Last updated: 23/02/2024
These terms and conditions of sale are concluded on the one hand by the company SAS Société Agricole du Domaine d'Estoublon with a capital of 18,762,508 euros, whose registered office is at Domaine d'Estoublon, 13990 Fontvieille, registered with the Tarascon Trade and Companies Register under number 376 720 017, (hereinafter referred to as the "Estoublon")."), specifically for the online sale of the range of wines under the brand name "Roseblood d'Estoublon", and on the other hand, by any natural person (hereinafter referred to as the "Buyer" or "Buyers") wishing to make a purchase via the Roseblood d'Estoublon website accessible at the roseblood-estoublon.com address (hereinafter referred to as the "Site").
OBJECT
These general terms and conditions of sale (hereinafter, "GTCS") aim to define the contractual relationship between Estoublon and the Buyer and the conditions applicable to any purchase made through the Site.
The acquisition of a product through the Site implies an unreserved acceptance by the Buyer of these T&Cs via the acceptance of a checkbox during the order process.
These terms and conditions of sale shall prevail over any other general or specific terms and conditions not expressly approved by Estoublon.
Estoublon reserves the right to modify the T&Cs at any time. In this case, the applicable conditions will be those in force on the date of the order by the Buyer.
CHARACTERISTICS OF THE PROPERTIES OFFERED
The products offered for sale are those that appear in the catalogue published on the Site, within the limits of available stocks. The photographs in the catalogue are as faithful as possible but cannot ensure a perfect similarity with the product, especially with regard to colours.
RATES
The prices appearing on the Website are prices including VAT in euros taking into account the VAT applicable on the day of the order; Any change in the rate may be reflected in the price of the products. Estoublon reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the Site on the day of the order will be the only one applicable to the Buyer's order.
The prices shown include order processing costs and do not include shipping and delivery costs. However, the Buyer has access to a summary of all applicable costs before definitively validating his order.
GEOGRAPHICAL AREA OF DELIVERY
The online sale of the products presented on the Site is reserved for Buyers who reside in the list of countries mentioned below for required deliveries in this geographical area.
Delivery area: Andorra, Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
COMMANDS
The Buyer, who wishes to purchase a product from Estoublon, must:
- Have reached the legal age to obtain and consume alcoholic products within the meaning of the law in force in their place of domicile, residence or place of delivery in connection with the purchase of a product containing alcohol;
- Add the product(s) of their choice to their shopping cart on the Site;
- Fill in the requested information and in particular their contact details (invoicing and delivery); and
- Pay for your order after checking it.
The confirmation of the order implies the acceptance of these terms and conditions of sale by accepting a checkbox, acknowledging that you have read them perfectly and waiving the right to take advantage of any other conditions of purchase.
All the data provided and the confirmation recorded will be considered as proof of the transaction. The confirmation will be deemed to be a signature and acceptance of the operations carried out. Estoublon will send a confirmation of the order by e-mail.
ACCOUNT CREATION
In order to facilitate the purchase of products and the follow-up of orders, the Buyer has the possibility to create an account on the Site.
To create an account, the Buyer must enter their email address and then set a password. The password must be a minimum of nine (9) characters long.
The Buyer will be able to access his/her account using his/her username and password. They will then have to enter all the mandatory information requested from their account. Mandatory information is marked with an asterisk.
The Buyer undertakes to provide accurate information and update it without delay in the event of any changes. This information can be changed at any time from the account settings.
In the event of loss, theft or fraudulent use of the password or account, the Buyer must immediately renew his/her password by following the "Forgot your password?" procedure at the time of login.
Otherwise, Estoublon cannot be held liable for the harmful consequences of the use of its password or account by an unauthorised person.
PRODUCT AVAILABILITY
Estoublon reserves the right to withdraw any product displayed on the Site at any time and to replace or modify any content or information appearing on the Site.
Estoublon shall not be held liable for any harmful consequences of the removal of a product from the Site, nor of the replacement or modification of any content or information appearing on the Site.
RETRACTION
Any consumer buyer within the meaning of the Consumer Code has a withdrawal period of fourteen (14) days from the date of receipt of delivery of his order.
To exercise his/her right of withdrawal, the Buyer may use the model withdrawal form set out in the appendix and send it to roseblood@estoublon.com.
Within this period, the Consumer Buyer may return the product without penalty.
Return shipping costs are the responsibility of the Buyer.
The Buyer shall return the order according to the instructions provided by Estoublon, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
The refund of the order by Estoublon shall be made no later than fourteen (14) days from the date of receipt of the decision to withdraw.
However, Estoublon may defer reimbursement until:
- have received the product(s), or
- that the Consumer Buyer has provided proof of dispatch of the product(s) by sending a photo of the package before closing and a copy of the proof of delivery of the package stamped by the Post Office or the carrier with the package number).
It should be noted that the date chosen by Estoublon is that of the first of these events.
Returned products will be subject to inspection by our quality control department. We may deduct from the refund any loss or reduction in the value of the products if such loss or reduction in value is the result of unnecessary handling of the products (e.g. product returned without its original packaging intact (unopened)).
We will make the corresponding refund, including the standard delivery costs (excluding additional costs arising for example from the choice of an expedited method) of the original delivery, using the same payment method used for the original transaction, unless the Consumer Buyer has given prior consent for another method of refund.
Exception to the right of withdrawal. As an exception to the above, if a food product purchased on the Site has been opened by the Buyer, the right of withdrawal does not apply for reasons of hygiene and health protection (Article L.221-28, 5° of the Consumer Code).
PAYMENT TERMS
The price is due at the time of ordering. Payments will be made by credit card; they will be carried out through our secure payment service provider Payplug in such a way that the transmitted information is encrypted by software and no third party can see it during transport on the network. The information is transmitted directly to our service provider who manages the debit authorisations. Estoublon will therefore not have access to this data at any time. The Buyer's account is automatically debited at the time of the order for the amount of the products.
All invoices are available from the Buyer's account or sent by email.
DELIVERIES
The delivery time is two (2) to five (5) working days (France) and five (5) to six (6) working days (EU and Andorra) on average after validation of your payment. Deliveries are made to the address indicated at the time of the order on the Site, which can only be within the agreed geographical area. The Buyer must take all measures and provide all information necessary for the smooth running of the delivery.
Deliveries are made on the ground floor only. Delivery times are for information purposes only; if these exceed thirty (30) days from the date of the order, the contract of sale may be terminated and the Buyer refunded.
Estoublon cannot be held responsible for a delay in delivery or the loss of the products if the Buyer has indicated an incomplete or incorrect address or if the Buyer does not collect his products from the carrier within the specified period.
Upon receipt of the order, the Buyer must check the condition of the product(s), their packaging and contents, in the presence of the employee of the transport company.
In the event of damaged products, the Buyer must notify the carrier immediately upon delivery.
GUARANTEE
All products supplied by Estoublon are covered by the legal guarantee provided for in articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to Estoublon who will take it back, exchange it or refund it. All complaints, requests for exchange or refund must be made by post to the following address within thirty (30) days of delivery:
Estoublon
Route de Maussane
13990 Fontvieille
France
The consumer has a period of two (2) years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its occurrence.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the statutory warranty shall apply to such digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the property.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original warranty.
If the consumer requests the repair of the goods, but the seller insists on the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the property
2° The repair or replacement of the property takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into compliance.
The consumer is also entitled to a reduction in the price of the good or to the rescission of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the rescission of the contract being immediate. In this case, the consumer is not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to the cancellation of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the warranty that remained until the delivery of the repaired property.
The above-mentioned rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee entitles you to a price reduction if the property is retained or to a full refund against return of the property.
RESPONSIBILITY
Estoublon cannot be held liable for the non-performance or poor performance of the T&Cs in the event of:
- force majeure
- the occurrence of an event attributable to the Buyer, or
- any inconvenience, unforeseeable and insurmountable damage inherent to a third party and in particular resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service, or other unintentional damage.
INTELLECTUAL PROPERTY
All elements of the Site, including, but not limited to, the rights related to the textual, graphic, sound, videographic, software, databases, logos, data, trademarks, animations, or any other nature that make up the Site, are and remain the exclusive intellectual property of Estoublon. No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the Site, whether they are software, visual or sound.
The use of the Site or the creation of an account does not confer on Buyers or Internet users any prerogative over the intellectual property elements referred to above.
PERSONAL DATA
The Buyer's personal data is processed in accordance with the regulations on the protection of personal data as described in the Privacy Policy.
FORCE MAJEURE
In the event of the occurrence of a force majeure event preventing the execution of these T&Cs, Estoublon shall inform the Buyer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgement of receipt.
All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of Estoublon or the Buyer without compensation on either side.
ARCHIVING – EVIDENCE
Estoublon will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1379 of the Civil Code. The Estoublon's computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
All information, content, and elements exchanged electronically between the Buyer and Estoublon constitute valid, admissible, reliable, enforceable evidence with the probative value of a private deed, unless proven otherwise.
The absence of an electronic signature or written document may in no way be invoked to call into question the validity or probative value of the exchanges, transactions and communications carried out between the Buyer and Estoublon.
By accepting these T&Cs, the Buyer acknowledges and accepts the validity of this proof agreement.
CONTACT DETAILS
If you have any questions about an order, you can contact us:
- Either by email to roseblood@estoublon.com ;
- Either by post to Estoublon, Domaine d'Estoublon, 13990 Fontvieille;
- Or by phone on +33 (0)4 90 54 64 00 (non-surcharged number) from Monday to Friday from 9 a.m. to 5 p.m.
DISPUTE RESOLUTION
These T&Cs are subject to French law.
SHIPPING COSTS
The amount of the shipping costs depends on the delivery area and the weight of the package and will be available at the time of the order summary.
APPENDIX: Withdrawal form for Consumer Buyers:
To the attention of Estoublon, roseblood@estoublon.com
I hereby notify you of my withdrawal from the contract for the sale of the following property(ies):
Product Identification:
Ordered on ................. (date of order) and/or received on ................. (date of delivery)
Your first and last name:
Your address:
Your order number:
Date: