Terms and conditions

Terms and conditions

1. Identification of the seller

These General Terms and Conditions of Sale (hereinafter the ‘GTC’) are offered by:

EARL Laurence et Laurent GAY – DOMAINE RIVIERE

Legal form : EARL

Share capital : 42600 €

Registered office : 553 Route des Tuillières – 69620 BAGNOLS

Registered with the Trade and Companies Register of Villefranche Sur Saône under number 39965851700020
 TVA number : FR79399658517

Email : contact@domaine-riviere.fr
Phone : 04 74 72 40 33

2. Scope of application

These GTC govern all sales concluded via the website www.domaineriviere.fr between EARL Laurence et Laurent GAY and any natural person of legal age acting for non-professional purposes.

Any order implies unconditional acceptance of these GTC.

3. Products and services

3.1 Wines

Each wine offered for sale on the website has a description available on the website. This description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code. The seller’s offers are exclusively reserved for natural or legal persons of legal age who accept the mandatory fields presented at the time of registration. The products comply with the requirements of French law in force relating to the safety and health of persons, fair trading and consumer protection at the time of their release onto the market.

3.2 Wine tourism services

Wine tourism services may include:

• visits to cellars or estates
• tastings,
• workshops,
• wine-related experiences or events.

Specific conditions (duration, number of participants, date, location) are specified on the relevant service page.

4. The offer

Validity of the offer. Unless otherwise specified, online sales offers presented on the website are valid as long as the products appear in the electronic catalogue and while stocks last.
Photographs are not contractually binding.

By placing an order, the Customer acknowledges that they are of legal age.

The Customer acknowledges that they have read and understood the specific terms and conditions of sale set out at the time of placing the order and expressly declares that they accept them without reservation. These general terms and conditions of sale govern the contractual relationship between EARL Laurence et Laurent GAY and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance.

5. Ordering

The Customer places their order directly on the website.
The order is considered final after:

• confirmation of the basket,
• acceptance of the GTC,
• full payment.

An order confirmation is sent by email.

6. Prices

Prices are indicated in euros (€), including all taxes (VAT included).
Delivery costs are indicated before the order is confirmed.

EARL Laurence et Laurent GAY reserves the right to modify its prices at any time, without affecting orders that have already been confirmed.

7. Payment

Payment is made online by credit card via a secure payment system.

The order is payable in full at the time of confirmation.

8. Delivery of wines

8.1 Terms and conditions

Wines are delivered to the address specified by the Customer when placing the order, only in the areas specified on the website.

8.2 Delivery times

Delivery times are given for information purposes only.
No compensation shall be payable for late delivery.

8.3 Receipt

The Customer is required to check the condition of the package upon receipt and to report any anomalies within 48 hours.

9. Right of withdrawal

9.1 Wines

In accordance with Article L221-18 of the Consumer Code, the Customer has a period of 14 days to exercise their right of withdrawal from receipt of the products (form at the bottom of the page).

Products must be returned:

• unopened,
• in their original packaging,
• in perfect condition.

Return costs are the responsibility of the Customer.

9.2 Wine tourism services

In accordance with Article L221-28 of the Consumer Code, the right of withdrawal does not apply to services:

• provided on a specific date or at specific intervals,
• already commenced with the Customer’s agreement.

10. Cancellation and postponement of services

The conditions for cancelling or postponing wine tourism services are specified on each service sheet.
Unless otherwise stated, any service not honoured by the Customer will not give rise to any refund.

11. Retention of title clause
Sales are concluded with retention of title, in accordance with Articles 2367 to 2372 of the Civil Code. The seller expressly reserves full ownership of the products sold until full payment of the sale price, as well as interest and incidental costs. In other words, failure to receive full and complete payment entitles the Seller to take back possession of the said products. By sending a registered letter with acknowledgement of receipt, EARL Laurence et Laurent GAY may demand the return of the products at the Customer’s expense and risk until full payment of the price.
In the event of opposition by the Purchaser to the return of the unpaid goods, a simple summary judgment order shall constitute termination of the sale and authorisation to take back the goods. Any deposits paid shall be retained as damages. Notwithstanding the retention of title clause, the purchaser shall bear all transport risks as well as any risks that may arise from the moment the goods are taken into possession. The purchaser shall therefore take out insurance and bear the costs thereof.

12. Liability

EARL Laurence et Laurent GAY guarantees the Customer the proper execution of the order placed by the Customer. However, EARL Laurence et Laurent GAY cannot be held liable for:

– Inappropriate behaviour during wine tourism activities.

– In the event of non-compliance by the Customer with the terms of these general terms and conditions;
– For any indirect and/or immaterial damage, including in particular bodily injury suffered as a result of the order, the use of the products or any loss of reputation that may occur during the use of all or part of the products.
EARL Laurence and Laurent GAY cannot be held liable for any malfunction of any kind relating to the computer equipment of the Visitor/Registered User/Customer or their Internet connection when accessing the Website.
Any identity theft, loss, misappropriation or unauthorised use of identifiers and/or the Personal Account and their consequences are the responsibility of the Customer. In all the above cases, the Customer is required to inform EARL Laurence and Laurent GAY immediately by email, specifying their surname, first name, postcode, town, date of birth, telephone number and the email address used for their Personal Account, to the following address: contact@domaine-riviere.fr to enable EARL Laurence and Laurent GAY to take measures to remedy the situation in particular to immediately cancel and/or update the relevant username and/or password.
Misuse of this reporting facility may result in liability for the person misusing it.
EARL Laurence and Laurent GAY cannot be held liable in the event of non-compliance with the legislation of another country from which the Order was placed by the Customer.
The performance by EARL Laurence and Laurent GAY of its obligations under this contract shall be suspended in the event of a fortuitous event or force majeure, as defined by Article 1218 of the Civil Code, which would hinder or delay performance. The following are considered cases of force majeure, automatically suspending delivery times: total or partial strikes, lockouts, transport interruptions, fires, government restrictions, natural disasters. In the event of force majeure, EARL Laurence and Laurent GAY cannot be held liable.

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13. Personal data

The personal data collected is necessary for processing orders.
It is processed in accordance with current regulations and the Privacy Policy available on the website.

14. Consumer mediation

In accordance with Articles L612-1 et seq. of the Consumer Code, the Customer may seek the assistance of a consumer mediator free of charge:

[Nom du médiateur]
[Coordonnées complètes]

To refer a matter to the mediator [Name of mediator], consumers must submit their request either in writing ([Name of mediator], (address + telephone number) or by email. The request must include: the claimant’s contact details, their contact details and registration number with [Name of mediator], a brief summary of the facts, the consumer’s expectations of the mediation and why, a copy of the previous complaint, and any documents relevant to the investigation of the request.

15. Applicable law and disputes

These GTC are subject to French law.
In the event of a dispute, an amicable solution will be sought before any legal action is taken.

Failing this, the competent courts will be those within the jurisdiction of the seller’s registered office.

16. Hypertext links
There are numerous outgoing hypertext links on the seller’s website. However, L’EARL Laurence et Laurent GAY cannot be held liable for the web pages to which these links lead. The user therefore agrees not to hold the website liable for the content and resources relating to these outgoing hypertext links.

17. Intellectual property

The elements reproduced on this website, whether visual or audio, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements without the publisher’s prior written authorisation will expose the offenders to legal proceedings.

18. Contact
For any information, complaints or questions relating to these general terms and conditions of sale, the Customer may contact EARL Laurence and Laurent GAY as follows:
– By sending an email to: contact@domaine-riviere.fr
– By calling the following telephone number: 04.74.72.40.33
– By post to the following address: Domaine Rivière 553 Route des Tuillières 69620 BAGNOLS.