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General terms and conditions of sale

GENERAL TERMS AND CONDITIONS FOR ONLINE SALES WITHOUT SUBSCRIPTION

SARL COUSIN ET COMPAGNIE

APPLICABLE AS OF MARCH 1, 2021

Article 1: Definitions  

Words whose first letter of each word is capitalized shall have the meaning assigned to them in this article, whether in the singular or plural:

UGC : the general conditions of use of the Site

GTC : the present general terms and conditions of sale in their version in force on the date of the Order

Special Conditions : information concerning the main terms of the Order and its performance conditions (Article L121-19 of the Consumer Code)

Contract : the contract formed between the Client and SARL COUSIN ET COMPAGNIE concerning the sale and delivery of Products and made up of General Terms and Conditions and Sales Orders.

Client : exclusively, any natural person aged at least eighteen (18) years, acting as a consumer within the meaning of the first article of the Consumer Code, who agrees to fill in the mandatory fields for the registration of his order and has a delivery address located in one of the areas served by the Seller.

These GTC do not apply to legal entities acting for professional purposes within the meaning of the preliminary article of the Consumer Code, nor to individuals placing an order for the needs of their professional activity.

It is expressly forbidden to purchase Products on the Website for resale to anyone.

Seller: the term "Seller" designates SARL COUSIN ET COMPAGNIE

Site : the Internet site of the SARL COUSIN ET COMPAGNIE for the marketing of its Services and on which the Customer carries out his order.

Customer account : personal user account created on the Site by the Customer, whether or not it is necessary for the Order

Ordering : any order placed by the Customer, materialized by the confirmation sent by email by the SARL COUSIN ET COMPAGNIE to the Customer at the end of the process of order

Delivery: means home or store delivery.

Delivery time : period between the date of Order Validation and the date of Delivery of the Order to the Customer ;

Shipping costs : the cost of the expenses incurred by the Seller to deliver the Order to the delivery address indicated by the Customer

Territory: delivery zone accepted by the Seller, namely FRANCE and EUROPE.

Product : all products offered for sale on the Site.

Price : the unit value of a product; this value includes all taxes and delivery costs;

Total Price : the total amount of the cumulative Prices of the products which are the subject of the Order; this amount includes all taxes;

All Inclusive Price : the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes;

Any reference to the singular includes the plural and vice versa.

Any reference to one gender includes the other gender.

Article 2: General Provisions

 2.1 Preamble

The Seller's business is the sale of wine products, mainly consisting of the sale of retail bottles of wine.

The Customer agrees that the relationship with the Seller shall be governed exclusively by these general conditions of sale.

The Seller reserves the right to modify at any time the present general conditions of sale by publishing a new version on the Site.

The general conditions of sale are those in force at the date of validation of the order.

The Parties agree that the photos of the products for sale on the site have no contractual value.

2.2 Purpose and scope of the General Terms and Conditions of Sale

The purpose of these GTC is to define the rights and obligations of the Parties in the context of the Online Sale of products offered by the Seller to the Customer without subscription.

The present General Terms and Conditions of Sale are applicable to Orders placed for delivery in Metropolitan France or for collection in a shop.

The Customer declares that he/she has read these General Terms and Conditions of Sale before validating the Order.

 The Validation of the Order therefore implies acceptance without restriction or reservation of these General Conditions of Sale.

 The distance selling contract is formed when the Seller validates the Order.

 The distance selling contract consists of the GTC, the Order placed by the Customer and the payment by the Customer.

 The confirmation of the order by the Seller, the data recorded by the Seller by means of the automatic recording systems of the Website or by its distance selling service, as well as any electronic mail exchanged between the Seller and the Customer, shall be considered as proof of the nature, content and date of the transaction in the event of a dispute between the parties and shall be kept by the Seller for the time necessary in accordance with the legal rules of prescription.

Article 3: Information on the Products sold on the seller's website

The Seller takes particular care in the quality and presentation of each Product on the Website.

It indicates their sales name, quantity, price, accepted means of payment and any delivery restrictions, thus enabling the Customer to know the essential characteristics of the goods.

The photographs of the Products on the site are not contractual and are provided for information only.

The Seller reserves the right to modify its offer and its range of Products at any time.

The Seller undertakes to honour orders received on the Website only within the limits of available stocks.

Exceptionally, a Product announced as available on the Website could be unavailable after the order has been definitively registered.

In the event that the Product is unavailable, the Seller will inform the Customer by e-mail that the order is cancelled and will be reimbursed within thirty (30) days, unless the Customer expressly wishes to postpone the order for a substitute Product at the same price.

Article 4. Ordering and steps for concluding the Online Sale

4.1 General steps :

1.dial the address of the Site ;

2. Follow the instructions of the Site and in particular, the instructions necessary to open a customer account as defined in point 4.2.

 3. Carry out the order as described in point 4.3.

Customers have the possibility to place an order without creating a customer account or with creating a customer account.

 4.2. Creating a Customer Account

To create a Customer Account, the Customer must provide all the information required to process his/her Order, such as his/her identity, postal address and e-mail address.

The Seller may refuse to create a Customer Account if the information requested and indicated as mandatory is not provided.

The Customer acknowledges that the information provided is accurate and up-to-date. The Customer undertakes to make all necessary changes to keep it up to date so that the Seller can process the Order.

Before being able to create a customer account, essential to the realization of an order, the customer is invited to :

  • Get to know its privacy policy
  • Explicitly declare that you have read this policy
  • Agree to the processing of your personal data as indicated
  • Accept the T&Cs

 

Following the creation of his Customer Account, the Customer is immediately authorized to place an order.

The Customer acknowledges that he/she can only hold one active account.

The Customer will access his Customer Account using a password and an identifier, consisting of the email address used to create the Customer Account, which are confidential, personal, non-transferable and non-transferable.

The Customer undertakes to use his Customer Account in accordance with the GTC and the TOU. The Seller may suspend or delete his Customer Account in case of violation of the GTC or the GTC.

The Customer is solely responsible for any use that may be made of his login and password, and is the sole guarantor of their confidentiality, as well as any use of his account.

The Customer undertakes to inform the Seller immediately of any unauthorised use of his account, and of any breach of confidentiality and security of his means of identification.

If the Seller has legitimate reasons to believe that the security of the Site is violated or that it is misused, it may proceed with the temporary suspension of the Customer Account in order to preserve the integrity of the Site and the data and require the modification of these means of identification.

Article 4.3 How to place an Order

 To place an Order, the Customer must complete the following steps on the Site: 

1)      selection of the products he wishes to order;

2)      checking the details of the Order and its total price, as well as correcting any errors, orders for Products presented on the Site being taken into account as long as they appear in the electronic catalogue and within the limits of available stocks;

3 ) indication of the delivery address and the billing address ;

4) consultation and validation of the T&Cs ;

5) payment of the Order by following the indications and instructions provided on the Site.

At the end of the ordering process, the Seller shall send the Customer an Order confirmation e-mail containing the Special Conditions.

At each stage of the order entry process and before validation, the Customer has the possibility of correcting or modifying his choices.

The information communicated by the Customer when placing the order is binding: in the event of an error by the Customer in the wording of his or her details or those of the recipient or the place of delivery, in particular his or her surname, first name, address, telephone number, e-mail address, door code, floor, resulting in the loss of the Products, the Customer will be responsible for the payment of the lost Products and no compensation or reimbursement will be made. Before validating the payment of the order, it is the Customer's responsibility to check the accuracy of the order and to make any changes.

Any order placed by the Customer will only be final after the Customer has received confirmation of the order and after the bank has recorded the full price of the order, including delivery costs.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who presents any form of risk in his eyes.

The Seller may cancel, as of right and without notice, the Order in the event of non-payment, fraudulent payment or attempted fraud.  

Article 6. Prices of the Products

The prices mentioned on the Site are expressed in Euro, all taxes included.

The Price of the Products sold on the Site is indicated respectively by article and reference or by service and by reference.

At the time of Order Validation, the price to be paid is the All-Inclusive Price.

Any additional costs added to the price of the Product(s) ordered shall be subject to the express consent of the Customer.

The final price charged to the Customer is the All-Inclusive Price, which is the total amount of the purchase, including these fees and taxes.

The validity period of the offers and prices is determined by the updating of the Site.

The Customer acknowledges that the placing of an order necessarily entails the cash payment of the latter at the time of the order by bank card exclusively through a secure payment system, or monthly payment by bank card.

Article 7. Terms of payment

The payment of the All-Inclusive Price by the Customer is made solely by bank card by online payment via STRIPE's secure payment terminal. The bank cards accepted are those of the Carte Bleue, Visa, Eurocard / MasterCard and American Express networks.

The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.

By providing his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All-Inclusive Price.

To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his own. The Customer shall provide the sixteen digits and the expiry date of his credit card as well as, if applicable, the visual cryptogram numbers.

In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately terminated by operation of law and the Order shall be cancelled.

The Seller shall take all necessary steps to ensure the confidentiality and security of the data transmitted on the Site.

Article 8. Delivery of the Order

8.1 Delivery method 

The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.

Delivery can be made at home or in the shop at 2 rue du Pas Saint Georges, 33000 BORDEAUX.

Home delivery is provided by the Seller himself in the city of BORDEAUX at no extra cost, delivery being free in this case. 

Home delivery outside BORDEAUX, in FRANCE and in EUROPE, is carried out by CHRONOPOST services according to the latter's pricing conditions and depending on the volume of the order.

8.2 Delivery Address

 The Customer chooses a delivery address that must be located in the Territory, otherwise the Order will be refused.  

The Customer is solely responsible for any failure to deliver due to a lack of information at the time of the Order. 

8.3 Amount of the Delivery Charges

The delivery costs are indicated for each order before validation of the order. 

8.4 Delivery times 

Delivery times are available on the Site and may vary depending on the availability of the products ordered, but may not exceed 15 days following order confirmation.

If the ordered Products were not delivered within 30 days after the date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of consumption.

The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

Delivery times are given in working days and correspond to the average time required to prepare and deliver the Order in the Territory.

Delivery times shall run from the date of Order Confirmation by the Seller.

8.5 Delayed Delivery

In the event of a delay in delivery of less than 30 days, the Order shall not be cancelled.

The Seller shall inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by registered mail with acknowledgement of receipt.

If the Order has not yet been dispatched when the Seller receives the Customer's cancellation notice, the Delivery shall be blocked and the Customer shall be reimbursed for any sums debited within fourteen days of receiving the cancellation notice.

If the Order has already been dispatched when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller shall then refund the sums debited and the return costs paid by the Customer within fourteen days of receiving the return of the package that has been refused, complete and in its original condition.

8.6 Delivery tracking

The Customer may follow the progress of the Order processing in the space reserved for this purpose on the CHRONOPOST Site for deliveries outside BORDEAUX.

The Customer will also be informed by e-mail by the Seller.

8.7 Verification of the Order on arrival

The Customer is required to check the condition of the packaging as well as the Articles upon delivery.

It is the Customer's responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery.

The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the Products.

The Customer must also send a copy of this letter to the Seller. Failure to file a claim within the above-mentioned period shall extinguish any action against the carrier.

The Customer must ensure that the Products delivered to him/her correspond to the Order. In the event that the Products do not correspond to the Delivery note, the Customer must inform the Seller by e-mail.

In case of non-conformity of the received products compared to the ordered products, the Customer will have the choice to keep the received products if they are convenient for him/her, and the Seller will have to reimburse the price difference in case of difference in his/her favour. In the event of a difference in products in the Customer's favour, the Customer shall not have to pay any additional costs, the error being borne by the Seller.

If the Customer does not wish to keep the products, he must send them back to the address of the head office of the SARL COUSIN ET COMPAGNIE, located at 2 rue du Pas Saint Georges, 33000 BORDEAUX at the expense of the Seller, the error being at the origin of the latter.

The Seller will then proceed to reship the order in accordance with the order form at its expense after receipt of the returned order.

Article 9. Transfer of ownership and risks

The transfer of ownership of the Seller's Products to the Customer shall only be made after registration of the payment of the price.

The transfer of risks will take place at the Reception of the Products. "

From this date, the Customer shall assume full responsibility for any damage that the Products may suffer or cause. The Products travel at the Seller's risk.

Article 10. Right of withdrawal

The right of withdrawal does not apply to contracts for the supply of the following Products: 

–        Products unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection. 

Apart from this case, the Customer has a right of withdrawal which he/she may exercise within fourteen calendar days of the date of receipt or collection of the Order.

If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The Customer who wishes to exercise his right of withdrawal must return the Articles within the above-mentioned period, in their original packaging, complete and new.

The right of withdrawal may be exercised on plain paper or using the withdrawal form, the model of which is shown in Appendix 2 of these GTC. An acknowledgement of receipt on a durable medium shall be immediately communicated to the Customer by the Seller. 

The Products must be returned within fourteen (14) days following the notification to the Seller of the Customer's decision to withdraw, accompanied by the purchase invoice, in their original packaging and in perfect condition so that they can be sold again in new condition. Damaged, soiled or incomplete Products shall not be returned. 

If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) shall be borne by the Customer. 

The Customer will then be reimbursed for his or her purchase, at his or her choice, either by a credit note for the amount of the product(s) on his or her next order, or by a cheque for the amount of the product(s) within a maximum of 30 days following the date on which the right of withdrawal was exercised, provided that the returned products are in their original packaging, complete, in perfect condition and accompanied by the purchase invoice.

Article 11 - Product return :

The Seller informs the Customer that, despite the exclusion provided by the legal right of withdrawal, it will be able to arrange the return of the unsealed Product:

–        Only in the case of a bottle known as "corked", i.e. a bottle whose taste has been altered due to a conservation defect characterised by a cork taste.

In this case, only, the Seller may accept a return of the product provided that the Customer sends a photo of the bottle and the cap to the Seller. Based on this analysis, the Seller may proceed with the physical return of the disputed bottle, only if the Customer can come to the store, with the return of a new bottle at the Seller's expense in all cases.

Any bottle that has been opened by more than one glass cannot be accepted in this product return procedure.

This product return procedure is limited to a period of 6 months from the receipt of the order containing the disputed bottle.

Apart from this specific case, no product return will be accepted.

Article 12. Guarantee

The Seller guarantees the conformity of the products sold.

The Customer benefits from the legal guarantee of hidden defects, the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code on the products sold.

The Customer is solely responsible for the choice of the Products, their conservation and their use.

The Customer may exercise these guarantees by sending a request to :

The SARL COUSIN ET COMPAGNIE
2 rue du Pas Saint Georges
33000 BORDEAUX.

When the Buyer acts in legal guarantee of conformity, he :

- will have a period of two years from the delivery of the property to act;

- will be able to choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;

- will be exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods.

The guarantee of conformity shall apply independently of the commercial guarantee granted.

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, in this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Article 13. Intellectual Property Rights

Seller's brand COUSIN AND COMPANY as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images and logos appearing on the Products, their accessories and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller.

Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.

The content of the Website including, but not limited to, the texts, comments, illustrations, photographs and images reproduced on the Website are the exclusive property of the Seller and are protected by intellectual property rights. Any total or partial reproduction of the Website is strictly forbidden, except with the prior written authorization of the Seller.

Any violation of the Seller's trademarks and the integrity of the Products may result in civil or criminal proceedings.

Article 14. Confidentiality of the Data

Pursuant to Law 78-17 of 6 January 1978 as amended by Law n°2018-493 of 20 June 2018, it is recalled, in accordance with the Site's privacy policyThe Customer's personal data is necessary for the processing of the order and the preparation of invoices, in particular.

This data may be communicated to any of the Seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Website complies with the legal requirements for the protection of personal data, as the information system used ensures optimum protection of this data.

The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.

This right can be exercised under the conditions and according to the methods defined on the Website via its privacy notice.

The Customer must send any written request to the following address

The SARL COUSIN ET COMPAGNIE
2 rue du Pas Saint-Georges
33000 BORDEAUX

Article 15: Acts of God, force majeure, acts of third parties, fault of the client

The Seller's performance of its obligations under this Agreement shall be suspended in the event of the occurrence of an act of God, force majeure, acts of third parties and the customer's fault that would hinder or delay the performance thereof.

 The Seller shall notify the Customer of the occurrence of one of these cases within 8 days from the date of the occurrence of the event.

If the suspension of the Seller's obligations continues for a period in excess of 30 days, the Customer may cancel the current Order and the Seller shall refund the Order in accordance with the above conditions.

Article 16. Invalidity of a clause of the GTC

If any of the provisions of these GTCs were to be invalidated, such invalidity would not entail the invalidity of the other provisions of the GTCs which shall remain in force between the Parties.

Article 17. Non-waiver

The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.

Article 18. Complaints and amicable settlement of disputes

All disputes to which the purchase and sale operations concluded in application of the present general conditions of sale could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.

The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission (C. cons. art. L 612-1) or with the existing sectoral mediation bodies, the references of which are given on the Website, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

To do this, the Customer can write to the Customer service of SARL COUSIN ET COMPAGNIE by simple or registered mail at the following address

SARL COUSIN ET COMPAGNIEµ
Customer Service
2 rue du pas Saint Georges
33000 BORDEAUX

The Customer must indicate the nature of the dispute and the grievances held against SARL COUSIN ET COMPAGNIE so that the Customer service can bring an adequate answer.

If the Customer is not satisfied with the answer given by the Customer service, or in case of absence of answer, he can address a written complaint to the mediation service in which SARL COUSIN ET COMPAGNIE is a member.

Contact details of the mediation service :

SAS Mediation Solutions
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
Email: contact@sasmediationsolution-conso.fr

If the Customer is not satisfied with the answer given by the Customer service, or in case of lack of answer, the Customer can address the competent jurisdiction.

In any event and in accordance with Article 1530 of the Code of Civil Procedure, in the event of difficulties arising from the performance, interpretation or termination of their contract, the Parties are invited to attempt to settle their dispute amicably.

At the European level, the European Commission provides consumers with an online platform for settling disputes, the link to which can be found on the Seller's website and below:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of the article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, repair in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedoms.

Article 19 Applicable law

The distance selling contract concluded between the Seller and the Customer shall be governed by French law.

Article 20 Jurisdiction

Any dispute arising from the formation, interpretation or performance of this Contract shall be under the exclusive jurisdiction of the courts of the jurisdiction of BORDEAUX, notwithstanding multiple defendants or third party claims.

 

See Appendix 1: Legal Warranty Provisions

View and download Appendix 2: Withdrawal Form

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