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Domaine Vitòri

Terms and conditions of sale

Alcohol abuse is dangerous for your health, and should be consumed in moderation. The sale of alcohol to minors under the age of 18 is prohibited.

Article 1: Scope of application

These General Terms and Conditions of Sale apply to all orders placed via the website https://domaine-vitori.com/ whatever other clauses may appear in the purchaser's documents.

The Customer acknowledges having read these General Terms and Conditions of Sale and accepts their terms. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office shall apply.

Article 2: Orders 

SAS Fruits de nos passions undertakes to accept orders placed under the terms of these General Terms and Conditions of Sale and within the limits of available stocks. In the event of a stock shortage, SAS Fruits de nos passions undertakes to inform you of the lead times required to obtain the desired product.

SAS Fruits de nos passions will honour each order by making one or more deliveries of the products ordered. By validating his/her order, the Customer declares that he/she has read and accepts these General Terms and Conditions of Sale.

Orders can only be prepared and dispatched once payment has been received. An invoice will be sent by email as soon as the order is dispatched. SAS Fruits de nos passions reserves the right to cancel all non-compliant or dubious orders, as well as those from a Customer with whom there is any dispute.

Article 3: Prices

Prices shown include all taxes (applicable VAT, excise duties and any other taxes applicable on the day on which the order is placed, as any change may be reflected in the price of the products). In the case of deliveries outside mainland France, the prices shown include VAT and are supplemented by excise duties and other taxes in the Customer's country (and any other taxes applicable on the day the order is placed, as any change may be passed on to the price of the products), as well as the cost of administrative management of customs formalities. Product prices may change at any time depending on the pricing policy of SAS Fruits de nos passions. The products ordered are invoiced at the price in force at the time the order is registered.

Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks. Prices shown are net and exclude delivery costs. Shipping costs may vary depending on the number of products ordered and the country of dispatch.

Article 4: Validity of offers 

Products and promotional offers are subject to availability. If one or more products are unavailable after the order has been validated, SAS Fruits de nos passions undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, SAS Fruits de nos passions may modify the order or reimburse the Customer for the unavailable product(s) by crediting the payment card used to place the order.

SAS Fruits de nos passions delivers to Metropolitan France, for which customs formalities are required. Shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered. Deliveries to any other destination will be subject to a specific quote.

The wines come from our estate and are stored in our warehouse. Orders are delivered within 7 working days for mainland France after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited.

These times are indicated in the order confirmation received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer. It is the Customer's responsibility to check their parcels carefully on delivery in order to immediately make any clear and precise reservations to the carrier.

The Customer has a period of 3 days (article L133-3 of the French Consumer Code) in which to make a complaint and 10 days if he/she has not been able to check their good condition with the carrier (article L224-65 of the French Consumer Code). If clear and precise reservations are not made within the time allowed by law, the customer will not be reimbursed.

Any error or modification made by the Customer to a delivery order in progress will result in an extension of the planned delivery date. Any additional costs will be borne by the Customer.

Article 6: Withdrawal

In the case of an order for products: Pursuant to the provisions of article L.221-18 of the French Consumer Code, the Customer has a period of fourteen clear days from delivery of the order to return the item delivered for exchange or reimbursement, at the Customer's discretion, without penalty, with the exception of the cost of returning the item.

The Customer has a period of two years from the delivery of the goods to act from the discovery of the hidden defect. Notification of the desire to withdraw and returns can be made to our Customer Service by email or telephone (see the Contacts page for contact details) SAS Fruits de nos passions undertakes to reimburse the Customer within a maximum of fourteen days after notification of withdrawal and subject to the return of the products.

The cost of returning the product shall be borne by the Customer.

In accordance with article L.221-5 of the French Consumer Code, the Consumer Buyer may find below a standard withdrawal form for an order placed on the Site with a professional Seller Advertiser: Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract).

  • For the attention of : (details of the Seller Advertiser)
  • I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for
  • the provision of the following services (*) :
  • Ordered on (*)/received on (*) :
  • Name of Customer(s) :
  • Address of Customer(s) :
  • Signature of Customer(s) (only if this form is sent on paper) :
  • Date : (*) (*)

Delete as appropriate.

Article 7: Payment

All orders imply payment in accordance with the terms and means specified in the order process. Credit card payments are made via a secure online payment service. SAS Fruits de nos passions never has access to the Customer's bank details. A payment order made by bank card cannot be cancelled. Payment of the order by the purchaser is therefore irrevocable, without prejudice to the Customer's right to retract or cancel the order at a later date.

Article 8: Retention of title

In accordance with the law of 1st May 1980, the products delivered to the Customer are sold subject to retention of title. Transfer of ownership is subject to full payment of the price of the products by the Client on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, SAS Fruits de nos passions may claim ownership of the products at the expense and risk of the Customer.

Article 9: Personal data

All the data you provide when you visit Customers on https://domaine-vitori.com/ are strictly confidential. None of the Customer's personal data or details will be sold or rented to anyone without their prior agreement.

Customers‘ personal data will be used by SAS Fruits de nos passions to process orders and, where applicable, to contact them for information relating exclusively to our services: accounting, credit card or other payment card control and selection, marketing and statistical analyses, testing, system maintenance and development, Customer surveys, Customer relations, improvement of our future communications, and better identification of Customers’ needs and preferences.

SAS Fruits de nos passions may collect, store and use the following data: name, email address, physical contact details, date of birth and sometimes delivery, billing or other order-related information.

In application of the French Data Protection Act of 6 January 1978, the Customer has the right to access, modify, rectify and delete data concerning him or her. The Customer may exercise this right by sending a letter to Customer Services (see the Contact page for contact details).

If your telephone number is collected when you create an account or place an order, we inform you that your telephone details will only be used to process your orders or to contact you in order to offer you new services.

Without prejudice to the foregoing, in accordance with legal provisions, you are hereby informed that you may, if you wish, register on the opposition list against telephone canvassing. You can register free of charge on this list, which applies to all professionals except those with whom you have already concluded a contract.

Article 10: Warranties

SAS Fruits de nos passions is bound by the legal guarantee against hidden defects, as defined in Article 1641 et seq. of the French Civil Code: ‘The seller is bound by the guarantee against hidden defects in the goods which render them unfit for the purpose for which they were intended, or which impair that purpose to such an extent that the buyer would not have purchased them, or would only have paid a lower price for them, had he or she known of them.

Consequently, the Customer has up to 2 months after the date of delivery to send a complaint to SAS Fruits de nos passions. After this period, SAS Fruits de nos passions will no longer be able to guarantee the products and the Customer will have to prove that any deterioration occurred prior to receipt. The products benefit from the legal guarantee of conformity envisaged by articles L217-4 and following of the Code of Consumption.

The Customer is reminded that :

  • You have two years from the date of delivery of the property to take action;
  • May choose between repairing or replacing the good, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code;
  • Is exempt from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good. The Customer who wishes to invoke the legal guarantee of conformity must inform SAS Fruits de nos passions.

If the reasons for the return are well-founded, the Products concerned will be returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery and return costs will be reimbursed. The returned Product(s) will be reimbursed by crediting the bank account linked to the bank card used to pay for the order. The date of reimbursement may be deferred until the date of actual receipt of the Product(s) at the above address.

Article 12: Liability

All texts and photos presented are for information purposes only and are in no way contractual. SAS Fruits de nos passions reserves the right to make changes to its website, its procedures and these General Terms and Conditions of Sale. The Customer is subject to the General Terms and Conditions of Sale in force at the time the order is placed.

SAS Fruits de nos passions cannot be held responsible, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

Article 13: Applicable law

The language of this contract is French. All the clauses of these General Terms and Conditions of Sale, all transactions and purchasing operations carried out via the site https://domaine-vitori.com/ as well as by post and phone are governed by French law.

Any dispute that cannot be settled amicably will be subject to the jurisdiction of the Courts of the registered office of SAS Fruits de nos passions or the Court of the department chosen by the Customer.

Article 14: Protection of children

In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer undertakes to be at least 18 years of age when placing an order on the site. https://domaine-vitori.com/. Main applicable texts Article L217-4 of the French Consumer Code ‘The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.
Article L217-5 of the Consumer Code ‘The goods conform to the contract:

1° Whether it is fit for the use ordinarily expected of similar goods and, if so :

  • if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
  • it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his 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 attention of the seller and accepted by the latter’.

Article L217-12 of the Consumer Code

‘Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L221-28 of the Consumer Code ‘The right of withdrawal cannot be exercised for contracts (...) :

7° The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader (...)’.

Article 1641 of the French Civil Code

‘The seller is liable for any hidden defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article L3342-1 Public Health Code

‘The sale of alcoholic beverages to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in public houses and all shops or public places. The person supplying the drink shall require the customer to provide proof of having reached the age of majority (...)’.

 

CONSUMER MEDIATION

According to article L.612-1 of the French Consumer Code, ‘all consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional.

To this end, the trader shall guarantee the consumer effective recourse to a consumer mediation scheme’.

In this respect, ALLO MY COACH offers its Consumer Clients the possibility of mediation by a consumer mediator, whose contact details are as follows, in the event of disputes that cannot be resolved amicably:

Mediator for the Médicys approved mediation centre
[email protected] • https://medicys-consommation.fr/

Mediation is not compulsory, but is offered solely as a means of resolving disputes without resorting to the courts.