CGV
Last update: FEBRUARY 18 - 2022
These general terms and conditions of sale are concluded on one hand by SCEA PAPIN ET ASSOCIES with a capital of 150,000 euros, headquartered at 60, Chemin de Haute Perche 49610 Saint Melaine sur Aubance (France), registered with the registry of commerce and companies of Angers under the SIRET number 40320678200027, hereinafter referred to as DOMAINE DE HAUTE PERCHE and moreover, any person or body, interested in making a purchase via the Internet site: www.domainehauteperche.com, hereinafter called “the Client”.
These general terms and conditions of sale can be consulted by the CLIENT on the home page of the web site: www.domainehauteperche.com .
Contract purpose
The current general conditions of sale are aimed at specifying the contractual arrangements between DOMAINE DE HAUTE PERCHE and the CLIENT and the conditions that apply to any purchase made by the consumer via the e-commerce site www.domainehauteperche.com. The acquisition of a good or service through this site implies a general acceptance by the customer of these general terms of sale.
Legal Information
Order n°59-107 of January 7 1959 and the law n° 74-631 of July 5 1974 prohibits the sale and supply of alcoholic beverages to minors and similar categories. As a result, when you fill in your Order Form, you acknowledge having the legal competence to enter into this contract. DOMAINE DE HAUTE PERCHE collects personal data concerning the buyer and, when appropriate, the final recipient of the Order, all of the collected data is required to process your order and intended for the Services of DOMAINE DE HAUTE PERCHE. Personal data shall be processed pursuant to the amended law n°78-17 of January 6 – 1978 entitled “Information Technology and Liberties”, and regulation n°2016/679 of the European Parliament and the Council dating back to April – 27 2016, known as Data Protection Regulation.
You have a right to access, query, and amend and the right to rectify, update and delete all of your personal data, that is incorrect, incomplete, ambiguous or outdated, or the collection of which is forbidden, as well as the right to refuse in the framework of article 21 of Regulation 2016/679, the use of Personal Data for marketing purposes, notably for sales purposes, and data processing, when you are opposed to this practice, when accuracy is contested, or the processing is unlawful, or is necessary for the establishment, exercise or defense of legal claims. You are also entitled to portability rights with regard to your data.
Requests to exercise these rights shall be addressed by:
- post to DOMAINE DE HAUTE PERCHE – 60 Chemin de Haute Perche 49610 Saint Melaine sur Aubance - France;
- e-mail to
The abuse of alcohol is dangerous for the health. Consume with moderation.
The purposes, the recipients, the storage period, and the ways in which DOMAINE DE HAUTE PERCHE collects and processes personal data are presented in the site’s RGPD, which presents all of the information concerning data processing, as well as the rights of individuals concerned by this processing.
Features of goods for sale
The items on offer are those available in the catalogue on the site www.domainehauteperche.com. These products are offered within the limits of available stocks. Each item is presented with a description prepared by www.domainehauteperche.com. The catalogue’s photos are as accurate as possible, but cannot ensure a full similarity with the item for sale.
Guarantees
DOMAINE DE HAUTE PERCHE is bound by the statutory warranty against hidden defects, according to French law (Civil Code, article 1641 onwards) whereby the vendor guarantees an item against hidden defects which render it unfit for normal use, or which so impair that use that the buyer would not have acquired it, or would have given a lower price for it, if he had known of them. As wine is an organic product, the parties acknowledge that its quality may deteriorate, depending upon storage conditions.
Degradations caused by inappropriate shipping or storage conditions (temperature, humidity, exposure to light…) are not covered by this guarantee. As a result, the client must justify the wine’s storage conditions, before making a complaint based on article 1641 of the civil code.
Geographic zone
The online sale of items on the site is limited to buyers living in metropolitan France.
Tariffs
The prices in the catalogue are net and in euros, with the VAT applicable on the date of the order; any rate change will be reflected in the price of the goods.
DOMAINE DE HAUTE PERCHE reserves the right to modify its prices at any moment, however the price appearing in the catalogue the day of the order will be the only one applicable to the Client.
DOMAINE DE HAUTE PERCHE specifies that refunding will not take place in the case of a price decrease.
Delivery costs, customs taxes and formalities are the exclusive responsibility of customers. Shipping fees (published in euros, including VAT) are calculated as follows:
- 6 bottles: 27 euros
- 12 to 18 bottles: 33 euros
- 24 bottles: 37 euros
- As of 36 bottles: FREE DELIVERY
Orders
The CLIENT places an order via the Internet site www.domainehauteperche.com.
To acquire one or several items, he must respect the following procedure:
- Choice of items and add to cart
- Checkout
- Identification on the Internet site and registration on the customer’s account, including all of his required details
- Payment options and acceptation of sales terms
- Payment confirmation
The Client will receive confirmation of his order by an email.
During the ordering process, the Client will be able to view the details, as well as the total price and will be able to correct possible errors, before validating, thereby confirming his order.
DOMAINE DE HAUTE PERCHE reserves ownership of the goods until full payment of the order.
DOMAINE DE HAUTE PERCHE reserves the right to cancel or refuse to accept an order from a customer with whom a legal dispute exists in relation to payment for a previous order or client without the capacity to contract. Any order implies acceptance of price and description of products available for sale.
DOMAINE DE HAUTE PERCHE agrees to deliver orders received on its website only within the limits of available stocks.
Payment terms
Payment for purchases takes place by one of the following means, at the CLIENT’s convenience:
By bank card
By bank transfer*
By check*
*The goods will be sent to the buyer after reception of payment.
Control of orders
Due to growing cases of fraud with regard to online sales and in view of securing payments for orders placed by a CLIENT via the site www.domainehauteperche.com, DOMAINE DE HAUTE PERCHE will check the elements of the order before delivery.
In accordance with article L 3342-1 of the Public Health Code, which prohibits the sale of alcohol to consumers under the age of 18, the CLIENT declares that he is 18 years or over when he places an order.
DOMAINE DE HAUTE PERCHE reserves the right to ask the CLIENT to provide a valid copy of an official form of identification to confirm his age.
If DOMAINE DE HAUTE PERCHE makes this request, and the CLIENT fails to supply a valid ID document, the order will be cancelled by the company.
DOMAINE DE HAUTE PERCHE reserves the right to refuse an order for legitimate motives. Reasons for doing so include a suspicion of fraud linked to the non-conformity of an order.
All orders will be honored within the limits of available stocks.
Shipment and delivery dates
The delivery times indicated by DOMAINE DE HAUTE PERCHE are only given as an indication.
As a result, no compensation will be granted to the CLIENT if this delay is not respected and orders cannot be cancelled without DOMAINE DE HAUTE PERCHE’s explicit consent.
It is presumed that items shipped directly by DOMAINE DE HAUTE PERCHE are sent in perfect condition. All goods are shipped at the risk and expense of the customer and if damaged are the responsibility of the CLIENT or transporter.
Upon delivery, the buyer shall carefully check the conformity and state of the goods.
Any degradation or non-conformity should be precisely reported on the carrier’s delivery slip, and then confirmed in writing to DOMAINE DE HAUTE PERCHE, within 48 hours. In the absence of such notification on the consignment note or delivery slip, no exchange or refund shall be made. This will also be the case, if the confirmation is not received within the above time limit.
The compensation sum will under no circumstances be more than the value of the ordered goods.
DOMAINE DE HAUTE PERCHE pledges to deliver the orders placed by the Client within an appropriate shipping period.
If the goods have not been delivered within a period of 7 days, as of the date of receipt of payment, and if this delay is not due to a case of force majeure, the Client can cancel the order, by sending a registered letter with acknowledgment of receipt, to the following address:
DOMAINE DE HAUTE PERCHE – 60 Chemin de Haute Perche 49610 Saint Melaine sur Aubance (France). As a result, the amount paid by the Client will be fully refunded.
Estimated delivery times for France are as follows:
- France: 5 to 7 business days
- Outside of metropolitan France: Contact DOMAINE DE HAUTE PERCHE for details
The Client has a delay of 30 business days as of the shipping date to report the delay and to ask for the order to be cancelled and for the articles to be refunded. After this delay, it will be impossible to cancel the order. The customer is responsible for checking the condition of the delivered goods.
Any anomaly noted (missing products, damaged parcel, broken goods…) has to be reported within 2 days to DOMAINE DE HAUTE PERCHE, following delivery.
Circumstances beyond our control
We cannot he held liable for any loss, damage, errors or failure to deliver a shipment, once it is established that circumstances were beyond our control.
The following situations are circumstances beyond our control,
- unforeseeable events or cases of force majeure, notably: earth quakes, cyclones, storms, floods, wars, road, rail or plane accidents, embargos...
- all flaws or features linked to the nature of the shipping, even if we were aware of them when we accepted the order,
- any act, deficiency or negligence on the behalf of third persons, for example: the recipient, interested parties, customs authorities or other administrations, postal services, transporters, or other bodies handling the delivery on behalf of our shipping service, to directly serve remote unserved sectors, even if the sender did not request or was not informed about the intervention of a third party.
Indirect damage
In the case of non-respect of these agreements whatever the cause, DOMAINE DE HAUTE PERCHE shall be liable only to refund the delivery service subject to the above (delayed delivery), and under no circumstances any consequential damages claimed by the Client. These consequential damages and losses are understood in particular to refer to any loss of revenue, profit, interest or markets and any loss associated with the impossibility of using all or part of the shipment.
Shipping damage
If the package arrives at its destination damaged (broken bottles), the recipient should refuse the parcel. It is the transporter’s responsibility to inform DOMAINE DE HAUTE PERCHE. On receipt of this information, DOMAINE DE HAUTE PERCHE agrees to immediately resend the same order to the Client. In no case may the Client use shipping damage as a pretext for cancelling an order.
Withdrawal period: exchange or return
Pursuant to article L121-21 of the French Consumption Code, physical non-professional buyers, benefit from a legal delay of retraction of 14 days as of the delivery of the order, to return the product to DOMAINE DE HAUTE PERCHE for exchange or refunding with penalty.
After this deadline, no refund or exchange shall be made. Return shipping is at the customer’s expense. The Client will be refunded in full as soon as possible, and two weeks at the latest following the date on which he exercised his right of withdrawal.
Exchange or refunding conditions
The customer must return the articles unused, unopened and in perfect condition. They have to be sent back in a state, allowing them to be sold again. Otherwise they will not be refunded. The client must keep proof of shipment. In absence of proof, no exchange or refund will be made if the package is lost.
Responsibility
DOMAINE DE HAUTE PERCHE cannot be held liable for breach of contract, if a product is out of stock or unavailable, or due to force majeure, and in particular in the event of partial or all-out strike, flooding, fire or other natural disasters and generally speaking, any event preventing satisfactory execution of the order.
Electronic signature
The use of "OK" associated with the authentication and non-repudiation, and protection of the integrity of messages is an electronic signature. This electronic signature has the same value as a handwritten signature.
Proof
The computerized databases, preserved in the information technology systems of DOMAINE DE HAUTE PERCHE shall be considered by the parties as proof of the exchanges, orders, payments and transactions made between the parties.
Informal dispute resolution
The above described general terms and condition of sale are governed by French law. In the event of any difficulties in their application, please contact DOMAINE DE HAUTE PERCHE to find an amicable solution. If you are unsatisfied by DOMAINE DE HAUTE PERCHE’s response, the dispute shall be referred to the French courts.
Intellectual property rights
The sales contract concluded between the Client and DOMAINE DE HAUTE PERCHE does not entail any transfer of intellectual or industrial property rights. The reproduction of all or part of DOMAINE DE HAUTE PERCHE’s distinctive signs is strictly forbidden and is subject to prior authorization in writing from DOMAINE DE HAUTE PERCHE.
The elements on the site www.domainehautperche.com are protected by copyright, trademark law and patent laws.
Any reproduction of these elements, without the written consent of DOMAINE DE HAUTE PERCHE, expose offenders to prosecution.
Contractual provisions
The nullity of a contractual clause shall not entail the nullity of the general conditions of sale.
These general conditions of sale may be changed at any time without prior notification: the GCS applied are those in effect at the date of validation of the order by the CLIENT.
Headquarters:
DOMAINE DE HAUTE PERCHE – 60, Chemin de Haute Perche 49610 Saint Melaine sur Aubance (France)
SIRET number: 40320678200027
VAT number: FR94 403 206 782
Managing Director: Thierry Denjean
Publication Director: Thierry Denjean