This automatic translation is given for information only. In case of dispute, only the french version titled "Conditions générales de vente" is binding.
The www.calvados-boutique.com site is the property of SARL Domaine Familial Louis Dupont in its entirety, and all rights pertaining thereto.
Reproduction in whole or in part, is always subject to permission from the owner. However, hypertext links to the site are permitted without specific requests.
These general conditions governing the sales contracts of our products between SARL Domaine Familial Louis Dupont and its clients, which will be called "Buyer (s)" or "customer (s) 'through the virtual store of www.calvados-boutique.com website.
Customers are consumers or professionals. Is only considered "consumer" as defined herein customer natural person acting for private purposes or for purposes that are not within the framework of a trade, business, craft, agricultural or liberal.
Certain provisions of these will apply exclusively to business customers or vice versa consumer customers. In this respect, professional clients undertake to indicate their professional capacity when passing their order.
2. Acceptance of Terms
The general conditions of sale are those in force on the day of placing the order by the customer.
The customer acknowledges having read, at the time of ordering, the general conditions of sale and expressly accept them.
In any case, the confirmation of the order confirming the full acceptance of these conditions by the client.
The provisions of these terms can not be modified by contrary stipulations, without the express written consent of the parties.
SARL Domaine Familial Louis Dupont reserves the right to adapt, modify or update at any time the terms and conditions of sale. In case of adaptation, modification or updating, will be applied to each order the general sales conditions in force at the date of placing the order.
The fact that one party does not prevail at a given time of any of these Terms shall be construed as a waiver to take advantage later of any of the said conditions. The cancellation of a clause of these conditions does not affect the validity of the general conditions as a whole.
3. Presentation and availability of products
SARL Domaine Familial Louis Dupont takes the greatest care to the provision of information concerning the essential characteristics of the products by including descriptions and photographs of the products. In any event, the responsibility of the SARL Domaine Familial Louis Dupont can not be held due to any changes or errors in the description of the characteristics of the product purchased, unless, however, that its essential characteristics are thereby affected.
Products are offered for sale in the stocks.
The majority of products offered to its customers by SARL Domaine Familial Louis Dupont are available in our cellars.
Nevertheless it may happen exceptionally that following a major order from the customer that the product is no longer available in sufficient quantities in stocks, especially for vintage ciders and calvados or in restricted stock. In this case, the SARL Domaine Familial DUPONT inform the customer of the situation in the shortest possible time to find out if he wants partially maintain order or cancel it.
The customer declares his ability to enter into this contract, that is of legal age and not be under guardianship for consumer customers and be duly registered in the Register of Commerce and Companies for business customers.
Under Ordinance No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974, the sale of alcohol to minors under 16 is prohibited. Anyone ordering cider, calvados, or any form of alcoholic beverages at the SARL Domaine Familial Louis Dupont engages in any event to be 16 years old on the date of the order.
The customer will order in accordance with the indications given him on the site.
Once the selection / product (s) is complete, the customer can access his cart summarizing the number of items selected and the total price including VAT, as shipping charges.
Before confirming the order, the customer can check the selected products, the quantity and price, and correct any errors.
To place an order, the customer is prompted to create an account or to identify if it is already registered.
The customer agrees to complete the registration form and its control by ensuring that the necessary information, complete and accurate.
In any case, the customer is responsible for the information entered during the order taking.
Before confirming their order, the customer can view the terms and conditions and accepts to finalize the order.
The automatic registration systems are considered as proof of the nature, content and date of the order.
For safety reasons, the SARL Domaine Familial Louis Dupont may have to ask the customer a copy of his identity document for verification.
In any event, the SARL Domaine Familial Louis Dupont reserves the right not to accept an order for a legitimate reason -Fixed about understanding the order received, foreseeable problem concerning the delivery, or abnormality of quantities etc ... . - Then it will notify the customer by email. It also reserves the right not to satisfy any client request which would be exorbitant or derogatory to common law or to its general conditions or in case of pending litigation with the customer.
The order is prepared when the SARL Domaine Familial Louis Dupont has collected payment.
The information stated by the buyer, when taking control commit this: if error in the recipient's details, SARL Domaine Familial Louis Dupont can not be held responsible for failure in which he could deliver the product or recipient error. Any defects or delays in delivery that would follow could be in any way be opposed to the SARL Domaine Familial Louis Dupont.
Moreover, if all or part of the delivery address are incorrect forcing the carrier to return the package (s) to SARL Domaine Familial Louis Dupont, the customer would bear the consequences.
SARL Domaine Familial Louis Dupont reserves for example the right to charge transport costs and handling associated with returning products in its warehouse either:
- For France: 35 € (flat rate)
- For other destinations (in Europe): 70 € (flat rate)
The return of the order at the customer will be then carried out after acquittal again shipping charges for their actual amount (on estimate and prior acceptance).
5. Price and payment
Prices are quoted in Euros (€) including excluding postage. The prices mentioned on the site are valid at the time of consultation by the client or for the period indicated.
Prices charged are those in effect at time of order.
SARL Domaine Familial Louis Dupont reserves the right to change its prices at any time. However, no changes after the order taking can be applied.
shipping costs, customs duties and formalities are the exclusive responsibility of customers. shipping costs are indicated to the customer on the website and in any case in the order summary, with the total price, before its validation.
Orders are payable in euros in full and in cash.
Payment is by credit card bearing the initials CB.
Solution E-Transactions allows the customer to pay via a bank server Agricole Crédit Normandy in a secure environment.
The credit card number is directed to the servers of the bank, the payment is made directly to a bank in a secure environment without going through the server of the shop, ensuring even more important than the numbers are only known to the banking partner of the SARL Domaine Familial Louis Dupont, Credit Agricole of Normandy.
The order validated by the customer will be considered effective when the bank payment centers concerned have given their consent. In case of refusal, the order will be canceled and the customer notified by email.
Delivery is made to the address given by the customer when ordering. It is recalled that the SARL Domaine Familial Louis Dupont does not in any way be held responsible for delays and / or non-delivery due to wrong address or wrong or which delivery proves impossible.
All products of the SARL Domaine Familial Louis Dupont are transported by transport companies with national coverage. The products are insured against theft and breakage.
a) Transfer of Title
And until actual payment of the price, the company SARL THE AREA FAMILY LOUIS DUPONT retains ownership of the goods sold. The complete rules will be worth transfer of ownership, however, the buyer becomes responsible for items upon delivery, transfer of possession worth risk transfer.
b) Delivery Time
SARL Domaine Familial Louis Dupont can not exactly guarantee delivery. However, it is able to inform the customer of the established means possible. For France, orders are usually delivered within 5 days, the Intra country within 10 days, other countries within 15-20 days after removal.
In any event, failing to deliver within the possibly expressly agreed upon or, failing agreement on a delivery in the event of failure to deliver within 30 days after the conclusion of the contract, the consumer customer may give notice to the SARL Domaine Familial Louis Dupont, by registered letter with acknowledgment of receipt, to make the delivery within a reasonable additional period. A default by the SARL Domaine Familial Louis Dupont in this new period, the consumer customer can solve the contract by registered letter with acknowledgment of receipt. The contract will be resolved upon receipt by the SARL Domaine Familial Louis Dupont of this letter unless it is executed in the meantime; the sums paid by the consumer customer would then be refunded without interest or compensation at the latest within 14 days of the date on which the contract was terminated.
c) Return of goods in the absence of the customer upon delivery
In case of absence during the delivery, the products will be stored s pending in the warehouses of the carrier (the period of retention varies by carrier and indicated on the notice of passage). If the products were not removed at the end of the period of retention, then these will be returned to the customer's expense in the warehouses of the SARL Domaine Familial Louis Dupont and for a lump sum of:
- € 35 including VAT for Metropolitan France.
- € 70 including VAT for the other destinations in Europe.
d) Force Majeure
SARL Domaine Familial Louis Dupont can not be held responsible for loss, damage, errors or non-delivery of an order that would be due to a case of force majeure.
For business customers, the term force majeure any event making it impossible or clearly more difficult the performance of an obligation because of the unpredictability or irresistible external event, these three criteria are alternatives, such as fires, natural disasters, paralysis channels of road transport or other supply disruptions of energy, blockages of telecommunications and computer networks, ... etc., as well as any other event considered by law or jurisprudence as a case force majeure.
e) Customs duties & Miscellaneous
For deliveries outside mainland France, the customer agrees to pay all taxes due to the importation of products, customs duty, value added tax and other taxes due under the laws of the receiving country of the order.
SARL Domaine Familial Louis Dupont fact emerges from liability if the payment of taxes was not made by the customer.
7. Control of parcel receipt.
Each delivery is considered made from physical delivery of Products to Customer or its agent, which is committed to signing the receipt of the Products.
Products travel at the risk of the professional client.
Upon receipt of the order and the delivery person, the customer must make a connection between the order and the quantities and references delivered by ensuring:
- The number of packages delivered corresponds to the number of packages ordered (as specified in the mail from the order). that bands safeguards are present and intact.
Indeed, all packages of SARL Domaine Familial Louis Dupont are secured by a guarantee band.
This guarantee band is a witness to non-intrusion in the package. Upon receipt of the package, it is requested the customer to pay special attention to this guarantee strip. If the tape is missing, damaged or rescotchée, then there is a strong suspicion of repackaging by the carrier (due to theft or breakage of being traveling). In this case you must open the package to conduct a full inventory and in the presence of the carrier.
- The packages do not have any task, halo or moisture.
When in doubt, we recommend the customer to open or suspicious packages and make an accurate inventory of products missing / broken based on his bill.
In case of dispute, damage to the product during transport, damaged, missing or late, it is the customer to issue quantitative and qualitative reserves the signed receipt of transport and confirm them by registered letter with acknowledgment of receipt within 3 days, excluding holidays, after receipt of goods. A copy of this letter should be sent to SARL Domaine Familial Louis Dupont, any anomaly must imperatively be reported by the customer to the SARL Domaine Familial Louis Dupont in accordance with section 9.2 hereof.
It is stated that one should not write on the delivery "with reservations" or even "subject to unpacking" the reservation with no legal value. The customer must clearly state in writing the nature reserve and in detail (eg missing 1 bottle of calvados out of 70cl age / missing 1 carton Cider reserve).
Pursuant to Article L. 224-65 of the Consumer Code, when the consumer customer takes delivery of personal objects transported and where the carrier does not justify having left him the opportunity to actually check their condition, the period mentioned above above is increased to ten (10) days.
The absence of clear and accurate written reservations on the delivery receipt leads to full acceptance of the client and prevent any further claim.
SPECIAL CASE OF DELIVERY BY MAIL:
In case of problems during delivery by post (breakage, theft ...) it is requested the customer to reject the package in its entirety (even if the damage is only partial (eg just 1 bottle missing in the package). Otherwise, the Post will consider that the customer has accepted the package in its entirety and does not take into account of the reservations.
Pursuant to Article L. 221-18 of the Consumer Code, the consumer customer has a withdrawal period of fourteen (14) days from the date of receipt of the goods ordered.
To exercise his right of withdrawal, the consumer customer shall, within the time specified above, contact the SARL Domaine Familial Louis Dupont, writing stating unambiguously its determination to retract or return the form type of exercise of the right of withdrawal (bottom of this document) the contact details provided in Article 12 hereof.
The consumer customer must return the product to the address specified in Article 12 hereof, within fourteen (14) days of the communication of its decision to withdraw, in their original packaging with all accessories .
The cost of returning the goods remain at the consumer customer.
SARL Louis DUPONT Family Estate will reimburse the consumer customer within fourteen (14) days from receipt of the decision to withdraw. Nevertheless, the SARL Domaine Familial Louis Dupont is entitled to defer repayment until the product recovery.
Payments are made on the same terms as those used to make the payment of the products except consumer customer express consent to the use of other means of payment.
9. Complaints, liabilities, legal guarantees
9.1. legal guarantees
SARL Domaine Familial Louis Dupont held with legal safeguards in place namely, the legal guarantee of conformity (L.217-4 and following of the Consumer Code for consumers Customers and 1603 of the Civil Code for Business Customers ) and the legal guarantee against hidden defects (Article 1641 of the civil Code).
When acting legal guarantee of conformity, the consumer customer:
- Granted a period of 2 years from delivery of the product to act;
- Can choose between repair or replacement of the property. SARL Domaine Familial Louis Dupont may nevertheless not proceed according to the consumer customer choice when that choice leads to a manifestly disproportionate cost in relation to the other modality considering the property value or importance of the defect.
- Is not required to provide proof of the existence of the lack of conformity of the property for 24 months from delivery of the goods.
The legal guarantee applies regardless of the possibly granted commercial guarantee.
When acting implied warranty, the consumer customer can choose between the cancellation of the sale or reduction of the selling price, in accordance with Article 1644 of the Civil Code.
9.2. Complaints and returns for non-compliance
Without prejudice to any reservations to the carrier under the terms of Article 7, claims about defects or non-conformity of products delivered to the products ordered will be made to the SARL Domaine Familial Louis Dupont, by any means .
Products must be returned by the customer, after express consent of the SARL Domaine Familial Louis Dupont, with all their possible accessories.
The return will result in the replacement of missing or broken products, after qualitative and quantitative verification of the returned products and the reality of the defect or non-compliance alleged (e).
When the responsibility of SARL Domaine Familial Louis Dupont is committed to following a fault on its part, repair applies only to direct, personal and certain that the client has been with the express exclusion of repair any damages and / or indirect and consequential damages, such as financial loss, reputational, ... etc. The amount of damages that the SARL Domaine Familial Louis Dupont may have to pay the professional client under the above conditions is in any case limited to the total amount of the order of the products concerned.
SARL Domaine Familial Louis Dupont can not be held liable for damages of any kind, whether tangible or intangible property, which could result from the misuse of products sold.
SARL Domaine Familial Louis Dupont can not be held responsible for damage, temporary or permanent damage to the computer system of the Client or for any loss or damage that would be suffered in particular following the access or navigation on the site. Data transmission over the Internet can only lead to errors and / or the fact that the site is not always available. Therefore, the SARL Domaine Familial Louis Dupont can not be held liable for the availability and the interruption of the online service.
This contract is subject to French law.
In case of difficulties in implementing this contract, the consumer customer has the option, before any legal action, to use a conventional mediation or other alternative dispute resolution.
The consumer customer may submit the entire dispute between the SARL Domaine Familial Louis Dupont to a mediator of consumption. Pending the establishment of the mediation process, SARL Domaine Familial Louis Dupont refer to the following link: http://www.economie.gouv.fr/mediation-conso/saisir-mediateur
Prior to the Ombudsman, the consumer customer agrees to make a complaint to customer service SARL Domaine Familial Louis Dupont.
All disputes between the SARL Domaine Familial Louis Dupont and professional customer concerning the execution of these conditions will be the exclusive jurisdiction of the courts of CAEN (14) which is expressly and in advance allocation of jurisdiction and that even if of appeal or multiple defendants.
11. Personal data
The Intelligence information collected for purposes of distance selling is required, this information is essential for processing and delivering orders and preparing invoices ..
In accordance with the "Data Protection" law, the processing of personal information about customers has been declared to the Commission Nationale Informatique et Libertés (CNIL).
As noted, the processing of such personal data intended order processing.
The customer has a right to access, modify, rectify and delete data concerning him, he can practice before the SARL Domaine Familial Louis Dupont by contacting the contact details provided in section 12.
The use of personal information for purposes other than those mentioned above will only be possible when the client has given its approval.
SARL Domaine Familial Louis Dupont
tel: +33 (0) 231 632 424
fax: +33 (0) 231 631 476