General sale conditions

ARTICLE 1: GENERAL SALE CONDITIONS FIELD OF APPLICATION

The present sale conditions apply, without restriction or reserve, to all our sales made by clients not intending our goods for professional usage.

The sale is considered concluded from the date of our confirmation of the order. Prior to this date, the present sale conditions have been provided to the buyer, in accordance with the article Law 113-3 from the Consumers’ Code.

All orders imply unreserved acceptance of the present general sales conditions which prevail over all other conditions, with the exception of those that were the subject of a written agreement.

The company reserves the possibility to modify the present general sales conditions at any moment. Those applicable will be those in effect on the website during the order confirmation by the customer.

 

ARTICLE 2: ORDER – WITHDRAWAL

The sale of alcohol is strictly forbidden to any person under the age of 18. Minors under the age of eighteen (18) cannot order alcoholic drinks on our website. 

The customer selects the products that he wishes to order in the online boutique and adds the quantities required in his basket. To finalize the order, it is necessary to enroll through creating an account or connecting with an existing account if applicable. He or She will enter the relevant data for the delivery, the invoice and the payment.

It is the customer’s responsibility to check the accuracy of the information transferred onto the order confirmation. The company cannot be held responsible for an error confirmed by the customer. The automated system for order registration is considered to be proof of the nature, content and date of the order.

The customer acknowledges that the agreement concerning the present general sales conditions does not require a hand-written signature. In accordance with the law of the 13th of March 2000 on electronic signatures, all order forms signed by the customer by ‘double clicking’ is an irreversible acceptance that cannot be challenged. However, the customer is asked to accept our general sales conditions by ticking a box. The customer will finalize his order by ticking this box and by clicking on the ‘proceed to payment’ button. The customer declares to possess full legal capacity to engage in the terms of the aforementioned contract.

The company reserves the right to modify its prices at any moment but it commits to applying the applicable prices which would have been indicated when the order was placed, subject to availability at that date. The prices listed on the website are shown in euros and are including all taxes (VAT included). 

For all orders subject to a sales offer by mail order, the buyer exercises the right to a withdrawal period of 14 days from the day after reception of the goods. His intent should be put into writing via a registered letter with a signature upon delivery. A standard withdrawal form is sent to the buyer by an order confirmation email. Once the request has been confirmed, the client has a further 14 days to return the goods to us. The right to withdrawal only applies to uncorked products. The return postage costs are at the customer’s charge. The reimbursement is withheld until the reception date of all the goods or proof that the goods have been returned.

 

ARTICLE 3: DELIVERY DATES

We guarantee deliveries within a maximum period of 15 days for a price of 20 € (VAT Included) for all orders under 150 €. Over 150 € the delivery is free of charge.

The Irouleguy wine cellar will not be held responsible for a failed delivery time if the non-implementation or the fault is attributed to the customer, due to an unforeseeable reason from a third party in the contract, or in an emergency situation.

The delivery date marked on the order form is given as a guide and not guaranteed. Goods received after the due date cannot be the cause of a sale cancellation or a delivery refusal by the buyer. Furthermore there will be no entitlement to hold back the order, a late payment fine or compensation fee. The previous dispositions are not exclusively from the application of article Law 114-1 from the Consumers’ Code. The mentioned article states: « For all contracts whose object is the sale of a personal possession or a service provided to a consumer, when the delivery of the possession or service provided is not immediate and if the agreed price exceeds the fixed regulation levels, the professional should indicate the final date with which he commits to deliver the goods or provide the service (limit fixed at 500 euros by the decree n°2001-95 on the 2nd of February 2001, 1st and 7th articles). The consumer can report the contract of a personal possession or a service provider by registered letter with signature in the case of an overdue delivery date for the goods or if the service provided exceeded seven days and not due to a case of force majeure. » In any event, delivery within the due period can only take place if the buyer is up to date with all his obligations towards the seller.

 

ARTICLE 4: TRANSPORT AND RECEPTION OF PRODUCTS

Upon reception the buyer should check, during the removal from our warehouses or shops or upon reception in their property in each case the conformity of the products delivered to the products ordered and the absence of visible damage. This control should focus notably on the references, the quantities, and the quality of the goods as well as their conformity in relation to the order form.

In the case of apparent damage or non-conformity between the products delivered and the products received by the buyer on the delivery day, we are obliged to replace the products delivered by products identical to the order.

In the case of impossibility to replace the goods identically, the buyer will have the choice between a reimbursement of the concerned products or their replacement with products of equivalent quality. This guarantee doesn’t cover defects caused by their use or incorrect storage. The charges for collection and delivery of the new products are entirely at our cost.

 

ARTICLE 5: PRICE – PAYMENT

5-1 Price. Apart from particular conditions expressed specifically to sales, the price of products sold are those displayed at the tariff applicable on the day of the order. These prices are firm and definitive on the date ordered. They are displayed in legal currency.

5-2 Payment Methods. Except for other methods allowed specifically under specific special conditions, the sale price is payable when ordering:

- By bank card: The payment is made in a secure way via the payment platform of the Société Générale bank. The customer is automatically redirected towards the secure bank platform of his or her bank. The bank card data travels encoded, guaranteeing the confidentiality of transfers.

- By cheque: the cheque should be sent by mail, made payable to Irouleguy Distribution.

The delivery can only be made once the total amount due (including VAT) from the customer is paid in. An invoice will be sent to the invoice address given by the customer.

 

ARTICLE 6: OWNERSHIP RESERVE

The products are sold subject to ownership. We withhold ownership of the products until full and real payment of the price in principal and interest by the buyer. The full and real price extends to the cashing of cheques and bills of exchange. Up to this date, the clause ownership reserve conserves its full right.

The goods delivered and unpaid should be returned by the buyer. Non-payment of the price at the agreed date and 48 hours after a formal warning, we can reclaim the goods and the sale will be concluded as by right. The amounts paid will be acquired as compensation.

The present ownership reserve clause does not impede a transfer from the risks of the products sold when delivered. The buyer engages until full payment of the price with the sanction of immediate claim of our products to not transform or mix the products, or to resell them or to pawn them.

 

ARTICLE 7: GUARANTEE – REMPLACEMENT – RESPONSABILITY

The products sold are covered by the legal guarantee of hidden defects as described in the article 1641 of the Civil Code. The mentioned article states « The Seller is held to the guarantee because there are hidden defects in the item sold which make it unfit for its destined use, or which notably reduces this usage, so that the buyer would not have acquired it, or would have given it for a lower price, if they had been known. »

In compliance with the article 1644 from the Civil Code, the buyer has the choice to return the item and to be reimbursed or to keep it and be reimbursed a part of the price as judged by experts.

We cannot be held responsible for compensation, whatever the case, if rising from an incorrect usage of our products.

 

ARTICLE 8: CLAIMS – RELEVANT JURISDICTION

All sales that we conclude are subject to French law. This is considered so for the base rules as for the procedure rules.

 

Updated: 16th of November 2017.

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