Terms of sales

Definitions

These General Conditions of Sale (hereinafter the “GTC”) are offered by Vincent Plantade, Château Haut-Plantade, a company registered with the Bordeaux RCS under number 388 451 445, whose registered office is at 4 bis allée de Gazin , 33850 Léognan (hereinafter “Vincent Plantade”).

Hereinafter we will designate:

“Site”: the site https://www.hautplantade.com and all of its pages.
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or to which it is possible to subscribe on the Site.
“Seller”: Vincent Plantade, legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, individual or professional, making a purchase of Product (s) or Service (s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity”.
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to carefully read these GTC, print them and / or save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them in full and without reservation.

Article I – Application of the GTC and purpose of the Site

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GTCs applicable to the Customer are those in force on the day of his order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter hereof. Site.

This Site offers online sales of wines and products related to wine production.

The Site is open and free to all Customers. The acquisition of a Product or Service assumes acceptance, by the Customer, of all of these T & Cs, who thereby acknowledges having fully understood them. This acceptance may consist, for example, for the Customer, of ticking the box corresponding to the acceptance sentence of these T & Cs, for example having the words “I acknowledge having read and accepted all the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.

Acceptance of these T & Cs assumes that Customers have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.

The Customer recognizes the evidential value of the Seller’s automatic recording systems and, except for him to provide proof to the contrary, he waives the right to challenge them in the event of a dispute.

Article II – Terms of order subscription and description of the purchase process

The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a true image of the Products and Services offered but do not constitute a contractual commitment to the extent that they cannot ensure perfect similarity with the physical Products.

The intangible object grouping together all the Products or Services selected by the Site Customer for a purchase by clicking on these elements will be defined below as “Basket”. In order to proceed with his order, the Customer chooses the Product (s) he wishes to order by adding them to his “Basket”, the content of which can be changed at any time.

Once the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer must check the box relating to the ratification of these GTCS and click on the validation button. The Customer will then be redirected to a page in which he must fill in the order form fields. In the latter case, he must enter a certain number of personal data concerning him, necessary for the smooth running of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.

Once the Customer has completed the form, he will then be invited to make his payment using the means of payment listed in the section of these GTC relating to payments. After a few moments the Customer will be sent an order confirmation email, reminding him of the content of the order and the price thereof.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article III – Price and terms of payment

Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any contribution to the processing and shipping costs.

Vincent Plantade reserves the right at any time to modify its prices and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by check, bank transfer, hand delivery.

This Site does not have access to any data relating to the Customer’s means of payment. Payment is made directly into the hands of the bank or the payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” article of these GTCS do not start to run until the date of effective receipt of payment by the Seller, the latter being able to provide payment. proof by any means. The availability of the Products is indicated on the Site, in the description of each Product.

Vincent Plantade will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article IV – Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product from its order or the conclusion of the contract for the provision of services, to withdraw. He will be required to return any Product that does not suit him and request the exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by Vincent Plantade of the refund request.

The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to Vincent Plantade. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post.

If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

The Customer is recommended to make the return using a solution that allows tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.

The refund will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller uses another method of payment, and to the extent that the refund does not entail any costs for the Customer.

The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .

In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product (s), the Customer may be held liable.

In accordance with Article L221-5 of the Consumer Code, (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:

Withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of Vincent Plantade SCEA Plantade Pere Et Fils, 4 bis allée de Gazin, 33850, Léognan

I / we (*) hereby notify / notify you (*) of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):

Name of Client (s):

Address of the Client (s):

Signature of the Client (s) (only in the event of notification of this form on paper):

Date:

(*) Cross out the unnecessary mention.

Article V – Product Guarantee
Legal provisions to be reproduced

When acting as a legal guarantee of conformity, the consumer has a period of two years from the delivery of the goods to act; he can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code; except for second-hand goods, it is not necessary to prove the existence of the lack of conformity of the good during the six months following the delivery of the good, a period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies regardless of any commercial guarantee granted.

The consumer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any warranty; In the event that this warranty is implemented, the buyer has the choice between rescinding the sale or reducing the sale price in accordance with Article 1644 of the Civil Code. He has two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the date of the birth of the right in accordance with Article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;

Legal guarantee of conformity

According to articles L.217-4 et seq. Of the Consumer Code, the Seller is required to deliver goods in accordance with the contract concluded with the Consumer Customer and to respond to any lack of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product. However, when the defect has appeared within 24 months of this date (or within 6 months if the order was placed before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, “the Seller may challenge this presumption if it is not compatible with the nature of the [Product] or the lack of conformity invoked”.

On the other hand, after this period of 24 months (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.

In accordance with Article L.217-9 of the Consumer Code: “in the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer’s choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer “.

Legal guarantee against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or reduce this use to an extent such that the buyer would not have purchased the Product or would not have bought it at such a price if he had known the defect).

Complaints, exchange or refund requests for a non-compliant Product must be made by post or email to the addresses indicated in the legal notices of the site.

In the event of non-compliance of a delivered Product, it may be returned to the Seller who will exchange it. If the Product cannot be exchanged (obsolete product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of his order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then borne by the Seller.

Article VI – Customer Service

Customer service for this Site is accessible by e-mail at the following address: contact@hautplantade.com or by post at the address indicated in the legal notices.

Vincent Plantade also provides its Customers with a hotline, or telephone assistance, to answer their questions. Telephone assistance can be contacted by telephone on 06 03 01 15 34 (number not surcharged).

Article VII – Liability

The Seller Vincent Plantade cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of these, business interruption, loss of profit, damages or costs, which may occur.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products in particular due to incompatibility of the equipment cannot give rise to any compensation, reimbursement or questioning of the Seller’s liability, except in the case of a proven hidden defect, non-compliance, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or the Service allows the withdrawal, depending on the article L 221-18 et seq. of the Consumer Code.

The Customer expressly admits to using the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Vincent Plantade can in no way be held responsible:

for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
a malfunction, unavailability of access, improper use, improper configuration of the Customer’s computer, or even the use of a browser that is little used by the Customer;
the content of advertisements and other links or external sources accessible by Customers from the Site.
The photographs and visuals of the Products presented on the Site are not contractual in nature, the seller cannot therefore be held liable if the characteristics of the Products differ from the visuals on the Site or if the latter are incorrect or incomplete.

Article VIII – Intellectual property rights

All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the permission of their owners.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and appears to be counterfeit.

Any Customer who is found guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative the Seller or its agent.

This Site uses elements (images, photographs, content) whose credits go to: Vincent Plantade.

The brands and logos contained on the Site may be registered by Vincent Plantade, or possibly by one of its partners. Anyone carrying out their representations, reproductions, overlaps, broadcasts and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article IX – Independence of clauses

If any provision of the T & Cs is found to be illegal, void or for any other unenforceable reason, then this provision will be deemed severable from the T & Cs and will not affect the validity and enforceability of the remaining provisions.

These present GTC replace all previous or contemporary written or oral agreements. The GTC are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the GTC and all notices given in electronic form may be requested in legal or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these T & Cs must be written in the French language.

Article X – Applicable law and mediation

These GTC are governed by and subject to French law.

Unless there are provisions of public order, any disputes that may arise in connection with the execution of these T & Cs may, before any legal action, be submitted to the Site Editor for assessment with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided in public order, any legal action relating to the execution of these GTCS shall be subject to the jurisdiction of the courts of the jurisdiction of the place of domicile of the defendant.

Consumer mediation

According to Article L.612-1 of the Consumer Code, it is recalled that “any consumer has the right to use a consumer mediator free of charge for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”.

It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.