumstances, be joint and several and cannot exceed a sum equal to the sums paid or payable
at the time of the transaction at the origin of the said liability, whatever the cause or form of the claim in question.
Article 16: Applicable law
All of the clauses contained in these general conditions of sale and all of the purchase and sale transactions referred to therein will be subject to French law.
Any dispute relating to the application of these General Conditions of Sale and, more generally, any dispute between the Company and its customers, even in the event of a warranty claim or multiple defendants, will fall within the jurisdiction of the courts in Auch.