GENERAL CONDITIONS OF SALE
ARTICLE 1: LEGAL INFORMATION
Company name : SAS Domaine des Bernard
Head office and customer service : 1 Pallus, 37500 Cravant les Coteaux
Phone number : + 33 (0)2 47 97 40 66 Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 6 p.m.
Intra-community VAT number : FR 12 912 292 760
Email : domainedesbernard@orange.fr
ARTICLE 2 - SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
2.1 / These General Terms and Conditions of Sale (“GTC”) are applicable to the sale of “Domaine des Bernard” products (hereinafter “the Products”) accessible on the website: https//www.domainedesbernard.com/, Shop section (hereinafter the “Site”), and determine the contractual conditions applicable to the sale of the Products.
2.2 / These GTC fully govern the relations between Domaine des Bernard and the purchaser (“hereinafter the Purchaser”). Any purchase of Products entails the full and complete acceptance of these GTC by the Purchaser. No special condition may prevail over the GTC of Domaine des Bernard. Any contrary condition set by the Purchaser will therefore be unenforceable in the absence of express and written acceptance by Domaine des Bernard or a person with authority for these purposes.
2.3 / These terms of sale govern only relations with adult individuals purchasing for their personal needs and legal entities purchasing for their non-professional needs. Professional Buyers who wish to order Products may contact the sales department directly at +33 (0)2 47 97 40 66 (email domainedesbernard@orange.fr) of the Domaine des Bernard. The Domaine des Bernard reserves the right not to deliver any order that appears to contradict a personal purchase, in particular with regard to the volume of Products ordered.
2.4 / The T&Cs are binding on the Buyer who acknowledges, by checking the box provided for this purpose, having read them and having accepted them without reservation before placing an order. Concerning professionals, they waive the application of their general terms of purchase as well as all stipulations that could be printed on their order forms and/or their correspondence by ordering via the Domaine des Bernard online store. Placing an order implies the Buyer’s full and unconditional acceptance of these General Terms and Conditions. They constitute the sole contractual document binding on the parties, to the exclusion of all other documents, prospectuses, catalogues or photographs, on any medium whatsoever, which have only an indicative value.
2.5 / These General Terms and Conditions made available to Buyers on the Site are regularly updated. The latest version of the General Terms and Conditions applicable to the order is the one communicated to the Buyer when ordering. Domaine des Bernard reserves the right to modify these General Terms and Conditions. These modifications will be applicable to current contracts on condition that the Buyer, duly notified, has not expressed his disagreement within seven working days.
PROTECTION OF MINORS – CONSUMPTION OF ALCOHOL
In accordance with Article L 3342-1 of the Public Health Code, which states that the sale of alcohol to minors is prohibited, the Purchaser undertakes, by completing the order form, to be of legal age on the date of the order and to have the capacity to purchase alcohol. Any false declaration will incur the liability of its author.
Alcohol abuse is dangerous for your health. Consume in moderation. The consumption of alcoholic beverages during pregnancy, even in small quantities, can have serious consequences on the health of the child.
ARTICLE 3 - OFFER AND PRESENTATION OF PRODUCTS
The products are available on the Site in the “Shop” area.
The sales offer concerns mainland France for online sales, for any other request, contact Domaine des Bernard at this address: domainedesbernard@orange.fr.
Each Product or category of Products offered benefits from a visual, a description and a price displayed.
The Products marketed by Domaine des Bernard on its website are described and presented with the greatest possible care and accuracy in order to summarize its main characteristics. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The offers are valid as long as they are visible on the Site. Domaine des Bernard will never be held liable in the event of temporary unavailability of some of its products on the site. Domaine des Bernard reserves the right to withdraw any Product from online sale at any time.
ARTICLE 4 - ORDER
The Buyer places his order through the Site.
All contractual information is presented in French.
The Buyer must select the products/boxes offered and add them to his basket
4.1 / Opening a Customer account The Buyer, when placing his first order, must open an account and complete a form, including his name, first name, address and telephone number. When registering, the Buyer undertakes to provide complete and accurate personal information, and to update it if necessary. The use of pseudonyms is strictly prohibited.
Buyers are reminded that Article 226-4-1 of the French Penal Code punishes with one year of imprisonment and a fine of €15,000 the act of usurping the identity of a third party or using one or more data of any nature allowing the identification of the third party in order to disturb their peace or that of others, or to harm their honor or reputation. The Buyer who notices one or more facts constituting the offense of identity theft must immediately inform the Domaine des Bernard at the following address: domainedesbernard@orange.fr. The purchase of Products is reserved for persons with the capacity to contract within the meaning of Articles 1123 and 1124 of the French Civil Code. As such, minors under the age of 18 are unable to purchase any Product on the Site
The Purchaser is responsible for the safekeeping and use of his/her username and password that will be used to connect to his/her account
The Purchaser is solely responsible for the equipment with which he/she accesses the Site (purchase, maintenance, etc.), which he/she has custody of, including his/her email address, username and password, etc. He/she must not leave his/her mobile phone or any other mobile device unattended.
The Purchaser undertakes to take all necessary and useful measures to protect and secure his/her equipment, username and password, in particular by never communicating his/her username and password to third parties or by leaving them accessible to them.
The Purchaser is fully informed of the risks associated with the loss or theft of his/her username and password, hacking of his/her equipment or any other fraudulent action allowing unauthorized use of his/her account.
Buyers acknowledge that their access to the Site may be subject to certain technical requirements. Thus, Buyers must have a high-speed internet connection and a recent browser. Failing this, any difficulties encountered with the Site’s operation cannot in any way engage the responsibility of Domaine des Bernard. In the event of knowledge of manifestly illicit actions by a Buyer in the context of their activity on the Site or in connection with the latter and/or in the event of a violation of the provisions of these General Terms and Conditions and/or any legal or regulatory obligations, Domaine des Bernard may, immediately, without notice or compensation, delete or suspend the Buyer’s account. Domaine des Bernard reserves the right to pursue before the competent judicial authorities any use of the Site that does not comply with these General Terms and Conditions. The Buyer may suspend or close his account at any time, for any reason, by sending the request to customer service by email at domainedesbernard@orange.fr. This deletion will take effect after the expiry of the cancellation and withdrawal periods relating to the most recent order placed by the Buyer.
If the Buyer deletes his account, the latter will no longer be able to place an order via the Site, unless he creates a new account.
4.2 / Placing an order
1. Select the Product and add it to his basket.
2. Validate his basket by clicking on the “Order” icon
3. Complete the order form. In the event of prolonged inactivity when connecting, it is possible that the selection of Products chosen by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to start his selection of Products again from the beginning.
4. Check the elements of the Order and, if necessary, identify and correct errors.
5. The Buyer confirms his acceptance of these general terms and conditions of sale by clicking on the icon “I have read and accept the general terms and conditions of sale before paying (read the T&Cs).”.
6. Pay for the Order (Total Order Price detailed by Product ordered) by clicking on the “Order and pay” tab.
7. Follow the instructions of the online payment server (specify which company you are using if necessary) to pay the total of the order.
The Buyer receives electronically and without delay an acknowledgement of receipt including the essential information of the order constituting confirmation of the latter and acceptance of the payment (the “Order Confirmation”). In addition, the Buyer receives an email confirming the payment by contact@domainedesbernard.com.
The sales contract between the Domaine de Bernard and the Buyer is formed when the Buyer clicks on the “Pay my order” button when registering his order. Until this final step, the Buyer will have the possibility to return to the previous pages and to correct and modify his order and the information previously provided.
4.3 / Refusal of an order In accordance with the provisions of Article L.122-1 of the Consumer Code, Domaine des Bernard reserves the right to refuse any order from a Purchaser in the event of non-payment, late payment, partial payment, rejection of the means of payment or opposition to payment by the account-holding bank, but also in the event of a previous dispute relating to the payment of a previous order or in the event of an abnormal order, placed in bad faith or issued from countries not covered by these General Terms and Conditions. In this case, Domaine des Bernard will inform the Purchaser within a reasonable time. In the event that the order is sent to the Purchaser, Domaine des Bernard will be entitled to ask the Purchaser to return the Products in the original packaging or equivalent.
ARTICLE 5 - PRICE
The prices of the Products indicated on the pages of the Site correspond to the price including all taxes, including participation in the costs of logistical preparation, excluding participation in the shipping costs. The amount of the delivery costs is indicated to the Purchaser at the start of the order and are calculated according to his basket. A table is displayed at the bottom of the basket page to calculate the shipping costs by indicating his postal code.
| All-inclusive package | First Zone* | Second Zone* | Third Zone* | Fourth Zone* |
|---|---|---|---|---|
|
Package less than 12 Bottles |
30.00€ |
35.00€ |
35.00€ |
40.00€ |
|
Package less than 36 Bottles |
35.00€ |
40.00€ |
40.00€ |
45.00€ |
|
Package less than 60 Bottles |
45.00€ |
50.00€ |
50.00€ |
55.00€ |
|
Package + 60 Bottles |
See with us |
See with us |
See with us |
See with us |
Below is a table showing which area your postcode falls into, you can use the search bar below to find it faster (only the first two digits are needed).
Première Zone | Deuxième Zone | Troisième Zone | Quatrième Zone |
|---|---|---|---|
36 | 35 | 03 | 01 |
37 | 44 | 14 | 02 |
41 | 45 | 16 | 04 |
49 | 53 | 17 | 05 |
72 | 75 | 18 | 06 |
85 | 77 | 19 | 07 |
86 | 78 | 22 | 08 |
91 | 23 | 09 | |
92 | 24 | 10 | |
93 | 27 | 11 | |
94 | 28 | 12 | |
95 | 29 | 13 | |
33 | 15 | ||
56 | 21 | ||
58 | 25 | ||
59 | 26 | ||
60 | 30 | ||
61 | 31 | ||
62 | 32 | ||
63 | 34 | ||
76 | 38 | ||
79 | 39 | ||
87 | 40 | ||
89 | 42 | ||
43 | |||
46 | |||
47 | |||
48 | |||
51 | |||
52 | |||
54 | |||
55 | |||
57 | |||
60 | |||
64 | |||
65 | |||
66 | |||
67 | |||
68 | |||
69 | |||
70 | |||
71 | |||
73 | |||
74 | |||
80 | |||
81 | |||
82 | |||
83 | |||
84 | |||
88 | |||
90 |
Domaine des Bernard reserves the right to modify the prices of the Products presented on the site. However, the Products will be invoiced to the Purchaser on the basis of the rates in effect at the time of validation of the order.
The Purchaser is responsible, for the entire duration of the order, for all sums due for the provision of the service provider’s services. He also undertakes to respect the method and payment period defined in article 6 of these General Terms and Conditions, without prejudice to any special conditions agreed between the parties on this subject.
ARTICLE 6 - PAYMENT TERMS
Payment for the order is made by credit card (secure online payment). The Site is equipped with an online payment security system allowing the Purchaser to encrypt the transmission of banking data. The Purchaser must indicate their card number, the month and year of expiry mentioned on it, as well as the cryptogram on the back and then validate their payment. The security system is based on 3D-Secure authentication with a request for payment authorization from the Purchaser’s bank. The payment order made electronically cannot be cancelled. Therefore, payment for the order by the Purchaser is irrevocable, without prejudice to the Purchaser exercising their right of withdrawal or subsequent cancellation of the order. The transfer of ownership of the Product to the Purchaser will only take place when the price has been fully collected by the Domaine des Bernard.
Please note the disclaimer, recalling that the online payment component will be the final responsibility of our service provider Payplug.
ARTICLE 7 - DELIVERY TERMS - TRANSPORT
The order is handled by the carrier Schenker, who sends an SMS to the customer as soon as it is shipped so that he can choose the delivery date. Thus, on the day of delivery, he will receive a notification by SMS or email. The customer has access to the “Scheduler, tracking, Connect 4.0” services of the carrier Schenker.
ARTICLE 8 - RETENTION OF TITLE
The transfer of ownership of the Products is only made when the Domaine des Bernard has received full payment of all sums due in relation to the Order.
ARTICLE 9 - UNAVAILABILITY OF PRODUCTS
9.1 / The Products are presented for sale within the limit of available stocks, in particular within the framework of promotional operations organized on the Site.
9.2 / In the event of unavailability of one or more Products appearing in the validated order, the Domaine des Bernard undertakes, at the choice of the Purchaser, either (i) to cancel the order and reimburse the Purchaser, or (ii) to offer equivalent Products at an equivalent price, within the limit of available stocks.
ARTICLE 10 - COMPLAINT
10.1 / If a Buyer considers that they have received a Product that they consider to be defective or non-compliant, i.e. that it does not correspond to its technical description as it appears on the website, they must contact customer service at the following email address: domainedesbernard@orange.fr or by post to the following address: 1 Pallus, 37500 Cravant les Coteaux, specifying the defect or non-compliance in question.
10.2 / The Buyer shall provide all justification for the designation of the apparent defects and/or anomalies noted. The Buyer shall give Domaine des Bernard every facility to note these defects or non-conformities and to remedy them if necessary. They shall refrain from intervening themselves or having a third party intervene for this purpose.
10.3 / If the defects and/or anomalies are confirmed by Domaine des Bernard, it will then send its instructions on how to proceed after having taken note of the complaint thus formulated and, if necessary, will proceed to the replacement of the Product for which Domaine des Bernard would have been led to note the lack of conformity, or the defect.
10.4 / In the event that the exchange of the Product is impossible, Domaine des Bernard will be required to reimburse the Purchaser within fourteen days following receipt of the Product. The reimbursement will be made on the proposal of Domaine des Bernard by credit to the bank account of the Purchaser or by bank check addressed to the name of the Purchaser who placed the order and to the billing address, the Purchaser being able to opt for a different method of reimbursement than that proposed.
ARTICLE 11 - GUARANTEES
The Buyer benefits from the provisions of the legal guarantee of conformity and hidden defects provided for by law, and in particular, articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code (guarantee of conformity) as well as articles 1641 and 1648 (guarantee of hidden defects), first paragraph, of the Civil Code.
Article L. 211-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.”
Article L. 211-5 of the Consumer Code: “To comply with the contract, the good must: 1º Be suitable for the use usually expected of a similar good and, where applicable:
Correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
Present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or present the characteristics defined by mutual agreement by 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. “
Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.” Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.” The Purchaser is informed that the company domaine des Bernard is the guarantor of the conformity of the Products to the contract within the framework of these two legal guarantees. If the Purchaser requests the guarantee of conformity, he can choose between the repair or the replacement of the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code.
The Purchaser is exempt from providing proof of the existence of the lack of conformity of the Product
during the twenty-four (24) months following delivery of the Product.
Furthermore, the Purchaser may decide to implement the guarantee against hidden defects of the
thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between the
resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 12 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Articles L. 121-21 et seq. of the French Consumer Code, the dissatisfied Buyer has the right to return the Product(s) delivered without having to provide a reason. The Buyer must notify Domaine des Bernard within fourteen days of receipt of the last Product ordered using the standard withdrawal form that will be attached to the shipment of the Product and which is annexed hereto.
The return costs are the responsibility of the Buyer. The Product must be returned to Domaine des Bernard no later than fourteen days following notification of withdrawal. The Products must be returned in their original packaging or equivalent, insofar as they are fragile Products.
It is expressly specified that the amount of the refund thus made will be that of the totality of the sums paid, including the delivery costs, without undue delay and at the latest within fourteen days from the date on which the Domaine des Bernard was informed of the Purchaser’s decision to exercise his right of withdrawal.
The Purchaser is liable for the depreciation of the Products resulting from handling other than that necessary to establish the nature and characteristics of the Product.
ARTICLE 13 - RESPONSIBILITIES
The Buyer is solely responsible for his Internet connection and before any use of the Website, the Buyer must ensure that he has the technical and IT resources allowing him to order the Products and that his browser allows secure access to the Site. The Buyer must also ensure that the computer configuration of the hardware/equipment used to place the order is in good working order and does not contain viruses. Domaine des Bernard cannot be held responsible for the non-performance of the T&Cs in the event of force majeure as defined by the case law of the French courts, and in the event of non-performance or poor performance of the T&Cs attributable to the Buyer or the unforeseeable and insurmountable act of a third party.
ARTICLE 14 - INTELLECTUAL PROPERTY
All Product names, brands, logos, models and designs (the “Intellectual Property Rights”) indicated on the Products or indirectly linked to the Products are the exclusive property of the Domaine des Bernard.
The Purchaser acknowledges the ownership rights of the Domaine des Bernard over the Intellectual Property rights and will refrain from any use, representation, reproduction, modification or adaptation of these Intellectual Property rights, as well as any behavior that could infringe these rights.
Registration on the Site does not entail any transfer of intellectual property rights to the Purchaser, who is solely responsible in the event of non-compliance with the aforementioned provisions. The Site may contain hypertext links to third-party websites, managed by third parties, over which the Domaine des Bernard exercises no control.
Consequently, the Domaine des Bernard declines all responsibility for the content of these third-party sites, the use that could be made of them as well as the content to which these third-party sites may refer, for which the third party concerned is solely responsible.
ARTICLE 15 - PROTECTION OF PERSONAL DATA
Buyers must create an account on the Site and provide certain personal data to place an order, including in particular their title, first and last name, email address, etc. The Buyer acknowledges having knowledge of this. Domaine des Bernard undertakes to use the personal information of Buyers only in the context of operating its Site. As such, information concerning them may be communicated to technical service providers of Domaine des Bernard.
The personal data of Buyers is subject to automated processing by Domaine des Bernard, which is the data controller, for the purposes of managing and administering the commercial relationship with the Buyer as well as prospecting. There are two types of data collected:
– the data marked with an asterisk when creating the customer account (first and last name, address, etc.) and/or placing the order are necessary for the proper execution of the order and in particular for the delivery and invoicing of the order;
other data requiring an optional response when creating the customer account and/or placing the order, voluntarily communicated by the Purchaser who may withdraw his consent at any time, without affecting the lawfulness of the processing given on the consent given before its withdrawal.
The data collected when creating the Customer account (last name, first name, address, etc.) and/or placing the order are kept for a period of three years from either the end of the commercial relationship or their collection or the last contact from you. This data may then be archived for an additional period for reasons strictly limited and authorized by law (payment, warranty, disputes, etc.).
In accordance with the applicable regulations on the protection of personal data (arising from May 25, 2018 from the European Regulation on the Protection of Personal Data), the Purchaser has the right to request access, rectification or erasure of personal data, or a limitation of processing, or the right to object to processing and the right to data portability which he can exercise by sending an email to the following address: domainedesbernard@orange.fr or by writing to the Company’s head office.
ARTICLE 16 - CONVENTION ON EVIDENCE
Both Parties agree that the emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, in particular, with regard to the transmission and acceptance of orders.
Unless proven otherwise, the data recorded by the Domaine des Bernard constitute proof of all transactions.
ARTICLE 17 - INVALIDITY – ABSENCE OF WAIVER
The cancellation or invalidity of one of the clauses of these General Terms and Conditions shall in no way affect the validity and application of the other clauses.
The fact that Domaine des Bernard does not assert at any given time any of the provisions of these General Terms and Conditions shall in no case be interpreted as a waiver of the right to assert any of the said conditions at a later date.
ARTICLE 18 - APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions are subject to French law. The Buyer is informed that he may in any event resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L 612-1 of the Consumer Code) or with existing sectoral mediation bodies, the references of which appear on the website //www.economie.gouv.fr/mediation-conso 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 in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-ups and which could not have been resolved between the Domaine des Bernard and the Buyer will be subject to the exclusive jurisdiction of the French Courts under the conditions of common law.
ARTICLE 19 - LANGUAGE
These General Terms and Conditions are written in French. In the event of any contradiction, only the French version shall prevail between the parties.
ARTICLE 20 - PRE-CONTRACTUAL INFORMATION
The Purchaser acknowledges having received, prior to placing his order, in a legible and comprehensible manner, these General Terms and Conditions of Sale and all the information and details referred to in Articles L 111-1 to L 111-7 of the Consumer Code, and in particular:
the essential characteristics of the Product, taking into account the communication medium used and the product concerned;
the price of the Products and transport costs;
the period within which Domaine des Bernard undertakes to deliver the Product;
information relating to legal and contractual guarantees and their terms of implementation;
the possibility of resorting to conventional mediation in the event of a dispute;
information relating to the right of withdrawal.
contact
If you have any questions regarding your order, you can contact the domain’s Customer Service by email at the following address: domaindesbernard@orange.fr or by telephone at the following number: + 33 (0)2 47 97 40 66.
withdrawal form
This form must be completed and returned only if the Purchaser wishes to withdraw from the order placed on the website www.domainedesbernard.com, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.