General Terms and Conditions of Sale

IMPORTANT NOTICE:
Our site is subject to optimal security. The purchase process is ensured by the secured site of CREDIT AGRICOLE.
You do not make your purchase on our site but on the bank’s site. In no case, your credit card number is transmitted to us.
We therefore have no way of accessing your credit card number.

PREAMBLE

The present general conditions of sale (GCS) are concluded between :

– Domaine de Rocheville, a brand of SARL Les Hauts de Rocheville, located at Les Hauts de Valbrun, 49730 Parnay, France, hereinafter referred to as Domaine de Rocheville

Company with a capital of 400 000 €. SIRET number 753 024 520 00011 registered at the RCS of Angers.

Intra-community VAT number: FR26753024520

Hereinafter referred to as THE SELLER,

on the one hand and

– The persons wishing to make a purchase either by correspondence, or via the Internet site of Domaine de Rocheville, hereafter called THE BUYER,

on the other hand.

1 General provisions relating to these general terms and conditions of sale (hereinafter, the GTC)

1.1 Purpose of the GTCs

The GTC are applicable exclusively to the online sale of Domaine de Rocheville products on the website www.domaine-de-rocheville.fr, hereinafter referred to as the site, which is freely accessible to all Internet users.

1.2 Application of the GTCs

The General Terms and Conditions of Sale govern exclusively the online sales contracts of Domaine de Rocheville products to buyers who are consumers (hereinafter referred to as “consumers”) and, together with the order form, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs or photographs of the products, which are for information purposes only.

The GTC are applicable to products delivered to consumers established in metropolitan France and in the other countries served by the Domaine de Rocheville online store (in March 2021, this means Germany, Belgium, Denmark, Spain, Ireland, Luxembourg, the Netherlands, the United Kingdom, Austria, Italy, Portugal, Greece and Switzerland).

The T&Cs as well as all contractual information mentioned on the site are written in French and English.

1.3. Availability and enforceability of the GTCs

The General Terms and Conditions are available to consumers on the Domaine de Rocheville website via the hypertext link “General Terms and Conditions of Sale”, where they can be consulted directly; they can also be communicated to the consumer on request by telephone, e-mail or post.

The terms and conditions are opposable to the consumer who acknowledges, by checking a box provided for this purpose, to have been informed and to have accepted them before placing the order.

The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force at the day of the order whose conservation and the reproduction are ensured by the company Domaine de Rocheville in accordance with the article 1369-4 of the Civil code.

1.4. Modification of the GTCs

The Domaine de Rocheville company reserves the right to modify its GTC at any time.

In case of modification of the GTC, these modifications are opposable as from their on-line publishing and cannot apply to the contracts concluded previously.

The applicable GTC are those in force at the date of the order.

1.5. Clauses of the GTC

The nullity of a contractual clause does not involve the nullity of the GTC, except if it is an impulsive and determining clause having led one of the parts to conclude the sale contract.

The temporary or permanent inapplication of one or more clauses of the GTC by the company Domaine de Rocheville does not constitute a waiver of the other clauses of the GTC which continue to produce their effects.

2 Protection of minors

L’abus d’alcool est dangereux pour la santé. Sachez le consommer et l’apprécier avec modération.

Conformément à l’article L.3342-1 du Code de Santé Publique qui stipule que la vente d’alcool à des mineurs de moins de 18 ans est interdite, l’acheteur s’engage, en passant et payant une commande sur le site du Domaine de Rocheville, à avoir 18 ans révolus à la date de la commande.

3 Products

3.1 Characteristics

The products offered for sale and presented in the catalog published on the site are each the subject of a description accessible on the site of the company Domaine de Rocheville by clicking on each product; this description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code.

The photographs illustrating the products do not constitute a contractual document. The labels, back labels and the style of the bottles (except their capacity) in particular can vary without notice.

3.2 Compliance

The products comply with the requirements of French law in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.

4 Prices

4.1. Selling price

The selling price of the product is the one in force on the day of the order, and taking into account the VAT applicable on the day of the order.

The sale prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each of the products listed in the electronic catalog, in euros, all taxes included, excluding delivery and transportation costs.

The delivery and transport costs will be indicated to the consumers before the validation of the order and will be invoiced in supplement.

In the event of a promotion, the Domaine de Rocheville company undertakes to apply the promotional price to any order placed during the promotion period.

The total amount due by the consumer is indicated on the order confirmation page.

4.2. Modification

The company Domaine de Rocheville reserves the right to modify its prices at any time, while guaranteeing to the consumer the application of the price in force at the day of the order.

5 Duration of the offer

The online sales offers presented on the site are valid, in the absence of indication of particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.

6 Ordering

6.1. Steps in the conclusion of the contract

To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the button “Order” and provides the information relating to the delivery and the method of purchase.

Before clicking on the “Confirm Order” button, the consumer has the possibility to check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.

The confirmation of the order implies acceptance of the GTC and forms the contract.

After confirming the content of his order, the consumer will validate it definitively by the purchase. The order will be final only after the payment of the corresponding price.

An email acknowledging receipt of the order and its purchase is sent by the company Domaine de Rocheville as soon as possible.

6.2. Order modification

Any modification of order by the consumer after confirmation of his order is subjected to the acceptance of the company Domaine de Rocheville.

The company Domaine de Rocheville reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided in Article R. 132-2-1, V of the Consumer Code.

6.3. Validation of the order

The company Domaine de Rocheville reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers having the quality of consumers.

6.4 Unavailability of the ordered products

If the ordered products are unavailable at the delivery, the company Domaine de Rocheville informs the consumer immediately and can propose him a product of a quality and an equivalent price.

In the event of disagreement, the consumer is refunded at the latest in the thirty days of the purchase of the versed sums.

6.5. Archiving and proof

The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the Civil Code.

These communications, order forms and invoices can be produced as proof of the contract.

7 Purchase

7.1 Deliverable Wines

The products ordered are payable in full at the time of order and in Euros.

An invoice expressed in Euros including all taxes will be issued by the company Domaine de Rocheville and sent to the customer at the billing address indicated.

In case of non payment or refusal of authorization of payment by the accredited organizations, the company Domaine de Rocheville reserves the right to refuse an order.

7.2 Terms of purchase

The purchase is made immediately with the order by credit card or by check sent to the address of the head office as mentioned in article 1, cash mandate or transfer.

7.3. Securing the payment process

The purchase by credit card is made via the secure site called e-transactions of CREDIT AGRICOLE. This site is registered with the 3D SECURE (VISA SECURE).

8 Retraction

8.1 Deliverable Wines

As from the reception of the products, the consumer has a fourteen clear days deadline of retractation to send back the delivered products without having to justify himself, nor to pay a penalty, with the address appearing in article 1.
The expenses of return are chargeable to the consumer.

To return the products, the consumer must first send an email to the company Domaine de Rocheville contact[at]domainederocheville.fr specifying the number of the cancelled order in order to obtain a return number.

The company Domaine de Rocheville commits to reimburse the consumer at the latest within fourteen 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 original purchase invoice.

9 Delivery

9.1 Place of delivery

The products are delivered to the address indicated by the consumer on the order form, on a single site.

9.2. Time of delivery

The company Domaine de Rocheville commits itself to deliver the products within 15 days after reception of the order and the payment of the corresponding price.

9.3. Delay in delivery

The delay of delivery exceeding seven days and not due to a case of absolute necessity can involve the resolution of the sale by the consumer who, within sixty days wrought as from the date of delivery indicated, will give up its order by registered letter with request for acknowledgement of delivery, will turn over the products if necessary if they were delivered and will receive from the company Domaine de Rocheville at the latest within thirty days the restitution of its payment, with the exclusion of any compensation.

9.4. Terms of delivery

Delivery is made by an independent carrier and the goods travel at the risk of the recipient (art. 100 and 133-3 of the French Commercial Code) whether they are sent carriage forward, carriage paid in advance or carriage paid.

If the purchaser wishes a particular carrier, he has all modalities to choose and reserve it, with the express condition to assure totally and in advance the load of it.

Upon delivery, a delivery note must be signed by the purchaser who must verify upon receipt the conformity and the state of packaging of the product.

In the event of deterioration or partial loss of the product, the consumer must imperatively formulate reserves on the delivery order, a copy of which is addressed to the professional seller, and, within three days following this reception, notify these reserves to the carrier by registered letter with request for acknowledgement of receipt in accordance with article L. 133-3 of the Commercial Code in order to exercise his recourse.

Any delivery of an order is subject to the payment of any previous invoice.

9.5. Product compliance

If the product is not in conformity with the order, the consumer must address a complaint to Domaine de Rocheville in order to obtain the replacement of the product or possibly the resolution of the sale.

9.6. Default of delivery

In the event of a total failure to deliver, the contract of sale shall be cancelled by operation of law.

10 Warantees

10.1. Legal warranties

The French law applicable to the contract by virtue of Article 16 of the GCS cannot have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of Directive No. 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.

Article L211-4 French Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging.

Article L211-5 French Consumer Code
1° – To be in conformity with the contract, the good must :
Be fit for the purpose usually expected of similar goods and, where appropriate :
– correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample
– have the qualities that a buyer can legitimately expect, taking into account the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2° – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

Article L211-12 Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article 1641 French Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.

Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

10.2. Law applicable to guarantees

The French law applicable to the contract by virtue of Article 16 of the GCS cannot have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of Directive No. 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.

11 Intellectual Property

The elements reproduced on the present site, whether visual or sound, are the exclusive property of the editor, and are protected by copyright, trademark law and patent law.

Any reproduction and any diffusion of these elements, without prior written authorization of the editor, expose the offenders to legal proceedings.

12 Personal data

The collection of nominative data, their use for the treatment of orders and the constitution of customer files and their diffusion to third parties in charge of the execution and the purchase of the orders, are subordinated to the consent of the concerned person.

The processing of personal data, which are kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the National Commission for Information Technology and Liberties.

The consumer has at any time a right of access, of modification, correction and suppression of the personal data concerning it.

13 Dispute Resolution - Applicable Law

Any complaint must be addressed to the following service: Sales Administration, Domaine de Rocheville, Les Hauts de Valbrun, 49730 Parnay.

This contract and the GTC governing it are subject to French law.

Secure payments

You can pay by credit card in complete security thanks to our partner the Crédit Agricole. Our online store accepts CB, Visa, Mastercard and E-carte bleue.

For orders abroad, payment is also possible by remote banking card (by phone) and bank transfer.

Fast delivery

Delivery in France :
A flat rate of 20€ applies to all orders under 300€.
Above 300€, delivery is free.
Delivery in secure packaging, usually within 5 working days.

Delivery in Europe :
Shipping costs depend on the country of destination and the number of bottles. Please enter your address in our online shop to see the shipping costs for your order. Delivery in secure packaging, usually within 7 working days
For ordering more than 4 boxes (24 bottles), please call us on 0033 (0)2 41 38 10 00

Customer service

For any information about our wines or services, to place an order, track a parcel…, call us on 0033 (0)2 41 38 10 00 or send us a message via the contact page. We will be delighted to help you.