General Terms and Condition of Sales
The company DCV with SIREN number 903484533, whose head office is located at 1 rue des Monts, 03500 Cesset, is particularly active in the sale of wines. These general terms of sales apply to wine sales concluded with an individual, via the site closdebreuilly.com. The products thus purchased may be subject, depending on their availability, to delivery in mainland France.
Sales made in this context are reserved solely for consumers, within the meaning given in the preliminary article of the French Code de la Consommation, acting exclusively on their own behalf and having full legal capacity to contract. The use of the products excludes any resale of these wines to third parties.
These general terms of sales take precedence over all other documents published on the site closdebreuilly.com. The law applicable to these conditions of sale is French law.
Protection of Minors
In accordance with article L. 3342-1 of the French Code de la Santé Publique which states that the sale of alcohol to minors under 18 years of age is prohibited, you undertake, by completing the order form, to be 18 years old expired on the date of the order by checking the box provided for this purpose.
Products Offered
The characteristics of the products offered for sale are presented on the site. Photographs do not fall within the contractual scope.
We cannot be held responsible if errors are introduced. The texts and images presented on the site are reserved, for the entire world, under copyright and intellectual property rights; their reproduction, even partial, is prohibited.
Prices
The prices of our products are indicated in euros, ex cellar and excluding delivery costs. A contribution to transport costs is generally due, the amount of which is specified when ordering.
Our price is subject to variation, it being understood that the products ordered are invoiced at the rate in effect when the order is placed.
Payment Terms
Payments must be made in euros. Different payment methods are offered to you, and for each of these payment methods, we recognize our contractual commitment on the payment date. This date varies depending on the payment method you have chosen. Generally speaking, this date corresponds to the first moment when proof of payment becomes available to us. For example, this payment date corresponds to the moment when the card payment intermediary records the transaction in its books, or when the bank transfer is executed by your bank.
We also reserve the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order, or for any other legitimate reason relating in particular to the abnormal nature of the order.
Delivery Terms
Our products are shipped to the address indicated on the order form. It is your responsibility to provide us with all the details necessary for the proper delivery of your order. The delivery date is understood as the date of first presentation of the package to the address you have communicated to us, it being specified that this delivery will be made at the entrance to the property (house, building, residence, etc.).
Delivery Date
We make every effort to deliver to you, from the date of payment, within 30 days maximum.
Product Availability
Our product offers are valid while stocks last. If all or part of the products are unavailable after placing your order, we will inform you as soon as possible. You can then request the exchange or cancellation of your order concerning unavailable products. If you opt for partial or total cancellation of the order depending on the partial or total unavailability of the products, we undertake to reimburse you without undue delay and, at the latest, within 14 days from receipt of your cancellation request. This refund will be made according to the payment method you used when ordering.
Delivery Issues
You undertake to receive delivery of the products ordered, and in particular to check the condition and contents of the package received. If the package or products are damaged or show signs of opening or are missing, you must express reservations on the delivery note. You must confirm these reservations and complaints by email within 72 working hours following receipt of the delivery, to the address contact@closdebreuilly.com. We will give you the procedure to follow.
In this context, we will bear the possible return and shipping costs of the replacement product. In the event that identical replacement of the product is not possible, we will offer you an alternative product or the resolution of the sale with regard to the damaged product and the reimbursement of its price. The refund will be made within a maximum period of 14 days from receipt of your request to cancel the sale, and by the payment method used when ordering.
We remind you that the right of withdrawal below only allows you to return a new product, in perfect condition and unused. Therefore, if no reservations or complaints have been made upon receipt of the products, we will not be able to take into account any subsequent reservations or complaints concerning delivery problems.
Transfer of Material Risks
According to the French general principles of law, and since we organize delivery, the transfer of material risks on your purchases takes place as soon as delivery has been made without reservation. Therefore, we cannot be held responsible if the product is damaged after the transfer of risks, in particular due to poor storage.
Inability to Execute
We are responsible for the proper execution of the sales contract. However, our liability cannot be incurred if the non-performance or poor performance of the contract is attributable to an error on your part, to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure (this is i.e. the material impossibilities of selling or delivering resulting in particular from war, strikes or the impossibility of movement, etc.). These circumstances justify the suspension on our part of current contracts or their late execution without compensation or damages.
Right of Withdrawal
If you were not satisfied with the products delivered, you have 14 days from receipt of the products to return them to us in their original packaging, in perfect condition and request a refund or exchange. Products returned damaged will not be taken back. We undertake to exchange them for you or, if you wish, to reimburse you for the price of the returned products, without undue delay and at the latest within 14 days from the date on which we are informed of your wish to withdraw.
This refund will be made based on the payment method used when placing your order. We inform you, however, that we reserve the right to defer this reimbursement until proof of shipment of the returned goods.
Proof of Transaction
You accept that our order recording system constitutes proof of the transaction and in particular of the different dates mentioned in this document, as well as the content of the order.
Inability to Access closdebreuilly.com
Access to the site or to certain services offered on the site may be temporarily disrupted, restricted or interrupted in the event of network disruption, maintenance, updates, technical improvements, etc. We will ensure that these disruptions are as brief as possible. We cannot be held responsible and have our liability sought as such.
It is also up to you to take into account, for the interpretation or use of the information contained on the site, the specificities of the law of your country of situation if this was not France.
Changes to the Terms of Sales
Taking into account possible developments in our commercial policy and our production, we reserve the right to adapt, update or modify these general conditions of sale at any time. The new general conditions of sale will then be available and will only apply to sales made after the modification.
Dispute Resolution
These Terms of Sales are subject exclusively to French law. In the event of a dispute likely to result from the interpretation or execution of these Terms of Sales and its consequences, you can send us a written complaint by registered mail with acknowledgment of receipt to SAS DCV, 1 rue des Monts, 03500 Cesset.
If we refuse your complaint or in the absence of a satisfactory response within two months from the date of receipt of the written complaint, you can contact a consumer mediator free of charge. which will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with articles L.612-5 et seq. of the French Code de la Consommation. You must submit your request to the mediator within a period of less than one year from your initial complaint. You remain free to initiate, accept or refuse recourse to mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.
In the event of failure of mediation, any dispute will be subject to the exclusive jurisdiction of the French courts designated in accordance with French procedural rules.