Article 1 – Designation of the seller
This site is published by:
The company Fondugues-Pradugues, civil society operating agricultural, with a capital of 7.165.200 Euros, registered in the Fréjus RCS under number 434 216 689, whose headquarters is sis lieudit “Les Fondudes”, district of Pradugues, 83350.
Phone + 33 (0) 4 94 79 09 77;
Article 2 – General provisions relating to the General conditions of sale (hereinafter the terms)
2.1 object of CGV
The terms and conditions are applicable exclusively to online sales of products of the SCEA Fondugues Pradugues site www.fondugues-pradugues.com / www.fondugues-pradugues. FR, (hereinafter “the site”) which is free and open to any Internet user.
2.2 scope of the terms
The terms exclusively govern contracts of sale of the products of the SCEA Fondugues-Pradugues (hereinafter “professional seller”) to buyers with the quality of (hereinafter “consumers”) and are with online ordering the contractual documents binding on the parties, excluding all other documents, prospectus, catalogues or photographs products that have only an indicative value.
The terms are exclusively applicable to products delivered to consumers established in France or in a member country of the European Union.
The terms are written together with the contractual information mentioned on the site in French and English.
2.3 availability and opposability of the general terms
These terms are made available to consumers on the site of the seller where they are directly searchable and can also be provided on request by phone, e-mail or postal mail.
The GTS are opposable to the consumer that recognizes, by checking a box provided for this purpose, having knowledge and agreed before order.
The validation of the order by his confirmation is worth membership by the buyer in the terms and conditions in force at the date of the order whose conservation and reproduction are provided by the professional seller in accordance with section 1127-2 of the civil Code.
2.4 change of terms
The professional Seller reserves the right to modify its terms and conditions at any time.
In case of modification of the terms, the applicable terms and conditions are those in force at the date of the order with a dated copy to date can be provided at his request to the consumer.
2.5 clauses of terms
The nullity of a contractual clause does not the invalidity of terms unless he is an impulsive and determining clause that led to one of the parties to the contract of sale.
The application temporarily or permanently one or more clauses of these terms by the professional seller cannot waiver of its share to the other clauses of the terms and conditions which continue to produce their effects.
Article 3 – products
3.1 features
Products offered for sale in the catalogue published on the website are each the subject of a description mentioning their essential characteristics within the meaning of article L. 111 – 1 of the consumer Code.
The photographs illustrating the products do not constitute a contractual document.
3.2 compliance
The products comply with the regulations in force relating to safety and health of persons, the loyalty of business transactions and the protection of consumers at the time of their placing on the market.
3.3. stock availability
Products are offered and delivered within the limit of stocks available.
In case of unavailability of the ordered product, the seller shall immediately inform the buyer and may offer him a product of quality and equivalent price or, failing that, a voucher for the amount of the order can be used for any next command.
In case of disagreement of the buyer, the seller shall refund of the sums paid within a period of thirty days.
Apart from the refund of the price of the unavailable product, the seller is not bound to compensation for cancellation, except if it is personally responsible for the breach of contract.
Article 4 – price
4.1. retail price
The price of sale, in accordance with article L. 112 – 1 of the consumer Code, are indicated, for each of the products in Euros all taxes included, excluding costs of delivery and transport mentioned before validating the order and charged extra.
The total amount owed by the consumer is indicated on the order confirmation page.
The retail price of the product is that in force on the date of the order.
The retail price of the products does not include shipping costs charged in addition to the price.
4.2 change
The professional Seller reserves the right to change its prices at any time, while guaranteeing to the consumer application of the prices in force on the day of the order.
4.3 costs
Additional transport costs, delivery or postage (to add other costs borne by the seller), which the client could read before ordering, are fixed on the purchase order.
Article 5 – The subscription ‘wine club ‘.
The SCEA Fondugues-Pradugues offers the possibility to subscribe to the ‘wine club’ Fondugues-Pradugues.
5.1. content of the offer
Consumer subscribers receive:
- An annual delivery of 6 bottles of the ‘limited edition’ production of the Fondugues-Pradugues cellar;
- Exclusive access to certain ranges of wines;
- A reduction of 10% of the sales price with VAT on all wine purchased at unity ;
- Access to free wine tastings for members and up to 6 people per private wine tasting on request, subject to availability;
- VIP invitations to all events of the Fondugues-Pradugues wine club.
5.1 Subscription
The consumer who wants to subscribe to the ‘wine club’ Fondugues-Pradugues pays a fee of 90 euros including VAT, paid on the day of the subscription.
For the following calendar years, this amount will be charged in the spring, at the exit of the new vintage.
This amount of subscription will be charged on the selling price 6 bottles of the ‘limited edition’ production delivered annually to each Member, the balance of the selling price, as well as any costs of port, remaining the responsibility of the consumer.
To subscribe, the consumer does the following steps :
Step 1: dial www.fondugues-pradugues.com / www.fondugues-pradugues. FR, and follow the instructions on the site.
Step 2: go to the “subscription” page
Step 3: confirm your order (approve the terms) from the basket where figure the price of €90 with VAT;
Step 4: in part payment, if you are not already a customer, proceed to creating an account customer (with name, e-mail address, phone, postal address, country, city, cp, password of the account), or proceed to your identification in case you would not like to be automatically recognized.
Step 5: Before clicking on the button “Confirm order”, the consumer has the opportunity to check the details of their order and its total price and return to previous pages to correct possible errors or possibly change his order;
Step 6: make the payment of the order by filling in your credit card details;
Step 7: receive electronic confirmation of your order;
Step 8: receive electronic confirmation of the order.
The confirmation of the order is acceptance of these terms, subscription and form the contract.
5.2 duration of the contract
The subscription contract duration is one year. It is tacitly renewed each year on its anniversary date.
5.1 termination
The subscription may be terminated by the Subscriber at any time registered letter with acknowledgment of receipt or directly on the website.
At the time of his termination, the buyer can choose to:
- Do not receive the annual delivery of 6 bottles of production ‘limited edition ‘;
- Receive the latest annual delivery of 6 bottles of production ‘limited edition’ payable in full (with a member benefit of -10% of the sales price with VAT).
In all these cases, the amount of any contributions made prior to termination remains with the seller as compensation.
Article 6 – offer
6.1. geographical area
Sales online offers presented on the site are reserved for consumers residing in France or in another country member of the European Union and for deliveries in the same geographical areas.
6.2 duration
Sales online offers presented on the site are valid, unless a particular duration, as long as products are included in the electronic catalog and within the limit of stocks available.
6.3 acceptance
The acceptance of the offer by the consumer is validated, in accordance with the method of the double click, by the confirmation of the order.
Article 7 – order
7.1 order steps
The consumer who wants to buy a product Fondugues-Pradugues follows the steps hereinafter:
Step 1: dial www.fondugues-pradugues.com / www.fondugues-pradugues. FR, and follow the instructions on the site.
Step 2: go to the page of one of the SCEA Fondugues-Pradugues products and add to the basket; Check the minimum quantity required.
Step 3: confirm your order (approve the terms) from the basket where figure prices including all taxes;
Step 4: in part payment, if you are not already a customer, proceed to creating an account customer (with name, e-mail address, phone, postal address, country, city, cp, password of the account), or proceed to your identification in case you would not like to be automatically recognized.
Step 5: Before clicking on the button “Confirm order”, the consumer has the opportunity to check the details of their order and its total price and return to previous pages to correct possible errors or possibly change his order;
Step 6: make the payment of the order by filling in your credit card details;
Step 7: receive electronic confirmation of your order;
Step 8: receive electronic confirmation of the order and shipment preparation.
The confirmation of the order leads to acceptance of the terms and form the contract.
7.2 change of command
Any change order by the consumer after confirmation of the order is subject to acceptance of the professional seller.
The professional Seller reserves the right to changes to the ordered product that are related to the technical evolution in the conditions provided for in article R. 212 – 4 of the consumer Code.
7.3 validation of the order
The professional Seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers having the quality of consumers.
Article 8 – Resolution
The command can be resolved by the buyer registered letter with acknowledgment of receipt or directly on the internet site in case of:
- delivery of a product that is not consistent with the reported characteristics of the product;
- delivery date exceeding limit in the right order or, if no such date, within thirty days following the conclusion of the contract, after that the seller has been ordered, in the same manner and without result, to deliver within a reasonable additional period;
In all these cases, the buyer may demand repayment of all the money he has paid. The buyer is refunded within a period of 14 days after the termination of the contract.
The command can be resolved by the seller in case of:
- refusal of the buyer to take delivery.
- non-payment of the price (or the balance of the price) on the day of delivery.
If necessary, the deposit paid to the command remains with the seller as compensation.
Article 9 – payment
9.1 due
The price is payable in full after the order confirmation.
The payment is made immediately to the order by credit card.
9.2. payment security
The site has a system of secure payments online allowing the consumer to encrypt its data bank.
9.3. late payment
Any amount not paid at maturity is productive, without notice, of interest.
9.4. default of payment
The seller reserves the right, when the agreed price is not paid at maturity, either to request enforcement of the sale, or to resolve the contract by simple registered letter with request for advice of receipt and retain the deposit paid as compensation, to the command.
9.5 clause of reserve of property
The seller remains the owner of goods sold until full payment of the price and the buyer agrees, as long as the ownership it is not transferred, to take all useful precautions to the good preservation of the products.
Article 10 – delivery
10.1 definition
The delivery means transfer to the consumer of the physical possession or control of the property.
10.2 delivery time
The professional seller undertakes, in accordance with the date limit indicated on the site for each delivery products, to deliver the products within a period of thirty days after receipt of order.
10.3 delay in delivery
When the product is not delivered or the service is not provided to the date or at the expiration of the period mentioned in the order, the consumer may, after having ordered the seller to perform its obligation of delivery within a reasonable additional period, terminate the contract by registered letter with advice of receipt or by writing on another durable medium without success.
10.4. place of delivery
The products are delivered to the address indicated by the customer on the order form.
10.5. terms of delivery
Delivery is by the direct delivery of the product to the purchaser or, failing that, by sending by the seller of a notice of provision to the buyer.
The purchase order specifies the mode of delivery, and if applicable, the identity of the carrier and the amount of postage.
Within a period of 7 days from the notice of provision, the buyer must proceed with the retirement of the ordered product.
In the absence of retirement within the specified time, the seller may, after a formal notice of the buyer, remained without effect, proceed to the retirement, solve order in its own right and retain the deposit paid as compensation.
When the product is delivered to the address indicated on the order form by a carrier, it is for the buyer to check in the presence of the carrier state of the delivered product and, in case of damage or missing, the resort to reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.
10.6. conformity of the products
If the product does not conform to the order, the consumer must complain to the professional seller for replacement of the product or the cancellation of the sale.
10.7. unavailability of products
In case of unavailability of the products on delivery, the professional seller can offer, in accordance with article 3.3 of the GTS, an equivalent product by its quality and its price.
10.8. default of delivery
The total failure to deliver results in the resolution of right from the contract of sale.
10.9 delivery and transfer of risk
The risk of loss or damage to the goods are transferred to the consumer at the time it takes, or a third party that he has designated, physical possession of the property, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travel at the risk and peril of the seller.
The product, which is delivered to the consumer by a carrier selected by him, travel at the risk and peril of the consumer from the return of the goods to the carrier.
10.10. transfer of ownership
From the date of delivery indicated in the order form, the ownership of the product is transferred to the buyer, except in the case where the full payment of the price has not been cashed to the command.
Article 11 – Guarantee legal compliance and guarantee of hidden defects
11.1. consumer information
All products supplied by the seller benefit from the legal guarantee of conformity provided for in articles L. 217 – 4 and following of the consumer code or the guarantee of hidden defects provided for in articles 1641 to 1649 of the civil code.
Regardless of the possibly granted commercial warranty, the seller is required to the defects of the good object of the contract under the conditions of article L. 217 – 4 and following of the consumer code and hidden defects of the thing sold under the conditions provided for in articles 1641 and following of the civil code.
11.2. implementation of the guarantee of conformity
The seller is obliged to deliver a well in accordance with the contract and answers defects of compliance existing during deliverance.
It addresses also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the product.
When it is legal guarantee of conformity, the consumer:
- has a period of two years from the delivery of the product to act;
- can choose between the repair or replacement of the property, under the cost conditions laid down by article L. 217 – 9 of the consumer code;
- is provided to provide proof of the existence of the lack of conformity of the good for twenty-four months following the delivery of the goods.
11.3. implementation of the guarantee of hidden defects
The seller is bound to the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so impair that use that the buyer would not have bought or not would have given that a lower price, if he had known.
The action resulting from redhibitory vices must be brought by the purchaser within a period of two years from the discovery of the defect.
Article 12 – liability
12.1. exemption from responsibility
The responsibility of the professional seller cannot be engaged in case of non-performance or improper performance of the contract due, either aware of the buyer, or to the fact insurmountable and unpredictable from one third to the contract, or to force majeure.
The responsibility of the professional seller cannot be hired for non-conformity of the product to the legislation of the country of the consumer to which it belongs to check if the product is not prohibited for sale in his country.
12.2. penalty clause
In all cases of non-performance of its obligations by the consumer, the deposit paid to the command remains the professional seller compensation.
Article 13 – Resolutive Clause
The resolution of the command in the cases provided for in these terms will be imposed by simple registered letter with request for advice of receipt or by electronic mail and gained full rights without legal formalities.
Article 14 – Right of withdrawal
14.1 conditions, time and procedure for the exercise
In accordance with the provisions of article L. 221 – 5 of the consumer code, you will have the right to withdraw, without giving reasons, within a period of fourteen days.
The withdrawal period expires 14 days after the day where yourself, or someone else you have designated to do this, physically takes possession of the first good.
To exercise the right of withdrawal, you must notify us:
- your name, geographical address and, where available, your telephone number, your fax number and your e-mail address;
- as well as your decision to withdraw from the contract by means of an unambiguous statement (for example, letter sent by post, fax or e-mail, therefore that these coordinates are available, and that’s to appear on the form type of withdrawal).
14.2 effects
In the event of withdrawal on your part of the contract, we will refund all payments received from you, including shipping (with the exception of additional costs arising from the fact that you have chosen, as appropriate, a shipping method other than the least costly method of standard delivery we offer) without undue delay and, in any event, no later than fourteen days from the day where we would be informed of your decision to withdraw from the contract.
We will proceed to the refund using the same payment method than the one you would use for the original transaction. With your express consent, other means can be used. In any case this refund would result no charge for you.
In the event of cancellation by the customer, it must support the direct costs of returning the goods.
The company may defer repayment until receipt of the property objects of the order, or until the customer has provided proof of shipment of this (or these) well (s), the date being that of the first of these facts.
Article 15 – Mediation
In case of litigation, you should address in priority to the company to the 04.94.79.09.77 customer service, Monday to Friday except public holiday or bank holiday, from 9:00 to 12:30 and from 14:00 to 18:00 or by e-mail (valerie@fondugues.com):
15.2 request for mediation
Fail the request of claim from the service consumer or in the absence of response from this service within a period of two months, the consumer may submit the dispute to the purchase order or agreement terms that will attempt, with complete independence and impartiality, to bring the parties to reach an amicable solution.
To apply for mediation, the consumer has a complaint form available on the website of the European centres of EEJ-NET consumers.
The parties to the contract are free to accept or refuse the recourse to mediation, as well as, in case of appeal mediation, to accept or refuse the solution proposed by the Ombudsman.
Article 16 – Competent court
Failing amicable agreement, you can appeal to the Court for any dispute as to the existence, interpretation, the conclusion, execution or the rupture of the contract as well as all documents related to this contract.
Any dispute likely to result from the interpretation or execution of these terms and its site will be subject to the exclusive jurisdiction of the French courts.
Article 17 – Applicable law
This agreement and the terms governing him are subject to French law.