General Terms of Sale
The www.domaine-airial.fr site (hereafter referred to as the “Domain of airial”) is an e-commerce site from which wine and balsamic vinegars, as well as vine products under the brand name “Domain of airial” (hereafter referred to as “products”) are marketed to Internet users (hereafter referred to as “customers”).
The website www.domaine-airial.fr is published by the company GIORZA Cécile – Domaine de l’Airial, represented by Ms. Giorza Cécile, as Director, whose head office is located “Au Bourda”, 32330 LAGRAULET-DU-GERS, registered in the Register of Trade and Auch Societies under the number SIRET 501 878 235 00032, VAT number Intracommunautaire FR 38 501 878 235.
Phone: 05 62 68 20 04 Email: email@example.com
The following is referred to as “the seller,” or “the business.”
On the one hand,
And the individual or legal person purchasing products on this site.
The following is referred to as the “buyer,” or the customer.
On the other hand,
It was outlined and agreed:
The seller is a publisher of Products of the Airial Domain for consumers, marketed through its website (https://domaine-airial.fr/). The list and description of the products offered by the company can be found on the above site.
Any order validated on the website of the Domain of Airial requires the consultation and express acceptance of these terms and conditions of sale. In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001, taken for the application of Article 1316-4 of the Civil Code and relating to electronic signature, it is recalled that the validation of the order voucher constitutes an electronic signature that has the same value as a handwritten signature.
These General Terms of Sale (CGV) govern the sales of products, made through the company’s website, and are an integral part of the contract between the buyer and the seller. They are fully enforceable to the buyer who accepted them before ordering.
The seller reserves the possibility to modify these, at any time by publishing a new version on his website. The applicable GVCs are then those in effect on the date of payment of the order. These CGVs can be found on the company’s website at https://domaine-airial.fr/conditionsgénéralesvente .
The company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click. The customer states that he has been aware of all of these General Terms of Sale, and if any, the Specific Terms of Sale related to a product, and accept them without restriction or reservation.
The client acknowledges that he has benefited from the necessary advice and information to ensure that the offer is adequate to his needs.
The client declares that he is able to contract legally under French law or validly represent the individual or legal person for whom he is committed.
Unless there is evidence to the contrary, the information recorded by the company is proof of all transactions.
In accordance with Article L. 111-1 of the Consumer Code, the buyer may, prior to his order, be aware, on the website of the Domain of airial, of the essential characteristics of the product or products he wishes to order, of their respective prices, as well as, if necessary, the method of use of the product or products.
In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by way of marking, labelling, display or any other appropriate process, of the prices and conditions of the sale and execution of the services before any conclusion of the sales contract.
When products are not immediately available, clear information is given on the product presentation page regarding product delivery dates. The customer attests to having received details of the delivery costs as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the seller’s identity, postal, telephone and electronic contact information, and its activities in the context of this sale. The seller agrees to honor the customer’s order within the limits of the stocks of products available only. Failing that, the seller informs the customer; If the order has been placed, and if there is no agreement with the customer on a new delivery date, the seller will refund the customer.
Contractual information is presented in detail and in French and/or English language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity of the product offer and their prices are specified on the company’s websites, as well as the minimum duration of the contracts offered when they relate to a continuous or periodic supply of products.
The prices of products sold through the website are shown in Euros All Taxes Included and precisely determined on the pages of product descriptions, are those in effect at the time of the purchaser’s registration of the purchase order. The selling prices of the products can be changed at any time. They do not include shipping and order processing fees, charged in addition to the price of products purchased according to the weight of the order. Shipping costs will be shown before the purchaser registers the order.
For all products shipped outside the European Union and/or DOM-TOM, the price is calculated tax-free automatically on the invoice. Tariffs or other local taxes or import duties or state taxes may be payable in some cases. These rights and sums are not within the seller’s purview. They will be the responsibility of the buyer and are responsible (declarations, payment to the competent authorities, etc.). The seller invites the buyer to inquire about these aspects with the corresponding local authorities.
4. ONLINE CONTRACT CONCLUSION
The user can browse freely on the different pages of the site, without being hired under an order. Any order requires unrestricted or unqualified adherence to these terms and conditions of sale.
The site is freely accessible without registration, but any order requires the registration of the customer. They will be required to be asked for civility, first name, name, email, password, phone and delivery address. The customer who wishes to place an order chooses the product or products of his choice by clicking “Add to the basket”.
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete his order:
Information on the essential characteristics of the product;
Choose the product, if any, from its options. If the user wants to place an order, they will place the products in their shopping cart by clicking on the “Add to the Basket” box. At any time, the buyer will be able to obtain a summary of the products he has selected and modify his order, continue his product selection, complete his order.
Indication of the customer’s essential contact information (identification, email, address, etc.). To order the products he has chosen, the buyer will then have to identify himself by entering his email address as well as his password if he is already a customer either by filling out the form made available to him, on which he will include the information necessary for his identification with his name, first name, postal address. The buyer is informed and accepts that the seizure of any identifier is worth proof of his identity and manifests his consent.
Acceptance of these General Terms of Sale. From the moment the buyer has registered his order by clicking on the “Validate my order” icon, he is considered to have knowingly and unreservedly accepted the present terms and conditions of sale, prices, volumes and quantities of the products offered for sale and ordered.
Checking the elements of the order (formality of the double click). During the ordering process, the customer will have the opportunity to identify any errors in the data entry and correct it, or cancel the order.
The language proposed for the conclusion of the contract is the French and/or English language.
Confirmation of the order will take the formation of this contract.
Then followed the instructions for the payment of the products, then delivery of the order. The customer will receive confirmation by email of the payment of the order, as well as an acknowledgement of the order confirming it. He will receive a .pdf copy of these terms and conditions of sale. The company recommends that the Buyer keep the information contained in the order confirmation sent by Giorza Cécile – Domain of the Airial on a paper or computer support document.
The archiving of communications, order, details of the order, as well as invoices is carried out on a reliable and durable medium in order to constitute a faithful and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
For the products delivered, the delivery will be at the address indicated by the customer. For the purpose of carrying out the order, the customer undertakes to provide his truthful identification. The seller reserves the option to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
All orders are payable in euro. The buyer assures Giorza Cécile – Domaine de l’Airial that he has the necessary permissions to use the payment method he has chosen, when registering the purchase order. The payment must be made when ordering online by the buyer. At no time can the sums paid be considered as deposits or instalments. The seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum that is owed by the buyer, in the event of a payment incident or in the event of an existing dispute with the buyer.
For any payment, Giorza Cécile – Domaine de l’Airial reserves the right to request a photocopy of the buyer’s identity card and, if necessary, that of the holder of the payment method used by the buyer. As part of the fight against internet fraud, information about your order can be passed on to any third party for verification.
To pay for your order, the buyer has the following payment methods: bank card (Blue, Visa, Mastercard), Paypal.
Payments can be made by credit card; they will be carried out through Credit Agricole’s secure E-transactions system. It uses the Secure Socket Layer (SSL) protocol so that the information transmitted is encrypted by software and no third party can read it during the transport on the network. In order to ensure the security of credit card payment, the buyer will have to transmit to the company the visual cryptogram (CVV) on the back of the bank card used by the buyer. In case of payment by bank card, the buyer’s account will be debited on the day of his order.
In the event of a transfer payment, the buyer will issue his order of the order number concerned. The company will send the products as soon as the funds corresponding to the said order are received.
PayPal is a secure online payment method that allows you to shop securely without sharing your banking details.
Online assets are assets issued exclusively by Giorza Cécile – Domaine de L’Airial and can only be used by their beneficiary on the company’s website. They have a validity period of one year from the date of their issuance.
Penalties of a full applicable amount to unpaid amounts after a period of ten days after the date of settlement or upon notification of the rejection of bank payment for any other means of payment. Delivery of any new order may be suspended in the event of a late payment or partial payment of a previous order, notwithstanding the provisions of these orders.
6. DELIVERY TERMS
The Airial Estate delivers throughout the European Community for a financial contribution to the shipping costs.
The delivery method is chosen by the customer in the basket and before proceeding with the payment of the order. Delivery methods and their costs are displayed as soon as the customer has provided at least one address.
The products will be delivered to the address indicated by the buyer on the purchase order, a destination that must be consistent with the previously agreed geographical area. By default, invoices are sent to the email address indicated by the customer when they are registered. Without complying with the contractual terms described below, no buyer’s claim will be accepted.
The shipping costs are calculated according to the chosen mode of delivery and the weight of the package and therefore the quantity.
For metropolitan France, 2 delivery modes available:
In Relay Point: delivery at a point in the World Relay network. Your parcel is delivered to a merchant near you.
When you place your order, all Relay World Relay Points are presented to you as well as possible closing periods (holidays).
A parcel number is sent to you by e-mail as soon as the parcel is sent so that you can follow its delivery. This parcel number is also available at all times in your customer account.
The parcel is delivered in a sign of the Mondial Relay network. An email warns you of the arrival of the package in the Relay Point. You have 15 days to pick up the package. If you do not pick up the package within 15 days, it is automatically returned to the Airial Domain.
In Colissimo Follow-up: Home delivery in 48/72 hours. The package is presented by the postman during his tour. If the size allows it and there is no obligation to sign, it will be deposited in a mailbox. From now on, the package will be shown to you the next day. In the event of a further failure, The Colissimo or So Colissimo will be available at the counter to be given to the recipient upon presentation of an ID.
You will have access to the tracking of your parcel, thanks to the “follow a parcel” page of the Colissimo website. All you need to do is enter your Colissimo tracking number between 13 and 15 characters to access your mailing information, from its starting point to its hand-delivery at home or in a relay point.
For the European Union, shipments are made in Colissimo Suivi without signature for Zone 1, against signature for Zones 2,3 and 4. The time frame varies from 5 to 8 days in different countries.
For more information, see the terms and conditions La Poste Colissimo, Mondial Relay.
Customs There are no tariffs on products delivered in France or the European Community. For other countries, customs taxes may be payable. It is up to the customer to contact the customs services of his country to make a customs declaration if necessary. Mrs GIORZA Cécile – Domaine de l’Airial cannot be held responsible for any extra cost associated with these customs taxes. As a reminder, THE DOM TOM are considered outside the European Union and therefore subject to customs.
Shipping costs are charged based on the weight of the package, the country of delivery and the carrier chosen.
7. DELIVERY TIME
Any order validated and paid, Monday to Friday (excluding public holidays) before 1pm on the seller’s website, the preparation of the order will take place within 3 days (excluding weekends, holidays or holiday period indicated on the site), within the limits of available stocks. In case of a missing product, we send your order and refund your product through a DO valid throughout the shop for a period of 1 year. As soon as the order is shipped, the customer receives an email with the tracking information of his parcel.
In the case of an shipment to a relay point, the parcel will be made available in the relay point selected by the customer at the time of the order.
The delivery times correspond to those mentioned by the carriers (Mondial Relay, Colissimo or special carrier) excluding social movements, or major climatic events. For more information, see the terms and conditions La Poste Colissimo, Mondial Relay.
In any event, and in accordance with the provisions of Article L. 121-20-3 of the Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day after the buyer registered his order, subject to full payment of the price.
If delivery is not available within 30 days, the buyer will have the option to cancel his order. The sums paid by the buyer will then be returned to him without delay, to the exclusion of any other compensation.
In the event of a delay in delivery, the customer has the option to resolve the contract under the terms and conditions set out in Article L 138-2 of the Consumer Code. The seller then refunds the product and “go” fees under the terms of Article L 138-3 of the consumer code. The buyer will be able to report it by e-mail to allow Giorza Cécile – Domaine de l’Airial to conduct an investigation with the carrier. If the product is found during this investigation, it will be immediately re-routed. Otherwise, if the parcel sent is not found at the end of this period, the seller will re-ship the products ordered by the buyer at his own expense according to the available stocks. In case of product out of stock, the parcel may be the subject of a valid duty throughout the site.
If your parcel is not received on the scheduled dates, the Customer has 2 weeks to make a claim by sending an email to “firstname.lastname@example.org”.
An invoice is drawn up for each order and sent to the Buyer at the email address informed when ordering. It is attached to the pdf format of the order confirmation mail. The invoice can also be downloaded from the confirmation page of receiving the order via the “Download Your Bill” link. Any complaints about invoices must be made known to the Company by e-mail within 10 days of receiving them (“contact us”). Failing that, they are considered to be accepted without reservation. The possible incomplete delivery of an order cannot justify the refusal of payment of the delivered products. Any dispute between the Client and the Company is in no way a cause of suspension of the settlement of the uncontested part of the invoice.
Unless there is evidence to the contrary, the data recorded by the seller is evidence of all the transactions between the seller and his customers.
8. COMPLIANCE AND GUARANTEES
In accordance with Section L.411-1 of the Consumer Code, products and services offered for sale through these CGVs meet current requirements relating to the safety and health of individuals, the loyalty of commercial transactions and consumer protection. Regardless of any commercial warranty, the seller remains bound by the defects of compliance and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers a property in accordance with the contract and responds to any non-compliance that exists at the time of issuance. The seller refunds the buyer or exchanges products that appear to be defective or do not correspond to the order made. The refund request must be made as follows: by mail or email in the “contact us” section.
The seller reminds that the consumer:
Has 2 years from the time the property is issued to act with the Seller
– that it can choose between replacing and repairing the property subject to the conditions of the above provisions. apparently defective or not matching
That it is exempt to prove the existence of the lack of conformity of the property during the six months following the issuance of the property;
– that the consumer can also claim the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil Code and, in that case, he can choose between the resolution of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).
9. PROPERTY RESERVE CLAUSE
The seller retains full ownership of the products sold until the full price is fully collected, including principal, fees, taxes and contributions.
10. RIGHT OF RETRACTION
In accordance with Article L. 121-20-12 of the Consumer Code, the buyer has 14 free days from the date of receipt of your products to exercise your right of withdrawal without any justification to provide. To do this, please contact us by email with the order number. We will refund the affected product or products within 30 days of your request. Shipping costs for the return of the products remain your responsibility. Products must be in their original state (unopened, un smudged…). Otherwise, the refund cannot take place. Return shipping address: Domaine de l’Airial, “Au Bourda,” 32330 LAGRAULET-DU-GERS.
11. RETURN OF PRODUCTS BY MAIL
To return an item, the buyer must contact the company by email to notify the company of the return by specifying the order number. Once the seller has been notified, the buyer will send the relevant package to the address provided to him. The company will not accept parcels sent in due port. The buyer is responsible for the return until receipt of the parcel by Giorza Cécile – Domaine de l’Airial.
The buyer must ensure that the returned package is well packaged and have a tracking number. Products must be returned to Giorza Cécile – Domaine de l’Airial in a perfect state of resale, in their original state duly sealed, not used. When a buyer returns products, any risk associated with the return of the product is the responsibility of the buyer. If the above conditions are met, Giorza Cécile – Domaine de l’Airial will exchange the product or refund to the buyer, within 30 days, the sums corresponding to the products acquired by him, excluding postage. In case of abnormal or abusive returns, the seller may refuse to serve a later order.
The seller disclaims any liability, civil or criminal, that could result from improper use of his products. The seller cannot be held responsible for any indirect damage that may occur as a result of the purchase of the products. Similarly, the seller’s liability under the obligations of these General Terms of Sale cannot be incurred in the event of a occurrence of a force majeure event as defined by the French courts.
13. CLAIMS AND MEDIATION
If necessary, the Buyer can make any complaint by contacting the company, either by mail to the following address: Domaine de l’Airial, “au bourda,” 32330 LAGRAULET-DU-GERS, or by email email@example.com
In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he can use a consumer mediator under the conditions provided by Title I of Book VI of the Consumer Code.
If the request for a complaint to the Seller fails, or if the seller does not respond within two months, the consumer may submit the different to a Ombudsman of the Professional Federation of e-commerce and distance selling (FEVAD) who will attempt independently to bring the parties closer together in order to obtain an amicable solution.
14. NON-PARTIAL VALIDITY
If one or more stipulations of these terms and conditions of sale are considered invalid or declared as invalid under a law, regulation or as a result of a final decision of a competent court, the other stipulations will retain their full strength and scope.
The failure of one party to avail itself of a breach of any of the obligations covered by any of the obligations covered by these terms and conditions of sale cannot be construed in the future as a waiver of the obligation at issue.
16. CONTRACT RESOLUTION
The order can be resolved by the buyer by recommended letter with request for notice of receipt in the following cases:
Delivery of a product that does not conform to the characteristics of the order;
Delivery exceeding the deadline set for the order or, if not a date, within 30 days of payment;
unwarranted price increase or product modification.
17. INTELLECTUAL PROPERTY RIGHTS
All elements, drawings, models, texts, comments, photographs, graphics, logos, illustrations and images, animated or non-animated sequences, whether visual or sound, reproduced on the site domaine-airial.fr are protected under copyright, trademark law, patent law and image rights, for the whole world. They are the full property of Mrs. Giorza Cécile – Domain of the Airial
No transfer of intellectual property rights is carried out through these CGVs. Full or partial reproduction, modification or use of these propertys for any reason is strictly prohibited.
18. FORCE MAJEURE
The performance of the seller’s obligations at the end of these cases is suspended in the event of a fortuitous or force majeure case that would prevent its execution. The seller will notify the customer of the occurrence of such an event as soon as possible.
19. NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were cancelled, this nullity would not result in the nullity of the other stipulations that will remain in effect between the parties. Any contractual change is valid only after a written agreement and signed by the parties.
20. “COMPUTER SCIENCE AND FREEDOMS”
Personal data collected by the seller during any purchaser’s order (mainly name, first name, postal contact information, telephone number, email address, bank details, etc.) are necessary for the management of the order by the seller and his suppliers and may be used, subject to the rights exercised by the person concerned, in order to inform the buyer of the products or services provided by Giorza Cécile – Domaine de l’Airial and/or its suppliers.
The personal information collected will be retained as long as necessary for the performance of the contract, the fulfilment by the company of its legal and regulatory obligations or the exercise of the prerogatives recognized by law and jurisprudence.
Access to personal data is strictly restricted to employees and company employees, who are authorized to process it because of their duties. The information collected may eventually be communicated to third parties related to the company by contract for the performance of subprocessed tasks necessary for order management, without the need for customer authorization. It is specified that, in the course of the performance of their services, third parties have limited access to the data and have an obligation to use it in accordance with the provisions of applicable data protection legislation. Apart from the above cases, the company undertakes not to sell, lease, cede or give third parties access to data without the client’s prior consent, unless it is compelled to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of the defence, etc.).
In accordance with the amended Computer and Freedoms Act 78-17 of January 6, 1978, the purchaser and recipient of an order have the right to access and have data relating to it processed corrected, as well as the right to object to the processing of such data for direct commercial prospecting purposes.
By default, these rights are exercised with the seller by mail to the company, with contact information indicated in the “contact us” section of the Website of the Domain of Airial.
By ordering from the seller, the buyer can also be informed of the offers of the Domaine de L’Airial by e-mail, unless opposed by him.
Three types of emails can be sent
Personalised offers emails.
If the Buyer no longer wishes to receive these information messages, he can inform the seller at any time by mail or email at the contact details indicated in the contact section of the Website of the Domain of the Airial or via the churn link contained at the bottom of each of the emails sent by the seller. If there is a problem with this, the Buyer can contact the company’s customer service by email: firstname.lastname@example.org.
22. APPLICABLE LAW AND COMPETENT JURISDICTION
Sales of products and services of the company Giorza Cécile – Domaine de l’Airial are subject to French law. Any dispute between the seller and the buyer will, in the absence of an amicable agreement, be the jurisdiction of the Auch courts or the courts of the buyer’s place of residence.
All clauses in these terms and conditions of sale, as well as all purchase and sale transactions covered by them, will be subject to French law.
23. CONSUMER INFORMATION
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unsuitable for the purpose for which it is intended, or which diminish 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 of the Civil Code: The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for by Section 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the seller may be discharged from the apparent defects or defects of compliance.
Article L. 217-4 of the Consumer Code: The seller delivers a property in accordance with the contract and responds to any non-compliance that exists at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L. 217-5 of the Consumer Code: The property complies with the contract: (1) If it is suitable for the usually expected use of a similar property and, if this is the case: – if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or a model; – if it presents the qualities that a buyer can legitimately expect in relation to the public statements made by the seller , by the producer or by his representative, particularly in advertising or labelling; (2) Or if it has the characteristics defined by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and which the seller has accepted.
Article L. 217-12 of the Consumer Code: Action resulting from non-compliance is prescribed by two years from the issuance of the property.
Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a piece of furniture, a refurbishment covered by the guarantee, any period of downtime of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer’s request for intervention or to the provision for repair of the property in question, if this provision is after the request for intervention.