1 – Acceptance of these General Conditions of Sale
Updated on : 14/12/2018
These conditions apply to the sale of products by EARL DOMAINE SALADIN on its shop accessible via the Internet. They are automatically made available to the buyer on the home page of the website. Consequently, the fact of placing an order implies the buyer’s full and unreserved acceptance of these “General Conditions of Sale” (hereinafter referred to as GTC), to the exclusion of all other documents such as prospectus, press, catalogs or e-mailing, issued by the seller and which are only indicative. The fact that the seller does not avail himself at a given time of any of the provisions hereof cannot be interpreted as a waiver of his subsequent reliance on any of the said conditions. Our offers are exclusively reserved for private customers. If you are a professional, and in order to comply with the legislation in force, please let us know so that we can establish a DSA (Simplified Support Document) that will accompany the goods.
2 – Legal information
Denomination : EARL DOMAINE SALADIN
Head office : 235, chemin de Coulet – 07700 Saint Marcel d’Ardèche
Phone : 04 75 04 63 20
Email : contact@domaine-saladin.com
Website : https://domaine-saladin.com
Website host : OVH
Legal representatives : Marie-Laurence et Elisabeth SALADIN
3 – Design and Development
Design & Conception : ARÔME COMMUNICATION ET DESIGN
Arôme anadvertising and communication agency developed the Saladin domain website. The website reflects the values, history and projects of this much appreciated wine estate. Our communication agency in Avignon supports its clients throughout France.
Dévelopment : ARÔME COMMUNICATION AND DESIGN
4 – Definitions
For the purposes of these general conditions, the singular implying the plural and vice versa, the following definitions apply to the terms used with a capital letter:
« Product » : any marketed good offered for sale by the Company on the Site.
« Client » : any User who has previously registered to make an online purchase on the Site. The Customer is exclusively a non-commercial natural person:
either over 18 years of age and have full legal capacity to make a sale ;
either under the age of 18 and emancipated or duly authorized by their legal representative to conclude a sale.
« General conditions » : terms of use of the Site and sale of Products on the Site, as accepted by Users and Customers.
« Shipping cost » : shipping costs payable by the Customer for the delivery of the Product (s) to the delivery address indicated by the Customer when ordering.
« Website » : e-commerce site, accessible at the address , published by EARL DOMAINE SALADIN, allowing the latter to offer the Products for sale on the Internet.
« Society » : EARL DOMAINE SALADIN, publisher of the website, owner and operator of the Products worldwide.
« User » : any person who uses the Site.
5 – Object
The purpose of these General Conditions is to define the conditions of use of the Site by Users and the terms of sale of Products between the Company and its Customer.
By using the Site, the User accepts the following General Conditions concluded with the company.
These General Conditions apply to the exclusion of all others. They take precedence over any mention or indication on the Site or other publications of or about the Company.
The User acknowledges having read and accepted without reservation, modification or restriction, these General Conditions.
The User has the possibility to print these General Conditions or to save them in pdf format on a durable recording medium.
6 – Registration on the Website
6.1 – Registration on the Site is free and necessary for its advanced features such as the purchase of a Product.
To access these services, the Customer must create a Customer Account by registering on the Site using the “Create an account” button in the “Identify” section.
When registering on the Site and creating their Customer Account, the Customer chooses a login and password which are strictly personal, confidential and non-transferable. The information communicated by the Customer when registering and each time the Site is used is kept by the Company under the conditions, in particular for the duration, set by the laws and regulations in force in France.
6.2 – The Customer agrees not to allow a third party to access and / or use his Customer Account. The Client is solely responsible for any use, even without his knowledge, of his Client Account and / or his password by a third party, and he alone bears the consequences. The Client undertakes to inform the Company without delay of any use by a third party of his Client Account and / or his password.
Unless the Company expressly authorizes it, the Customer is prohibited from creating or using other Customer Accounts than the one initially created in his name on the Site, whether under his own identity or that of a third party.
6.3 – The Client agrees to comply with the following cumulative conditions: the Client must complete the fields of the Site registration form and agrees to provide the Company with only complete and accurate information. The Customer must in particular indicate his postal and telephone contact details, as well as his e-mail address.
In order for the Company to be able to provide him with quality service, the Customer undertakes to update, as soon as possible, the information provided through his Customer Account, in particular concerning his postal and bank details as well as his e-mail address. . The Customer is solely responsible for the direct or indirect damage that he is likely to suffer in the absence of updating of this information, for which he will assume the consequences alone.
7 – Products
7.1 – The Products offered for sale on the Site are precisely described in their respective sheet, with the greatest possible accuracy.
7.2 – The photographs and illustrations accompanying the Products on the Site have no contractual value and do not engage the responsibility of the Company.
7.3 – Product offers and prices appearing on the Site are valid as long as they are visible and available for sale.
However, the Customer is reminded that adding to the basket does not constitute validation of the order.
8 – Customer service
For any questions about the Products, the Site, these General Conditions, the Company’s Customer Service can be contacted:
By phone from monday to friday at 04 75 04 63 20 (Cost of a local call in mainland France) ;
By email to the address through our form.
By mail to the following address DOMAINE SALADIN, 235 chemin de Coulet, 07700 Saint Marcel d’Ardèche
9 – Ordering Products
9.1 – The Customer can order :
on the Site via their Customer Account
9.2 – On the Site, the order of the Products is formalized according to the following steps:
Choice of Products by the Customer in the basket;
Basket validation;
Identification of the Customer on the Site / Creation of a Customer Account by the User;
Acceptance of the General Conditions by the Client;
Validation of payment by the Customer;
Confirmation of the order by e-mail from the Company sent to the Customer with indication of the estimated date of delivery.
9.3 – Any order implies acceptance by the Customer of the prices and description of the Products available for sale.
Customers are strongly advised to keep a copy of their order on paper or on a reliable and durable recording medium.
9.4 – In the absence of validation of the order by the Company, the order is not deemed to be taken into account.
9.5 – The Company undertakes to honor orders received on the Site and duly validated within the limits of available stocks.
In the absence of availability of one or more Products ordered on the Site, the Company undertakes to inform the Customer by email. The Product order will then be canceled and its price refunded, the rest of the order remaining firm and final.
9.6 – The Company reserves the right to cancel or refuse any order from a Customer for a legitimate reason, relating for example to a difficulty in supplying a Product, a problem with the order or delivery, the abnormality of the order or when there is a dispute concerning a previous order, and in particular its payment or a systematic return of the Product (s) by the Customer. The responsibility of the Company can in no case be engaged in this respect.
9.7 – The Company will inform the Customer only by email. The Customer is therefore asked to consult his email box regularly.
10 – Prices, Promotions and Payment
10.1 –The prices of the Products on the Site are in euros, all taxes included, excluding variable delivery costs depending on the desired delivery location. For all so-called “Deliverable” wines, the prices are indicated in Euros (€) including tax (amount of 20% VAT), excluding shipping costs in metropolitan France only.
The Company reserves the right to modify its prices at any time without notice. The Products will be invoiced on the basis of the prices in force at the time of validation of the order by the Company.
10.2 – Payment for the Products is made in euros on the Site by:
credit card: Visa, Carte Bleue, Mastercard, American Express;
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes the Company to debit his bank card for the amount corresponding to the price of the order placed on the Site.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiration date of his bank card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the debit of the price of the order was impossible, the sale of the Products will be automatically terminated and the order canceled.
10.3 – The Customer agrees to pay the full price when ordering.
The order will only be validated by the Company subject to receipt of the full price by the Company. The Products will remain the property of the Company until full payment of the price by the Customer.
10.4 – Promotions :
Discounts and promotions cannot be combined with each other and are limited to once per household (same name, same address) and per year.
11 – Shipping and Delivery
11.1 – No order will be shipped without prior validation by the Company.
11.2 – The Products will be delivered to the address indicated by the Customer when ordering. No modification can be made after shipment. Orders placed on Friday after 4 p.m., on a Saturday, Sunday or public holiday, will be processed on the first following working day.
11.3 – The order will be delivered according to the Customer’s choice:
to the delivery address indicated when ordering;
in mainland France according to the average delivery times of the COLISSIMO service or the carrier, from Monday to Saturday;
11.4 – For the follow-up of his current order, the Customer can consult his Customer Account, the site of the partner in charge of the delivery or contact Customer Service.
11.5 – It is the Customer’s responsibility to check the condition of the Products delivered and to report to the Company’s partner in charge of delivery, within 3 (THREE) days of the delivery of the Products, any anomaly, shortcomings, damaged or open packages, Product (s) missing or defective, …
This report will be made directly to EARL Domaine Saladin by email or by registered or registered letter with acknowledgment of receipt to the address: DOMAINE SALADIN, 235, chemin de Coulet – 07700 Saint Marcel d´Ardèche
In the absence of a complaint within the aforementioned period with the said partner and the Company, any action will be terminated and the Products are deemed to be accepted without reservation.
The price of the undelivered Product (s) will then be fully refunded to the Customer, the delivery costs remaining at his expense.
11.6 – The Customer will not be able to claim any reimbursement or damages, in particular when delivery could not be made due to:
a lack of information when ordering or an error by the Customer in the wording of his contact details or those of the place of delivery;
of his absence;
of its unavailability.
11.7 – Shipping costs
Shipping costs vary depending on the type of transport and the number of bottles in metropolitan France only.
From 6 bottles: 18 €
12 bottles or more: Free delivery.
11.8 – Delivery delay :
From receipt of your shipping confirmation email, it takes 3 to 7 working days for delivery, after this time contact us to follow up your order.
In the event of breakage or damage to your package, please refuse your entire order and contact us, we will open a case of overdue packages.
We are committed to shipping your entire order as soon as possible.
To facilitate delivery, please give us a phone number, your availability and a delivery window.
We work with good carriers on a daily basis, but to err is human.
We make no commitment on the delivery time but on the completion of the order.
In the event that you are expecting a package for an event or a specific date, it is imperative to allow 10 days in the event of breakage to provide for a re-delivery.
11.9 – Right to retract
Pursuant to article L. 121-18 of the Consumer Code, the customer has a withdrawal period of seven clear days from the delivery of his order to return unwanted products in their original packaging. origin, for exchange or refund, without penalty, with the exception of return costs. The customer must in any case inform the sales department in writing (telephone, e-mail, letter) of his decision before returning the goods. The bottles must be neither opened nor damaged and in their original box.
As an exception, these provisions will not apply to orders for products subject to personalization or to a specific request from the customer when ordering (special formats, personalized packaging, etc.).
12 – Product Guarantee
Article 211-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. ”
13 – Propriété Intellectuelle
13.1 – Rights to the Site and its content
The Site, the Products offered as well as the databases incorporated into it are the exclusive property of the Company.
Consequently, any extraction, partial or total reproduction, transfer of the Site and / or the elements it contains, such as databases but also any use other than their consultation on the Site, are strictly prohibited without prior written authorization. of the Company, apart from the exceptions provided for and strictly governed by the laws in force, and in particular the Code of Intellectual Property.
13.2 – Rights to the Site and its content
The Site, the Products offered as well as the databases incorporated into it are the exclusive property of the Company.
Consequently, any extraction, partial or total reproduction, transfer of the Site and / or the elements it contains, such as databases but also any use other than their consultation on the Site, are strictly prohibited without prior written authorization. of the Company, apart from the exceptions provided for and strictly governed by the laws in force, and in particular the Code of Intellectual Property.
14 – Data
14.1 – Cookies and data
The User is informed that the use of the Site and its services may require the installation of a cookie on his hard drive when browsing the Site. A cookie does not allow the User to be identified; on the other hand, it records information relating to its navigation of its computer on the Site that the Company can read during its subsequent visits, in order to facilitate the User’s navigation.
The retention period for this information is 1 (ONE) year.
The User can manually delete this information from his computer station, by following the procedure applicable to his operating system and to his Internet browser.
In the event that the User chooses to refuse the receipt of cookies on the hard drive of his terminal, the operation of the Site will not be guaranteed.
The Company may need to collect anonymous data concerning the flows and traffic generated when the User’s computer is connected to the Site, such as: access providers, IP address, type and version of the browser used, duration of your connection, etc. This data is collected, in particular, in order to meet its legal obligations and can also be used for statistical purposes in order to analyze the visits to the Site and to improve it by adapting it to the needs and tastes of the User. These data are never used by name.
14.2 – Personal data
When using the Site Services, Customers may be required to communicate personal data to the Company, in particular when registering on the Site and via their Customer Account.
14.2.1 – Confidentiality
Customers are fully responsible for access to their Customer Account and in particular for the confidentiality of the identifiers (login and password) they have chosen. They undertake not to disclose them, but also not to allow their use by unauthorized third parties for any reason whatsoever.
The Customer agrees to contact the Company as soon as possible at the slightest suspicion of hacking or of using their Customer Account without authorization.
The Company cannot be held responsible for any identity theft or misuse of the Client Account and the possible consequences that may result.
14.2.2 – Nature and processing of personal data collected
In accordance with the law, the communication of personal data is optional based on the Customer’s explicit agreement to use the services of the Site.
The Customer is informed that these treatments, in particular the management of e-mail addresses, Customer and Prospect files for online sales, are carried out by the Company and have been duly declared to the Commission Nationale Informatique et Libertés (CNIL) on March 26. 2014, under number XXXXXXXX.
The Company collects and processes the personal information communicated by the Customer in order to operate the Site and its services optimally and allow the ordering of Products through the Site.
The personal data thus collected are intended, first of all, for the Company in the case of the management and the security of the Site but also of the database management of customers and prospects.
With the exception of the terms of these General Conditions, other data is kept by the Company at the latest 3 (three) years after the end of the commercial relationship.
14.2.3 – Transfer of personal data
The Company undertakes not to communicate, assign or globally transfer personal data to third parties without having previously obtained the written consent of the Client concerned, except as required by law or requested by the competent and authorized authorities.
The Customer concerned may object to the transfer of his personal data to third parties by checking the box provided for this purpose when registering.
However, subject to its opposition, the Customer’s personal data may be communicated to third parties, the Company’s business partners, in particular in the context of the ordering and delivery of the Products.
14.2.4 – Right of access, rectification, opposition or deletion to the processing of personal data
In accordance with the French law known as “Informatique et Libertés” n ° 78-17 of January 6, 1978 modified by the law of August 6, 2004, the Customer having communicated personal data has a right of access, rectification of ‘opposition and deletion of the processing of his personal data which he exercises free of charge by sending an e-mail to contact@domaine-saladin.com or by writing to the following address: DOMAINE SALADIN, 235, chemin de Coulet – 07700 Saint Marcel d’Ardèche.
At any time, the Customer may, for legitimate reasons, oppose the processing of data concerning him and in particular request the closure of his Personal Space, which will result in the irreparable and definitive erasure of the personal data contained therein within a period of time. of 1 (one) month.
14.2.5 – Newsletter and prospection
The Customer can subscribe to the Site’s Newsletter free of charge in order to be informed of the Company’s offers, its events, and new Products.
The Customer has the possibility at any time to modify the information he wishes to receive or to unsubscribe in the link provided for this purpose in each newsletter or messages sent for prospecting purposes.
14.2.6 – File protection
In accordance with the provisions of Law No. 98-536 of July 1, 1998, transposing Directive 96/9 / EC of March 11, 1996, concerning the legal protection of databases, EARL DOMAINE SALADIN is the producer and owner of all or part of the databases making up this site. All data on this site (texts, images, graphics, logos, icons, etc.) are protected by copyright.
15 – Responsability
15.1 – The Company cannot be held responsible for items beyond its control, nor for any damage that may be suffered by Users or their technical environment, and in particular their computers, software, equipment, networks (modems, telephones, etc.) and all material used to access or use the Site.
The Company uses all reasonable means at its disposal to ensure quality access to the Site but is not bound by any obligation of result in this matter.
In order to ensure its maintenance, or for any other reason of its own, the Company reserves the right, without notice or information to Users, to interrupt, temporarily suspend or modify access to all or part of the Site, without this interruption, suspension or modification of access giving rise to the right to any obligation or compensation on its part, regardless of the damage possibly suffered by it or by third parties as a result of these dysfunctions or unavailability.
15.2 – The Company may be exempt from all or part of its liability in connection with the execution of the online sale of the Products of which it is only a distributor, and in no case manufacturer, by providing proof that the non-performance or the improper execution of these General Conditions is attributable to the Client, either to the unforeseeable and insurmountable fact of a third party, or to a fortuitous event or a case of force majeure.
In any event, the Company can only be held liable for direct damage caused by the Products sold on its Site or the sales service, to the exclusion of any other. The amount of compensation due by the Company, in this context, may not exceed the price of the order including all taxes and excluding delivery costs.
16 – Duration and Updates
These General Conditions are concluded for an indefinite period from the use of the Site by the User.
These General Conditions come into force on the date of validation of the order and are concluded for the period necessary for the delivery of the Products to the Customer, until the expiry of the Company’s guarantees and obligations.
They are likely to evolve with the Site and the Company’s activity. The User, having accepted the terms, is invited to check their updates regularly. Unless there is a major change that has consequences on the User’s situation, and which may give rise to an alert on the Site, the User is deemed to accept these regular updates.
17 – Other information
17.1 – If one or more stipulations of these General Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
17.2 – The fact that one of the parties does not invoke a breach by the other party of one of the obligations referred to in these General Conditions cannot be interpreted for the future as a waiver of the obligation in cause.
18 – Applicable law, language and competent jurisdiction
18.1 – These General Conditions are subject to French law.
18.2 – In the event of a dispute over the interpretation, execution or validity of these General Conditions, the French courts will have sole jurisdiction.
18.3 – With regard to sales between professionals, the courts of the head office of EARL DOMAINE SALADIN will have sole jurisdiction for any dispute arising from the application hereof.
With regard to sales between individuals, the directives and regulations of the European Union, in particular the Brussels Convention, will be applied.