General terms and conditions of e-commerce sales
ARTICLE 1. GENERALITES
The website www.patriwine.fr (the « website ») is published by the company PATRIWINE SAS (the « Seller » or « PATRIWINE ») :
Simplified joint stock company with a capital of 1,230,000 euros
Registered with the RCS Marseille under number 521.858.100
Intra-community VAT : FR35 521 858 100 00030
whose registered office is located at 350 avenue du Prado 13008 Marseille
Represented by Franck Noguès and Philippe Bureau
The operational agency is located: Parc Innolin, 3 rue du golf, 33700 Mérignac
Customer service contact details:
Phone : 05.57.29.20.20
Email : email@example.com
ARTICLE 2. SCOPE & ENFORCEABILITY
The present general terms and conditions of sale (the « GTC ») apply, without restriction or reservation, to sales concluded by PATRIWINE, from consumers and non-professional buyers (the « Customer(s) »), wishing to acquire and be delivered the products offered for sale by the Seller (the « Products ») on the website www.patriwine.fr.
The GTC are applicable as from 18 June 2019.
By « Customer » it is to be understood exclusively as any person who agrees to fill in the mandatory fields for the registration of his order, which may be a natural person aged at least eighteen (18) years acting as a consumer within the meaning of the first article of the Consumer Code or a legal person acting as a non-professional for purposes that do not fall within the scope of his professional activity.
The GTC are available at any time on the Website or on request at the following email address firstname.lastname@example.org . As the GTC may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the Website on the date of registration of the order. They shall prevail over any other version or any other contradictory document. The Seller therefore invites Customers to carefully review the current GTC each time they place a new order.
Any validation of an order by the Customer implies full and complete acceptance of these GTC and the specific conditions of his order (products, quantities, prices, delivery methods and times, etc...). The Customer declares that he has read and accepted them by ticking the box provided for this purpose before validating the order. The storage and reproduction are ensured by the Seller in accordance with article 1127-1 of the Civil Code
Together with the online order, the GTC constitute the contractual documents enforceable against the parties, to the exclusion of any other documents, prospectuses, catalogues or photographs of the Products which have only an indicative value.
The GTC and all the information mentioned on the Website are written in French and English.
ARTICLE 3. OPENING A CUSTOMER ACCOUNT
The creation and connection to his customer account is necessary before any order is placed.
To create a customer account, necessary when the Customer wishes to place an order, the Customer must complete the online registration form « create my account » accessible by clicking on the icon. In this form personal information (name, first name, email address, date of birth, postal address etc.) is useful to allow PATRIWINE to open your customer account. The information that must be completed is indicated by an asterisk.
Creating a customer account is free of charge.
Once created, access to your customer account will be possible through an identifier (your email address) associated with a password that it is up to the Customer to choose when creating his account. It is therefore essential for the security of the Customer's data to choose a complex password that the Customer will keep strictly confidential and that should not be communicated or shared with third parties.
If the Customer loses his password, he must click on the "forgotten password" link and follow the procedure required to recover and change his password.
ARTICLE 4. PRODUCTS
PATRIWINE markets on its website bottles of wines selected from among the great Bordeaux wines in the 1855 classification for the appellations on the left bank and in the 2012 classification for the Saint-Emilion appellation (the « Grands Crus »).
The main characteristics of each Product (appellations, vintages, unit price excluding and including tax, note of the main criticisms...) and in particular its specifications and illustrations are presented on the Website. The Customer may read it before placing any order.
The photographs and graphics presented on the Website are not contractual and do not engage the sole responsibility of the Seller.
PATRIWINE offers for sale two types of offers :
- Pleasure Wines (4.1) ;
- Primeur Wines (4.2).
4.1 Pleasure Wines
Pleasure Wines are tasting wines intended for the Client's personal consumption. PATRIWINE offers a selection of Pleasure Wines among the best rated Grands Crus on the market.
Pleasure Wines can be stored by PATRIWINE in the Bordeaux City Bond (BCB) warehouse.
4.2 Primeur Wines
Primeur wines are Grands Crus wines put up for sale by the estates and châteaux producers before bottling, from May following the year of harvest when the wine is being vinified and matured in the Châteaux' cellars in oak barrels. They will be available after the completion of the complete breeding cycle and after bottling, i.e. approximately 18 to 24 months after the launch of the sales campaign.
The advantage of Primeur Wines is that in general the selling price of Primeur Wines is more interesting than the price of the wines once bottled. However, the quality of the wine is not yet established at the time of ordering and PATRIWINE cannot be held responsible.
PATRIWINE offers a selection of Primeur Wines according to the reservations that have been obtained from wine merchants and wineries through sworn brokers. The sale of Primeur Wines is carried out within the limits of available reservations. PATRIWINE does not engage in short selling. Only the Primeur Wines for which PATRIWINE has an allocation are offered for sale on the Website.
ARTICLE 5. ORDERS
5.1 General terms and conditions of orders
To place an order, the Customer :
- declare and undertake to be eighteen (18) years of age on the date of the order.
- must access its customer account on the Website created in accordance with the procedure described in Article 3.
For each reference ordered and unless otherwise published on the Website, the minimum amount of the order is a case of 12 bottles, in order to guarantee the traceability of all the wines composing the case.
Product offers are subject to the availability of stocks held by PATRIWINE or its partner dealers under the conditions in effect at the time of the order.
In the event of unavailability of a Product for any reason whatsoever, the Seller reserves the right not to confirm or cancel the order. The Seller shall inform the buyer as soon as possible and may offer him a replacement product of equivalent quality and price. Any refusal to validate this replacement proposal results in the cancellation of the order of the reference concerned and, if necessary, the Seller shall refund the corresponding sums paid within thirty days of the cancellation of the order.
5.2 Description of the customer step :
- The composition of the virtual shopping : Once connected to his customer account, the Customer selects his wines from the appellations offered by PATRIWINE and composes his virtual basket indicating the selected Products and the desired quantities and then clicks on the button « To order » ;
- The choice of VAT regime : The Customer then selects the VAT regime applicable according to the destination of the Products (delivery to the address indicated by the Customer or to one of PATRIWINE's Storage Places - term defined in article 6.1 below) and clicks again on the button « To order » ;
- Validation of the GCS: After having read the GCS, the Client ticks the box for validation of the GCS. ;
- Receipt of the order : PATRIWINE displays a summary of the Customer's order and reminds the Customer of the different payment methods available. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance.
- The recording of the order : To register his order, the Customer clicks on the button « I confirm my order » and receives by email a summary of his order as well as an invitation to pay for his order according to the payment method chosen ;
- Payment of the order : Once the order has been registered, the Customer pays for the order according to the payment method chosen: bank transfer, credit card or cheque.
- The confirmation of the order : Once the payment has been received by the Seller, the Customer is informed within 2 working days by e-mail of the confirmation of his order by PATRIWINE.
Each order placed by the Customer remains valid for fifteen (15) days. If payment is not received within this period, PATRIWINE automatically cancels the order.
The sale will only be considered final after the Seller has sent the Customer confirmation of acceptance of the order by e-mail and after the Seller has received the full price of the order (including delivery costs).
Any order placed on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Any modification of the order by the Customer after its confirmation by PATRIWINE is subject to the express and prior acceptance of PATRIWINE.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
5.3 Specific terms and conditions for orders of Primeur Wines
- Orders for Primeur Wines are placed according to the availability of the allocations obtained by PATRIWINE.
- The Customer receives a down payment invoice excluding VAT, the delivery and VAT costs being due on the date of delivery.
- Primeur Wines do not generate storage fees or insurance fees until they are delivered to one of the Storage Places if the Customer chooses this option.
- When bottling is completed and the wines become available, PATRIWINE informs the customer by e-mail.
- The Customer then decides on the destination of his wines; delivery to the address indicated by the Customer or to one of PATRIWINE's Storage Sites. This second option is recommended because, after 2 years of ageing, the Primeur Wines have not reached maturity for consumption..
- PATRIWINE then sends the Client a final invoice specifying the amount of VAT payable and, if applicable, the delivery costs and additional services.
5.4 Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium in order to constitute a true copy in accordance with article 1379 of the Civil Code. These communications may be produced as proof of the contract
ARTICLE 6. ADDITIONAL SERVICES
6.1 Transport, Storage and Insurance
Patriwine offers its Customers an additional service including the transport of the Products from the traders' warehouses to the Storage Location chosen by the Customer, the storage of the Products under optimal conditions and the insurance of the Products during the transport and storage of the Products.
Ancillary services are provided by specialized professionals carefully selected by Patriwine.
PATRIWINE offers two air-conditioned and secure storage areas (the « Storage Locations ») with specialized professionals :
- In Bordeaux in the cellars of Bordeaux City Bond (for purchases including VAT) ;
- In Geneva at the Free Ports of Geneva in a dedicated private area (for purchases under VAT suspension).
Products purchased by the Customer on the Website may be transported and stored in one of these Storage Places according to the VAT regime chosen by the Customer (See 5.3).
Each case of wine has an identification number which ensures its traceability and permanent monitoring. Patriwine's own inventory is isolated from Customers' inventory.
Insurance during transport and storage of the Products is underwritten by ACE European Group Limited Chubb Company.
The insurance covers the following damages: theft, bottle breakage, contamination and fire.
The storage of the Products is ensured by specialized professionals under optimal temperature and humidity conditions adapted to the Products. The Client has the possibility to visit by prior appointment.
The custody of the Products stored by Patriwine is ensured from the time they are loaded into the carrier's vehicle until they are collected by the Customer.
Patriwine undertakes not to use under any circumstances, even for exhibition or demonstration purposes, the Products stored on behalf of its Customers.
The storage of the Products is ensured for a minimum period of three months and extends beyond that for an indefinite period, it being specified that any quarter started is due. The Customer may terminate at any time by registered letter with acknowledgement of receipt to the storage and insurance department. The Customer must specify which method of making the Products available (delivery to the address of his choice or making the Products available at the Storage Site).
PATRIWINE offers its Customers to deliver the Products to the address of their choice.
The Customer must ensure that the information communicated to the Seller regarding the delivery address is accurate and sufficiently precise. The Seller declines all responsibility in the event of an error in entering the address and delivery of the Products to the wrong address.
The delivery costs of the Products - in particular Primeur Wines - to the address indicated by the Client must be paid before any confirmation of delivery.
6.3 Availability of the Products
When the Customer has chosen to store his Products in one of the Storage Places offered by PATRIWINE and wishes to recover them, he must inform PATRIWINE at least 8 days in advance.
The Products are made available by appointment during the opening hours of the Storage Location chosen by the Customer or by delivery to the carrier mandated by PATRIWINE or by the Customer.
In the event of unpaid or late payment of ancillary services invoices, the provision of the Products shall be subject to full payment of the due invoices for which the Customer is responsible.
ARTICLE 7. PRICE
7.1 General provisions
Prices are provided at the rates in effect on the Website at the time the order is placed by the Seller. Prices are expressed in euros, excluding VAT and including VAT.
The prices displayed on the Website are binding. The Seller reserves the right to modify prices at any time to take into account fluctuations in the market.
The prices of the Products displayed on the Website do not include the costs of ancillary services, namely storage, insurance, delivery or making the Products available, which are invoiced in addition, under the conditions indicated on the Website and calculated before the order is placed.
It is specified that the delivery of the Products to the Storage Location chosen by the Customer is not re-invoiced to the Customer.
7.2 Ancillary services costs
Storage and insurance costs are payable annually according to the payment terms detailed in Article 6 below. :
- For the first year, they are due in advance from the first day of the next calendar quarter following the order (January, April, July and October)The total price excluding VAT and including VAT of the ancillary services appears on the purchase invoice for the Products ;
- For the following years, they are due each year before the end of the current calendar year and until the Customer requests that the Products be made available. Any quarter started is due. The annual invoice is sent to the Client during the last quarter of the current calendar year.
The invoice for storage and insurance costs shall serve as a certificate of storage.
The payment requested from the Client details the amount of the various ancillary services subscribed by the Client.
Transport costs to the Storage Location
Not re-invoiced to the Client
1,50€ HT or 1,80€ TTC per bottle and per year
0.40% of the purchase price of the Products per year
Included in the delivery costs
Delivery costs to the address indicated by the Client
54 Euros including VAT per wooden case of 12 bottles for delivery in Metropolitan France
Costs of making the Products available at the Storage Location
Free of charge for Products stored in the Bordeaux City Bond cellars
To be specified at the time of availability for Products stored at the Free Ports of Geneva up to a maximum of €100 excluding VAT per withdrawal.
Rates are revised annually on January 1.
The ancillary storage and insurance services may be terminated at any time by the Client for any reason whatsoever by registered letter with acknowledgement of receipt. The Customer must inform the Seller how he wishes to recover his Products (making the Products available at the chosen Storage Location or making the Products available and delivery by PATRIWINE to the address indicated by the Customer). However, it is specified that the termination will take place at the end of the current quarter and any quarter started is due. In the event of termination during the first contractual year, PATRIWINE will reimburse the Client for the sums covering storage and insurance services not provided.
Termination of the storage and insurance service shall automatically result in the Customer being invoiced for the costs of making the Products available and, if applicable, for delivery costs..
7.3 Specific terms and conditions for the prices of Primeur Wines
The price of Primeur Wines is recommended by the châteaux producers in May following the harvest according to the ratings given by oenological critics (James Suckling, Neal Martin, Antonio Galloni, Jancis Robinson...).
When ordering, the payment of Primeur Wines is made exclusive of VAT and excluding delivery costs. VAT and delivery costs will be paid by the Customer when the Seller informs him of the availability and before any delivery of the Primeur Wines.
The Wines are being matured in the Châteaux producteurs: no storage and insurance fees are therefore required until they are made available.
ARTICLE 8. TERMS OF PAYMENT
Except in the case of Primeur Wines, the price of the Products is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment, in accordance with the following terms :
- by credit card : Visa
- by bank check payable to PATRIWINE
- by transfer to our bank account at the following references :
Bank : QONTO
Account number : 16798 00001 00000932083 91
Code BIC : TRZOFR21XXX
IBAN : FR76 1679 8000 0100 0009 3208 391
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France. The cheque is cashed upon receipt.
Payments made by the Customer shall only be considered final after the Seller has actually collected the sums due by the Customer.
A pro forma invoice is issued by the Seller upon receipt of payment. The final invoice is delivered to the Customer by e-mail and available on his personal space on the Website as soon as the Products have been delivered, either to the Storage Location chosen by the Customer or to the address indicated by the Customer.
Any amount not paid on the due date indicated on the invoice shall automatically result in the application of penalties equal to 10% of the unpaid amount per day of delay as from the day following the date of payment indicated on the invoice. Late penalties are due without the need for a reminder, at the Seller's simple request. A flat-rate compensation of 40 euros is also due for recovery costs. The Seller reserves the right to claim additional compensation if necessary.
In the event of late payment of more than three months and after formal notice to pay has remained without effect, the Seller may terminate the storage and insurance service for the Products, without prejudice to any other course of action.
ARTICLE 9. DELIVERY
9.1 Place of delivery
Wines are delivered to one of PATRIWINE's Storage Sites (see 6.1) or to the address indicated by the Client (6.2).
In all cases, transport is provided by a specialized service provider mandated by PATRIWINE. The Products travel in temperature-controlled trucks.
Delivery is understood to be in metropolitan France. For any delivery request in a country other than France, please contact PATRIWINE customer service.
9.2 Delivery times
The Products are delivered for metropolitan France within a maximum period of 4 months after receipt of the order price at the place of destination chosen by the Customer.
As an exception, for Primeur Wines, delivery times are postponed by approximately 18 months from the date of receipt of the order price (excluding VAT and delivery charges payable before delivery). The exact date of bottling and therefore delivery of the Primeur Wines is not known by PATRIWINE on the day of the order. It depends on the length of ageing, which varies from one estate and vintage to another..
Except in special cases or unavailability of one or more Products, 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 deadlines specified above. If the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, 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 L241-4 of the Consumer Code. The sums paid by the Client which do not constitute a deposit will then be returned to him at the latest within thirty (30) days following the date of termination of the contract, excluding any compensation or withholding.
Any delays in delivery may not give rise to damages, withholdings or cancellation of pending orders.
In the event of an error concerning the recipient's contact details and the delivery address, PATRIWINE cannot be held responsible for the impossibility of delivering the goods at the appropriate place and time.
9.3 Receipt of Products
Upon receipt of the Products, the Customer must check the condition of the Products in the presence of the deliverer and in the event of damage or missing items, formulate his reservations on the delivery note or transport receipt and confirm them by registered letter with acknowledgement of receipt sent within 48 hours of their first presentation by the carrier mandated by PATRIWINE or its storage company.
The Seller recommends that the Customer issue its disputes by registered letter with acknowledgement of receipt to the carrier, a copy of which should be sent to PATRIWINE, in order to preserve its rights.
When the Customer chooses to deliver the Products to one of the Storage Sites, it is up to him to make an appointment with PATRIWINE or any person it may designate in order to verify the Products within fifteen days of delivery of the Products.
ARTICLE 10. TRANSFER OF RISK AND OWNERSHIP
The transfer of ownership of the Seller's Products and the related risks of loss and deterioration to the Customer shall only take place upon delivery of the Products to the place indicated by the Customer. The Products therefore travel at the Seller's risk and peril.
In the event that the Customer subscribes to the additional storage and insurance service, the Seller remains responsible for the Products until they are made available to the Customer :
- until the Products are delivered to the address indicated by the Customer under the conditions specified in Article 9 above; or
- to their availability in the hands of the Client or his agent in the event that the Products are collected directly from the Storage Site.
ARTICLE 11. RIGHT OF RETRACTATION
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify any reason or pay any penalty, for the purpose of exchange or refund, provided that the Products are returned in their original (unopened) packaging and in perfect condition within 14 days following the notification to the Seller of the Customer's withdrawal decision.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled, incomplete or opened products are not taken back.
The right of withdrawal may be exercised online, using (i) the withdrawal form available as an annex to these GTC or (ii) any other unambiguous statement expressing the intention to withdraw.
In the event of exercise of the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs are refunded; the return costs remaining at the expense of the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
In accordance with the provisions of Article L. 221-28 al. 7 of the Consumer Code, the Client does not have a right of withdrawal for Primeur Wines if the Products are alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
ARTICLE 12. SELLER'S LIABILITY - WARRANTY
The Products sold on the Website comply with the regulations in force in France.
The Products supplied by the Seller shall automatically and without additional payment, in accordance with the legal provisions,
- the legal guarantee of conformity, for Products that are apparently defective, damaged or damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
- under the conditions and in accordance with the procedures referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Compliance Guarantee / Hidden Defects Guarantee).
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to take action against the Seller. The Customer may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code. The Customer is exempted from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of the Product.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fifteen days from the delivery of the Products or the existence of hidden defects within the above-mentioned deadlines and return the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions...).
The Seller shall refund, replace or replace Products under warranty deemed non-compliant or defective.
If applicable, shipping costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documents..
Refunds for Products found to be non-compliant or defective will be made as soon as possible and at the latest within thirty days of the Seller's discovery of the lack of conformity or hidden defect.
The refund will be made by crediting the Customer's bank account or by bank cheque sent to the Customer.
The Seller's liability shall not be engaged in the following cases :
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check ;
- in the event of misuse, professional use, negligence or lack of maintenance on the part of the Client, such as in the event of an accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are defective..
ARTICLE 13. INFORMATION TECHNOLOGY AND FREEDOM
In accordance with law 78-17 of 6 January 1978 amended by law n°2018-493 of 20 June 2018, it is reminded that the personal data requested from the Customer are necessary for the processing of his order, the preparation of invoices and the sending of promotional offers, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to information concerning him/her.
This right may be exercised under the conditions and in accordance with the procedures defined on the Website.
ARTICLE 14. INTELLECTUAL PROPERTY
The content of the website 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 prohibited and may constitute a counterfeiting offence..
In addition, the Seller retains ownership of all intellectual property rights to photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the Customer's request) for the purpose of providing the Services to the Customer. The Client therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller, who may make it conditional on a financial contribution.
ARTICLE 15. NON-REVISION
The GTC expressly exclude the legal regime of unforeseen circumstances provided for in Article 1195 of the Civil Code.
ARTICLE 16. EXECUTION FORCE IN KIND
By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of failure by either Party to fulfil its obligations, the Party which is the victim of the failure may not request its forced execution.
ARTICLE 17. EXCEPTION OF NON-EXECUTION
Pursuant to Article 1219 of the Civil Code, each Party may refuse to fulfil its obligation, even if it is due, if the other Party does not fulfil its obligation and if such non-performance is sufficiently serious, i. e. likely to jeopardise the continuation of the contract or fundamentally upset its economic equilibrium. The suspension of enforcement shall take effect immediately upon receipt by the defaulting Party of the notice of default sent to it to that effect by the defaulting Party indicating the intention to apply the exception of non-performance until the defaulting Party has remedied the breach found, served by registered letter with acknowledgement of receipt or on any other durable written medium enabling proof of dispatch to be provided.
This exception of non-performance may also be used as a preventive measure, in accordance with the provisions of Article 1220 of the Civil Code, if it is clear that one of the Parties will not fulfil its obligations when due and that the consequences of such non-performance are sufficiently serious for the Party which is the victim of the failure.
This option shall be used at the risk and peril of the Party taking the initiative.
The suspension of execution shall take effect immediately upon receipt by the alleged defaulting Party of the notification of the intention to apply the plea of preventive non-performance until the alleged defaulting Party has fulfilled the obligation for which a future breach is manifest, served by registered letter with acknowledgement of receipt or on any other durable written medium permitting proof of dispatch to be provided.
ARTICLE 18. MAJOR STRENGTH
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 19. CONTRACT TERMINATION
The order may be cancelled by the Customer by registered letter with acknowledgement of receipt or in writing on another durable medium in the following cases :
- Delivery of a Product that does not comply with the characteristics of the order noted by PATRIWINE (verification carried out by PATRIWINE after the return of the Products by the Customer) ;
- Delivery beyond the deadline set at the time of the order after the Seller has been instructed, in the same manner and without result, to make the delivery within a reasonable additional period.
In the event of termination due to the Seller's fault, the Customer may obtain a refund of the instalments paid within fourteen days of the date of termination of the contract.
The order may be cancelled by the Seller by registered letter with acknowledgement of receipt in the following cases :
- Refusal of the Customer to take delivery of the Products ;
- Non-payment on the due date of orders for Products or related services ordered by the Customer ;
- Unavailability of the Products for any reason whatsoever.
In the event of termination due to the Customer's fault, the sums paid when ordering or subscribing to the additional service shall remain payable as compensation.
The Seller shall be entitled to keep as many bottles of wine belonging to the Customer as necessary to compensate for unpaid amounts on the date the Products are made available.
Since the services exchanged between the Parties since the conclusion of the contract and until its termination have found their usefulness as and when the contract is performed reciprocally, they will not give rise to any refund for the period prior to the last service not having received its counterpart.
In any event, the aggrieved Party may seek legal action for damages.
ARTICLE 20. APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations resulting from them are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, the French text alone shall prevail in the event of a dispute.
ARTICLE 21. LITIGATIONS
In the event of a complaint, the Customer must first contact the Seller's customer service department by telephone, e-mail or post.
In the event of failure of the complaint request to the customer service or in the absence of a response from this service within two months, the Customer may submit his dispute to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The Client may address his complaint to the Commission de la médiation de la consommation (C. consum. art. L 612-1) or to the existing sectoral mediation bodies, the references of which appear on the Website or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
All disputes to which the purchase and sale transactions concluded pursuant to these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of ordinary law.
ANNEX I. PROVISIONS RELATING TO LEGAL GUARANTEES
Article L217-4 of the Consumer Code
The seller is required to deliver a good 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 defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code
- Be fit for the purpose usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
AArticle L217-12 of the 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 L217-16 of the Consumer Code
Where the buyer requests from the seller, during the course of the commercial guarantee granted to him when acquiring or repairing movable property, a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee which remained to run. This period shall run from the date of the buyer's request for intervention or the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from the fundamental defects must be brought by the purchaser within two years of the discovery of the defect.