GENERAL TERMS AND CONDITIONS OF SALE
Definition :
The term "Client" refers to individuals of legal age. The Client qualifies as a consumer under the Consumer Code.
The term "Products" refers to all products offered for sale on the online store www.fossasicca.com
By "Site": we mean the website www.chateaudefosseseche.fr operated by the SELLER.
By “Order”: we mean the sales contract concluded between the SELLER and the Customer relating to the Products offered on the Site.
By "SELLER": refers to the company FOSSE SECHE, with a share capital of €144,400, whose registered office is located at LIEU-DIT FOSSE SECHE, 49260 VAUDELNAY France, registered with the Trade and Companies Register of ANGERS under number 420 786 527.
Intra-Community VAT number FR41420786527
Email: contact@fossasicca.com
"General Terms and Conditions of Use" refers to the general terms and conditions of use that apply to any Client connecting to the Site, also referred to as "GTC".
"General Terms and Conditions of Sale" refers to these general terms and conditions of sale which apply to all sales concluded between the SELLER and the Customers, also referred to as "GTC".
Article 1: Application, enforceability, and modifications of the general terms and conditions of sale
These General Terms and Conditions of Sale apply to all sales concluded by the SELLER with consumer clients wishing to purchase Products offered on the Site.
In this capacity, he has specific rights, notably detailed in the Consumer Code. Consequently, the provisions of the General Terms and Conditions do not apply to professionals.
Any exception or contrary clause shall only be valid if it has been expressly accepted in writing by the SELLER.
The fact that the SELLER does not invoke any of these General Terms and Conditions of Sale at any given time cannot be interpreted as a waiver of the right to invoke any of said conditions at a later date.
Ordinance No. 59-107 of January 7, 1959, and the law of July 5, 1974, prohibit the sale and offering of alcoholic beverages to minors and those considered as such. Ordering and purchasing alcoholic products is reserved for adults. Therefore, the Customer declares to be of legal age and acknowledges having the legal capacity to enter into a contract.
The applicable General Terms and Conditions of Sale are those in effect at the time the Order is placed and these Terms and Conditions are accepted. The SELLER reserves the right to modify these Terms and Conditions at any time.
Article 2: Creation of the personal account
To place an order on the Site, the Customer can create a personal account according to the terms and conditions set out in the general terms of use of the site, which can be viewed at this link: www.fossasicca.com
When the Customer wishes to place a new Order, they must first identify themselves by registering their username and password in accordance with the procedure described on the Site and specified in the General Terms and Conditions of Use.
Article 3: Order
3.1 The Customer places their Order according to the process in effect on the Site and confirms the order summary. They can place Orders via their personal Account (under the "Account" tab).
The Customer must select the Product(s) and their quantity, which are visible in the "Shopping Cart" section.
3.2 The Order will be summarized in a "Shopping Cart", which can be viewed at any time and includes all the elements of the Order, including the Product(s), quantities, unit price, any discounts, payment method, delivery method, and the total amount of the Order including delivery charges.
Before placing any order, the Customer must declare on their honor that they are of legal age by checking the box provided for this purpose. Minors may not place orders on the Website.
The sales contract is validly formed when, after entering their email address and password, the Customer has placed their order (first click), has been able to read and accept the General Terms and Conditions, has checked the contents of their Order (all the Products they wish to purchase and the price), has corrected any errors and has confirmed it with a second click, in accordance with the provisions of Articles 1125 to 1127-3 of the Civil Code.
If the Terms and Conditions are not accepted, the Customer will not be able to finalize their Order.
3.3 In accordance with Article L221-14 of the Consumer Code, any Order confirmed by the second validation click entails an obligation of payment by the Customer.
Article 4: Order Confirmation
The Customer will receive by email from the SELLER, an acknowledgement of receipt confirming the Order which summarizes the Order placed by him and the corresponding invoice.
The order confirmation will include the following information:
- product description;
- identification of the order number;
- the total amount of the order (price excluding tax, price including tax, shipping costs).
Article 5: Customer Information
5.1 Territoriality
The offers contained on the Site are valid as long as the Products relating thereto remain online and until stocks are exhausted and for any delivery made within the territory of France and to the countries of the European Union.
5.2 Product Description
Each product is accompanied by a photograph and description on its product page, which includes details such as the product's alcohol content, and any specific information and statements required by law. The seller takes every care to provide the most accurate photographs possible.
However, minor variations in the product's representation that do not affect its essential characteristics may occur. These variations shall in no way constitute contractual liability on the part of the SELLER.
The Products offered comply with current French legislation and applicable standards in France.
5.3 Preliminary information on the terms of sale
The Customer is informed that "Alcohol abuse is dangerous for your health, consume in moderation".
The Customer acknowledges having received, prior to placing their Order, in a legible and understandable manner, the General Terms and Conditions of Sale, all the information and details referred to in Article L.221-5 of the Consumer Code, and in particular:
- the essential characteristics of the Products, taking into account the communication medium used and the Product concerned;
- the price of the Products and additional costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or period within which the SELLER undertakes to deliver the Product;
- information relating to the identity of the SELLER, their postal, telephone and electronic contact details, and their activities, if these are not apparent from the context,
- information relating to legal and contractual guarantees and their implementation procedures;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, time limit, procedures for exercising this right and standard withdrawal form), the costs of returning the Products, the procedures for termination and other important contractual conditions.
Article 6: Prices and Payment Terms
6.1 Price Determination
Prices are expressed in euros, inclusive of all taxes, including VAT at the applicable rate. The price guaranteed to the Customer is the one displayed on the Website at the time of the Order. The price is firm and final.
In addition to the price of the Product, the Customer must pay the delivery charges, which are determined based on the weight of the package and the delivery location. These charges are displayed before the Customer confirms the Order during the shopping cart summary (second click). Shipping is free for orders exceeding a certain minimum amount (valid for one order) shown on the Website.
If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be reflected in the selling price of the Products on the Website and on the various sales media.
6.2 Payment
An invoice will be sent to the Customer after payment in the Order confirmation email.
Full payment is due upon ordering. The customer pays for their order online by
For payment security, the SELLER uses a payment provider for e-commerce electronic payment solutions.
The data is encrypted in a fully secure environment; bank details are not transmitted to the SELLER. The Customer confirms that they are the cardholder of the bank card to be debited and that they are legally entitled to use it. In the event of an error, or if the card cannot be debited, the Order cannot be validated.
If the relevant bank payment centre refuses the order, it will be automatically cancelled.
The full amount of the order (products and shipping costs) is debited at the time of the order.
The order is only final once it has been confirmed by payment of the price by the Customer.
6.3 Retention of Title
In accordance with legal provisions, the SELLER retains ownership of the goods until full payment of the corresponding price has been received. In the event of non-payment, even partial, and without prejudice to its other rights, the SELLER may therefore obtain the return of the goods by registered letter, at the Client's expense. Even if the Client does not hold ownership, the Client shall bear all risks and damages that the goods may sustain or cause from the moment of receipt.
Article 7: Delivery
Parcels are delivered in mainland France and in countries of the European Union.
7.1 Delivery charges
The SELLER charges a flat-rate delivery fee in addition to the price of the Product(s). The SELLER has chosen UPS VITICOLIS to handle the delivery of the Products.
Shipping costs can be found at this link: www.fossasicca.com
The SELLER may offer free shipping depending on a minimum order amount.
7.2 Delivery time
Products are delivered within three days of dispatch. Dispatch usually occurs on the first business day following the order date.
With the UPS tracking number provided and the link supplied by UPS, the Customer can track their delivery and modify their delivery.
In the event that the Product is unavailable, the SELLER undertakes to inform the Customer as soon as possible. The Customer will have the option of waiting for delivery of the Product or cancelling their order. They will then be refunded in full.
The SELLER cannot be held liable for the consequences of any events beyond its control, including force majeure or unforeseen circumstances, which may delay or prevent the delivery of the ordered Product.
In the event of a delivery attempt notice or delivery to a collection point, the Customer has 14 days to collect their parcel. If the Customer wishes to receive their parcel again, they will have to pay additional delivery charges equivalent to the cost of the first delivery, unless they choose a different delivery method than the one initially selected.
7.3 Delivery Delay
In accordance with Article L216-2 of the Consumer Code, if the SELLER fails to deliver the Product within the aforementioned period, except in the case of force majeure as defined in Article 1218 of the Civil Code, the Customer may cancel their Order by registered letter with acknowledgment of receipt or by written notice on another durable medium, if, after having formally requested the SELLER, using the same methods, to deliver the Product within a reasonable additional period, the latter has not complied within that period.
The Order is considered to be terminated upon receipt by the SELLER of the letter or written notice informing him of this termination, unless the SELLER has performed in the meantime.
The SELLER shall reimburse the Customer for all sums paid, at the latest within fourteen days following the date on which the Order was cancelled.
7.4 Reception
Any anomaly concerning the receipt of the package (damage, missing product compared to the Order, damaged products, etc.) must be communicated to the SELLER's customer service department by email or mail within 2 days of the delivery date, detailing the claims, indicating the Order number, and providing any relevant information. The SELLER reserves the right to request a photograph of the product, the packaging, and the shipping label from the Customer.
In the event of delivery not conforming to the order, the SELLER will proceed with the refund or replacement of the Product according to article 8 below.
Article 8: Legal Guarantees
The Products offered by the SELLER comply with applicable French legislation and standards. The Customer remains solely responsible for the choice of Products. All warranties are excluded in the event of negligence or force majeure. The SELLER shall not be liable if the non-execution or improper execution of an order is attributable to the Customer or due to technical constraints beyond the SELLER's control.
The consumer has two years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
"When the sales contract for goods provides for the continuous provision of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the entire provision period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service, and not the date on which it appeared."
"The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the goods.
"The legal guarantee of conformity gives the consumer the right to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
"If the item is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
"If the consumer requests the repair of the goods, while the seller is imposing the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
"The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:"
"1° The professional refuses to repair or replace the item;
"2° The repair or replacement of the property takes place after a period of thirty days;
"3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant goods, or if he bears the costs of installing the repaired or replacement goods;
"4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
"The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. The consumer is not then required to request the repair or replacement of the goods beforehand."
"The consumer is not entitled to rescind the sale if the lack of conformity is minor.
"Any period of immobilization of the asset for the purpose of its repair or replacement suspends the warranty which remained to run until the delivery of the repaired asset.
"The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
"A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
"The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods."
In the event of a return due to a proven defect, the SELLER will reimburse the shipping costs upon presentation of the corresponding receipts and in any case according to the applicable rates. The reimbursement will be prorated based on the price of the defective product relative to the total order.
Article 9: Evidence
Computerized records, stored in the SELLER's computer systems under reasonable security conditions, shall be considered as proof of communication, orders and payments made between the parties.
Orders and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 10: Customer Relations - After-Sales Service
For any information, questions or complaints, the customer can contact customer service.
Opening hours: Monday to Friday from 9am to 12pm and 1:30pm to 5:30pm.
By email: contact@fossasicca.com
By telephone: 0241522222 (non-premium rate number)
Article 11: Personal Data
For any information regarding the use of personal data and the cookie policy, the Customer is invited to read the Personal Data Charter by clicking here.
Article 12: Complaints - Mediation
These terms and conditions are governed by French law. This applies to both substantive and procedural rules.
In the event of a dispute with the SELLER that cannot be resolved amicably within 45 days of the Client's written notification of the dispute, the Client may, if they so wish, resort to conventional mediation or any other alternative dispute resolution method (conciliation, for example). The Client may contact the consumer mediator ATLANTIQUE MEDIATION:
• Either by mail to the following address:
ATLANTIC CONSUMER MEDIATION
Lawyer's House
5, Popular Front Mail
44200 NANTES
• Either by email: consommation@atlantique-mediation.org
• Either electronically by filling out the dedicated form on the Atlantique Médiation website
CONSUMER:
www.consommation.atlantique-mediation.org
In the absence of an amicable agreement, any disputes arising from purchase and sale transactions concluded under these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, which could not be resolved between the SELLER and the Client, shall be submitted to the competent courts in accordance with the rules of common law.
Article 13: Right of withdrawal
The Customer has a withdrawal period of 14 days, starting from the day after the Customer ( or a third party other than the carrier and designated by the Customer) receives the Products, takes physical possession of the goods, to express their decision to withdraw (Article L. 221-18 of the Consumer Code).
If this deadline expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
To exercise this right of withdrawal, the Customer must notify their decision to withdraw, without having to justify their decision, by means of an unambiguous statement (for example, a letter sent by post or email) to the contact details provided on the Website. The Customer may use the standard withdrawal form template provided below, but this is not mandatory.
If sent by email, the SELLER will send an acknowledgement of receipt of the withdrawal by email.
To ensure that the withdrawal period is respected, it is sufficient for the Customer to send their communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
The Customer must return the Product to the Seller at their own expense without undue delay and, in any event, no later than fourteen days after the Customer has communicated their decision to withdraw. This deadline is deemed to have been met if the Customer returns the goods before the fourteen-day period expires.
The Customer is responsible for the return shipping costs. Return shipping costs are based on the standard rates charged by the postal service.
Returned Products must be intact and complete; they must not have been unsealed/opened. Incomplete, damaged, or opened products will not be accepted for return and are not eligible for cancellation or refund. Products must not be subject to any commercial depreciation.
The SELLER will reimburse all payments received from the Customer, including delivery charges (with the exception of any additional costs arising from the Customer choosing a delivery method other than the least expensive standard delivery method offered on the Website and return shipping costs), without undue delay and, in any event, no later than fourteen days from the day on which the SELLER is informed of the Customer's decision to withdraw from this contract. The SELLER may withhold reimbursement until it has received the goods back or until the Customer has supplied evidence of having sent back the goods, whichever is the earliest.
The SELLER will issue the refund using the same payment method the Customer used for the initial transaction, unless the Customer expressly agrees to a different method; in any event, this refund will not incur any costs for the Customer.
WITHDRAWAL FORM
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ORDER CANCELLATION (Please complete and return this form only if you wish to withdraw from the contract.) To the attention of the company FOSSE SECHE, locality FOSSE SECHE, 49260 VAUDELNAY Email: contact@fossasicca.com I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below: Ordered on (*)/received on (*): Name of consumer(s): Consumer address(es): Signature of the consumer(s) (only if this form is submitted on paper): Date : (*) Delete as appropriate. |