GENERAL TERMS AND CONDITIONS OF SALE
Your sales conditions
SCA Les Caves Molière with variable capital
RCS Béziers 34-704
8 Boulevard Pasteur
34290 Abeilhan
Tel : + 33 (0)4.67.390.020
READ CAREFULLY.
BY CONNECTING TO THE SITE lescavesmoliere.com YOU CONFIRM YOUR ACCEPTANCE OF THESE GENERAL CONDITIONS AND AGREE TO BE BOUND BY THEM.
ALL ORDERS WILL BE EXCLUSIVELY GOVERNED BY THESE GENERAL CONDITIONS.
A. GENERAL PROVISIONS
The website lescavesmoliere.com (le “Site”) was designed by the company PROXIMITY WEB PRO, Les Caves Molière remain the owners and holders of all the related rights. Unless the prior and express authorization of Caves Molière, it is forbidden to copy or download all or part of the Site or its content. However, Les Caves Molière authorizes the creation of hypertext links to the Site.
B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED
Article 1 – Acceptance of these general conditions
The fact that a user completes the order form appearing on the Site and confirms the order (by clicking on the “Confirmation of the order” button provided for this purpose), constitutes full acceptance of these General Conditions, which will be only applicable to the contract thus concluded.
Article 2 – Order confirmation and contract conclusion
The Site contains at all times a commercial proposition for the sale of products, which is not legally considered as a permanent offer. Thus, as will be explained below, the conclusion of a contract will only take place in the event of an order confirmation by Les Caves Molière.
After validation of payment, in accordance with article 3 of these General Conditions, the order is deemed to have been accepted by Les Caves Molière.
Les Caves Molière will then confirm the acceptance of the order to the user, at his choice by one of the following means: email, telephone, fax or mail. This confirmation, or where applicable, the refusal to accept an order will thus be confirmed to the user no later than 24 working hours after receipt of an order. Les Caves Molière also reserves the right not to record a payment and therefore not to confirm an order for any reason whatsoever, relating in particular to a product supply problem, a problem concerning the order received, or a foreseeable problem concerning the delivery to be made.
Article 3 – General obligations of the parties
3.1 Obligations of Caves Molière :
The Caves Molière undertake, in the event of acceptance of an order, to sell and have delivered to the user the Wines (the “Products”) ordered by the latter. In this regard, Les Caves Molière undertakes to deliver the Products to the carrier designated by Les Caves Molière after acceptance of an order. Les Caves Molière has entered into a contract with this carrier under which the latter undertakes to deliver the Products to the address indicated by the customer (the “Customer”).
Minors and alcohol :
The sale of alcohol is prohibited to minors under the age of eighteen (18).
Your payment order commits you to guarantee that on this date you are at least eighteen (18) years old.
3.2. User obligations :
The Customer undertakes to indicate to Caves Molière an address to which delivery can be made during working hours. The Customer undertakes to pay the price stipulated for the service of the Caves Molière (price of the Products and transport), as well as to pay or have paid, if necessary, and this directly to the freight forwarder or carrier, the rights of customs, VAT or other taxes due on the occasion of the importation of the Products into the country of the place of delivery. The Customer refrains from reselling the Products. Any order placed by a Customer is for his personal use or for the personal use of the person in whose name the delivery is to be made. In the latter case, the Customer asserts the personal acceptance of these General Conditions by the recipient of the delivery (who for this will be assimilated to the “Customer”).
Article 4 – Specific provisions
4.1. Price, invoice :
The total price indicated in the Les Caves Molière order confirmation (the “Price”) is the final price. The Price is expressed in Euros.
4.2. Payment :
Online payment for Products is made by :
Credit card : The debit on the Customer’s credit card will be made in Euros when the order is accepted by Les Caves Molière An invoice can be established, at the specific request of the Customer, who must indicate the address for sending the invoice.
Bank check : issued by a bank domiciled in France to the order of “Caves Molière”. The order preparation will take place once the check has been received.
4.3. Order :
The order, depending on available stocks, must strictly comply with the offer and in particular with the formats, quantities offered and deadlines.
4.4. Transport – Delivery – Delivery Times :
The Products are delivered to the delivery address indicated in the order within one (1) to nine (9) working days from the confirmation of the order, unless payment has not been made for some reason whatsoever. The deadlines provided by Les Caves Molière to the Customer vary according to the place of delivery, and according to the country. These are indicated for information on the Site, Les Caves Molière cannot be held responsible for exceeding the indicative deadlines given on the Site or when confirming the order. In the absence of the recipient or of a person who can take possession of the Products upon delivery, the carrier will leave a transit advice note at the delivery address indicated by the Customer inviting the Customer to collect the Products. Under no circumstances can Les Caves Molière be held responsible for any deterioration of the Products in the event of late withdrawal of said Products from the carrier, or non-withdrawal of the Products by the Customer.
4.5. Transfer of Risks :
The transfer of risks on the Products takes place as soon as the Products are handed over by Les Caves Molière to the carrier. Thus, the Products travel at the risk and peril of the Customer.
4.6. Reservations upon Receipt of Products – Limited Refund / Replacement Cases :
The Customer can only express reservations during the delivery of the Products in the event of a delivery that does not comply quantitatively with the order, or in the event that the package containing the Products is severely damaged. These reservations must be made in writing to the carrier upon delivery, or no later than 12 hours after delivery. A copy of these reserves must be sent to Caves Molière.
– by mail to the following address : SCA Les Caves Molière 3 Les Caves Molière 8 Boulevard Pasteur 34290 ABEILHAN
– by email to caveaut@lescavesmoliere.com
– by fax to +33 (0)4.67.983 544
no later than 12 hours after these reservations have been made. It is up to the Customer to provide with this shipment to Caves Molière confirmation by the carrier of the reality of these reservations.
If the above procedure has been followed, and if it is thus proved that the reservations are due to the fact that the package and the Products are badly damaged, Les Caves Molière, at their option, will reimburse the Customer for the Price paid or will carry out a new delivery of Similar Products.
If the delivery does not comply quantitatively with the Order, Les Caves Molière will reimburse only the price difference between the Products ordered and those delivered, of course, only if the Products delivered are priced lower than those ordered and paid for. No reservations can be made in relation to the taste, appearance or freshness of the Products.
4.7. Return of goods :
A right of withdrawal is offered to the buyer by virtue of article L121-16 of the Consumer Code. Upon receipt of the goods, he has a period of 7 working days to return, in good condition and in its original packaging with the original invoice, the product to the seller and request an exchange or refund. The buyer who uses this option will have the obligation to proceed under his responsibility and at his expense, with the return of the goods to the address of our administrative headquarters SCA Les Caves Molière 8 Boulevard Pasteur 34290 ABEILHAN.
The refund will be made within 30 days of this return.
Les Caves Molière will only bear the cost of return (at the basic rate in force) if the following two conditions are met cumulatively :
– the delivery proves to be non-compliant with the order,
– you have made reservations with the carrier and you have sent us a copy of these reservations (see 4.6).
4.8. Guarantee – Limitation
Les Caves Molière guarantees that the Products are made in France and that they have undergone all the necessary care to ensure that they comply with the description which appears on the Site on the date of the order. Les Caves Molière also guarantees that the Products are of very good quality and are fresh when handed over to the carrier. This is the only guarantee granted by Les Caves Molière. No other express or implied warranty is granted. In particular, Les Caves Molière cannot guarantee that the Products meet the specific expectations of the Customer.
4.9. Liability – Limitation of Liability
The Customer is solely responsible for the choice of Products, their conservation from delivery and their use. In this regard, the Customer’s attention is drawn to the fact that he must not consume the Products beyond the deadlines indicated on the labeling, nor if it appears that the Products have deteriorated (due to the heat, problems during transport or any other cause). Under no circumstances can Les Caves Molière be held responsible for any damage resulting from this fact. Likewise, Les Caves Molière cannot be held responsible for non-compliance with the laws or regulations in force in the country of delivery, Les Caves Molière being solely responsible for compliance with French regulations relating to the Products. In any event, whatever the possible reason for the questioning of liability, the liability of Caves Molière is limited to the lower of the following two sums: (i) amount of direct damage suffered by the Customer, or ( ii) price of the order.
4.10. Data confidentiality :
In order to meet your needs and ensure optimal remote service, we have to record certain information about you (name, first name, address).
In application of the Data Protection Act of January 6, 1978, you have the right to access and rectify the data recorded.
You can also have them corrected by contacting Les Caves Molière 8 Boulevard Pasteur 34290 ABEILHAN.
C. INVALIDITY – FORCE MAJEURE – LAW
APPLICABLE – COMPETENT COURTS
If any of these General Conditions should be declared inapplicable or is invalidated for any reason, this invalidity or inapplicability will not affect the application or the validity of the other provisions of the General Conditions, that invalidated or deemed inapplicable being then replaced. by the closest possible arrangement. Neither Les Caves Molière nor the Customer can be held responsible for any non-performance that may have originated in a case of force majeure, beyond its control, including in particular, without this being limiting, cases of war, riot, insurgency, transportation disruption, import or export problem, strike, lockout, shortage, fire, earthquake, storm, flood.
These General Conditions are governed exclusively by French law. The court of Béziers will have sole jurisdiction for any dispute or dispute concerning them.
For all information, contact Les Caves Molière
8 Boulevard Pasteur
34290 Abeilhan
Tél./Fax : + 33 (0)4.67.390.020
email : caveau@lescavesmoliere.com
ALCOHOL ABUSE IS DANGEROUS FOR HEALTH. CONSUME IN MODERATION.