Terms of sale
Section 1: Subject matter and scope
The company "La Cave du Canal S.A.S" (hereinafter referred to as the «Seller») is mainly active in the sale of alcohol bottles, particularly wines and other food products.
These general terms and conditions of sale (GTC) apply to all sales of products concluded with an individual, within the establishment or at a distance, via the purchase order made available to the Buyer by the Seller on its website "www.lacaveducanal.fr" and within his establishment. The products purchased in this way may be subject, depending on their availability and/or the choice of the Buyer, either to immediate collection in a shop or delivery in metropolitan France.
Sales made in this context are reserved to consumers only, as defined by the preliminary article of the Consumer Code, acting exclusively on their own account and having full legal capacity to contract. The products must be intended only for the personal use of the recipient, which excludes any resale of said products to third parties.
In addition, the Seller offering the sale of alcoholic beverages, offers are exclusively reserved for adults, within the meaning of French law. In accordance with article L.3342-1 of the French Public Health Code, which states that the sale of alcohol to minors under eighteen (18) years is prohibited, the Buyer agrees to be eighteen years old on the date of the order. In order to verify the identity and age of the person making the withdrawal, a piece of identification may be requested by the Seller in accordance with the law.
Alcohol abuse is dangerous to health. Consume with moderation.
Section 2: Acceptance and amendment of this Agreement
The Buyer declares to have read these GTC before the sale and to have accepted them. Any order of the Buyer therefore constitutes acceptance without restriction or reservation of these GTC.
These GCS will be applicable as long as they are available on the website www.lacaveducanal.fr and directly in the shop. They are subject to change and may be replaced by the Seller. The applicable terms and conditions are those in force at the time of sale.
In the event that, after their replacement, these GTC would nevertheless remain accessible to the public by any means, they would no longer be enforceable against the Seller.
Section 3: Identification of the offeror
The products are sold to the Buyer by:
La Cave du Canal, Société par Actions Simplifiée, whose registered office is located at 231 Rue La Fayette, 75010 Paris, registered in the Paris Commercial and Companies Register under number RCS 904 588 449. VAT number FR45904588449
Section 4: Product orders
4.1 Conclusion of the sale
The contract of sale is formed in accordance with French law when there is agreement on the thing and price and the offeror has received acceptance from the recipient.
4.2 Out of stock and rejection of orders
In case of out-of-stock products ordered, the Seller may propose to the Buyer to replace them, with his agreement, either by another vintage or by an equivalent wine.
The Seller is entitled to refuse any order that is abnormal or placed in bad faith.
In addition, the Seller is entitled to refuse any order from a Buyer with whom there would be a dispute regarding the payment of a previous order.
Such refusals would indeed respond to a “legitimate reason” within the meaning of the provisions of article L.121-11 of the Consumer Code.
Article 5: Item prices
The prices of the articles are expressed in euros and include all duties and taxes of any kind.
The VAT and specific duties on alcoholic products are applied at the rate in force at the time of sale. The prices of the products are excluding shipping costs, delivery costs, prices for certain packaging or other optional services, expressly subscribed by the Buyer, which remain in excess. The latter will be communicated to him before placing the order.
Section 6: Payment conditions and retention of title
Payment of the Buyer’s purchases is made in cash or by credit card (Carte Bleue, Carte Visa, AMEX, Eurocard/Mastercard).
In the case of payment by credit card, the entire amount of the order will be debited from the credit card at the time of registration of the order. The Seller reserves the right to suspend all processing of the order in case of refusal of payment authorization by the bank.
The Seller retains full ownership of the items purchased by the Buyer until the Buyer has fulfilled all its obligations and in particular until full payment of the price, plus interest if applicable. This does not prevent the transfer of the risk of goods to the Buyer upon delivery of the goods.
Article 7: Delivery
The products purchased may be subject, depending on their availability and/ or the choice of the Buyer, either immediate collection in store or delivery in metropolitan France.
7.1 Delivery area
Delivery of the items may only take place:
- in metropolitan France
- In Europe
- and to the delivery address indicated by the Buyer.
In the event that the Buyer has indicated an incorrect address or an incomplete address during his order, which does not allow delivery of the products, this will not be refunded and the ordered products and the return shipping costs will be borne by the Buyer, unless they do not wish to be returned.
7.2 Delivery time
In accordance with the provisions of article L.111-1 of the Consumer Code, the Buyer is informed before the conclusion of the contract of the deadline by which the Seller undertakes to deliver the item.
7.3 Damage during shipment
If, at the time of delivery, the external appearance of the package is not perfect, the Buyer will open it in the presence of the carrier to check the condition of the item.
If the bottle or bottles/Products is (are) broken(s), the Buyer must refuse the package. The carrier will inform the Seller. Upon receipt of this information, the Seller undertakes to return an identical package to the Buyer as soon as possible. Under no circumstances can the Buyer demand a refund of the product and shipping costs.
In the absence of breakage, if the product does not correspond to the order of the Buyer, the provisions of article 7 below are applicable.
Section 8: Right of withdrawal and return of articles
8.1 Withdrawal process and refund
In accordance with article L.121-21 of the Consumer Code, the Buyer has a period of fourteen days from the day of receipt of the products to exercise its right of withdrawal, without having to justify reasons or pay fees and penalties (excluding return charges).
If the Buyer makes use of this right of withdrawal within 14 clear days from receipt of the Product, the Seller undertakes to reimburse the Buyer for all sums paid by thewithout delay and no later than 30 days from the date on which that right was exercised. The return costs will be borne by the Buyer. To exercise these rights of cancellation of the Order and withdrawal, the Buyer must send the Seller an email informing him of the exercise within 14 days after receipt of the right of withdrawal. A confirmation of receipt of this return request will be sent to him by Email with the indication of the return address of the product in their original packaging. It will be the responsibility of the Buyer to provide proof of this return of products and the date of return.
The refund will be made using the same payment method used by the Buyer for the original transaction, unless the Buyer expressly agrees that the Seller shall use another payment method.
8.2 Exception to withdrawal
The products returned by the Buyer must be intact, unopened and in perfect condition. Pursuant to the exception provided for in article L221-28, paragraph 5, of the Consumer Code, returned products that are unsealed, incomplete, damaged, damaged, deteriorated or soiled by the Buyer will not be refunded.
Pursuant to the exception provided for in paragraph 3 of article L221-28 of the Consumer Code, the right of withdrawal will not apply to orders for products that are subject to customization or a specific request by the Buyer when ordering (special formats, customized packaging,...).
Pursuant to the exception provided for in paragraph 7 of article L221-28 of the Consumer Code, the right of withdrawal is excluded in the case of the sale of alcoholic beverages whose delivery is delayed beyond thirty days
Section 9: Express waiver of the application of article 1587 of the Civil Code
The quality of a wine depends partly on subjective elements. The buyer is supposed to have a good knowledge of our wines. He is responsible for ensuring that the wines are in conformity on the day they are received. No return will be accepted without the prior agreement of the Seller.
Section 10: Legal guarantees
The Seller is obliged to apply the legal guarantees of conformity (articles L.217-5 to L.217-14 of the Consumer Code) and hidden defects (articles 1641 to 1649 of the Civil Code) under the conditions provided by law.
The Seller informs the Buyer that, when acting under the legal guarantee of conformity:
– he has two years from the date of issue of the property to act;
- he may choose between the repair or replacement of the good, subject to the cost conditions set out in article L.211-9 of the Consumer Code;
- it is not required to provide proof of the existence of the non-conformity of the property within 24 months after delivery.
The legal guarantee of conformity applies independently of any commercial warranty granted by the Seller. It is recalled that the Buyer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case he can choose between the resolution of the sale or a price reduction according to Article 1644 of the civil code.
In case of out-of-stock products ordered, the Seller may propose to the Buyer to replace them, with his agreement, either by another vintage or by an equivalent wine.
Reference to articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of the Consumer Code: The Seller delivers a good in accordance with the contract and is responsible for any defects of conformity existing at the time of delivery. He shall also be liable for any defects of conformity resulting from packaging, assembly instructions or installation where this has been contracted out to him or has been carried out under his responsibility.”
Article L.217-5 of the Consumer Code: “The property is in conformity with the contract:
1° If it is suitable for the usual intended use of a similar property and, where applicable:
- if it corresponds to the description given by the Seller and has the qualities that he presented to the Buyer in the form of a sample or model;
- if it presents the qualities that a Buyer can legitimately expect in view of public statements made by the Seller, the producer or its representative, particularly in advertising or labelling
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the knowledge of the Seller and accepted by the latter."
"Article L.217-12 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 liable for the warranty in respect of hidden defects of the thing sold which make it unfit for the use to which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would have given only a lesser price, if he had known them.”
"Article 1648 of the Civil Code, first paragraph: The action resulting from the vices must be brought by the purchaser within two years of the discovery of the defect."
If the non-conformity of the product or products is confirmed, the Seller will then, at the choice of the Buyer and subject to article L.217-9 of the Consumer Code:
or the reimbursement of the non-conforming product(s) or affected by a hidden vice, to the bank account debited at the time of sale, within 14 days after receipt of the non-conforming product(s),
either the exchange of the product(s) non-conforming(s) or affected(s) of a hidden vice at the request of the Buyer. The shipment of the product or products to the Buyer will be made at the expense of the Seller and according to the conditions of these GCS.
Section 11: Information - claims
The information relating to all products sold by the Seller is in accordance with the requirements of the legal and regulatory texts in force, and in particular articles L.111-1 and L.113-3 of the Consumer Code and by ministerial order of December 3, 1987 «on consumer information on prices».
The photographs, graphics, reproduction and descriptions of the products and their packaging offered for sale are indicative only and do not bind the Seller in any way subject to legal provisions of public order.
For any additional information, complaint or question relating to these GTC or the products themselves, the Buyer should contact the Seller at the telephone number 04.66.38.44.33 and/ or the following e-mail address: info@famillegassier.com with its order number if applicable.
Section 12: Electronic Files - Privacy
The Seller has set up an electronic file that lists certain personal data relating to its Customers and necessary for the management of orders and deliveries as well as the organization of commercial prospecting operations.
This database is hosted in France and has been the subject of a declaration to the CNIL under number 1571572, in accordance with the requirements required by the French law known as "Informatique et libertés" n° 78-17 of 6 January 1978, amended.
The Buyer has an individual right of access, rectification and deletion of personal data concerning him, in accordance with the law "Informatique et libertés" n°78-17 of 6 January 1978, amended, which he can exercise by sending an email to the following address: lacaveducanal@gmail.com
In addition, pursuant to article L.121-34 of the Consumer Code, the Buyer has the possibility to register on a list of opposition to telephone solicitation.
Section 13: Force majeure
The execution by the Seller of all or part of its obligations will be suspended in case of a fortuitous event or force majeure that would hinder or delay the execution.
Are considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds and especially those affecting transport, and problems of supply of the Seller.
The Seller shall inform the Buyer of such fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the Buyer will then have the possibility to cancel the current order, and its refund will be made according to the procedure set out in article 9 of these GTC.
Section 14: Disputes – applicable law – mediation – competent court
These GTC are subject exclusively to French law.
In the event of any dispute arising from the interpretation or execution of these GTC and its consequences, the Buyer may address a written complaint to the Seller by registered mail with acknowledgement of receipt at La Cave du canal, 231 Rue la Fayette, 75010 Paris.
In the event of failure to submit a complaint to the Seller or in the absence of a response from the Seller within two months of receipt of the written complaint, the Buyer may contact a consumer mediator free of charge who will attempt, in full independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with Articles L.612-5 et seq.
The Buyer must file his claim with the mediator within a period of less than one year from the date of his written complaint to the Seller.
The Buyer remains free to initiate, accept or refuse the use of mediation. If mediation is used, the parties remain free to accept or reject the solution proposed by the mediator.
In case of failure of the mediation, any dispute will be subject to the exclusive jurisdiction of the French courts designated in application of the French rules of procedure.