General Terms and Conditions of Sale and Use (GTCU)
EARL PASCAL RENAUD is an EARL (Exploitation agricole à responsabilité limitée), registered in the Mâcon Trade and Companies Register under number 408 487 056, with its registered office at impasse des tonneliers in SOLUTRÉ-POUILLY (71960).
hereinafter referred to as “DOMAINE PASCAL RENAUD
Share capital: 89 944.00 euros
VAT NUMBER: FR40408487056
Tel : 03 85 35 84 62
Email: contact@domainepascalrenaud.fr
1 – Purpose
These General Conditions of Sale and Use (hereinafter referred to as “GCS – GCU”) define the rights and obligations of the parties in the context of the sale of products by DOMAINE PASCAL RENAUD via its Internet site domainepascalrenaud.fr (hereinafter referred to as the “Site”) to any natural person of legal age who is a consumer, excluding any purchase for resale (hereinafter referred to as the “Customer”).
Any sale of wine by DOMAINE PASCAL RENAUD is consequently governed by these GSC-GGU. Consequently, the fact that the Customer places an order on the Site implies unreserved acceptance by the Customer of these GCS – GCU.
The GCS – GCU govern online sales contracts with consumers exclusively and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, such as leaflets, emails, catalogues or photographs of products, which are for information purposes only.
By placing an order on the Site, the Customer undertakes to be at least the age of majority in your State or province of residence. They also undertake to have the legal capacity to enter into this contract on the date of the order, it being remembered that in accordance with article L. 3342-1 of the French Public Health Code and Ordinance no. 59-107 of 7 January 1959 and Law no. 74-631 of 5 July 1974, the sale and offer of alcoholic beverages to minors and persons of equivalent status is prohibited. The Customer also undertakes to ensure that his order is not intended for consumption by minors.
2 – Modification
DOMAINE PASCAL RENAUD reserves the right to modify these GSC – GCU at any time. All orders placed are subject to the GCS – GCU appearing online on the day of the order.
3 – Products offered for sale
The products offered for sale are those shown on the Site. Each product is accompanied by a description and one or more photographs, which are not contractually binding.
DOMAINE PASCAL RENAUD undertakes to supply the product ordered by the Customer within the limits of available stocks.
Given the rare nature of certain products, which are also subject to the vagaries of the weather, DOMAINE PASCAL RENAUD reserves the right to apply restrictions to the quantities available.
The products displayed available at the time of the order, may sometimes no longer be during the processing by DOMAINE PASCAL RENAUD of the latter, despite the regular updating of the product database. DOMAINE PASCAL RENAUD will not be held responsible in the event of product unavailability or stock shortage.
If the products can be restocked, DOMAINE PASCAL RENAUD will inform the Customer by any means and the products will be sent as soon as they are in stock. In this case, the delivery times stipulated in article 7.3 will apply from the time of restocking.
If the products cannot be restocked, DOMAINE PASCAL RENAUD will inform the Customer by any means, and will offer an equivalent product. The Customer may then either accept the proposal, or refuse it and request a refund of the entire order. It will be made, where appropriate, a full refund or payment of the difference between the unavailable product and the replacement product, by the same means of payment originally used.
4 – Prices
Prices are given in Euros, including all taxes, but excluding delivery, transport and customs charges. These costs will be mentioned, where applicable, before the order is validated and will be invoiced in addition.
DOMAINE PASCAL RENAUD reserves the right to modify its prices at any time. The price applicable to the Customer will be the price appearing on the Site on the day of the order.
5 – Ordering
5.1 – Order process
Orders must be placed by the Customer on the Site, in accordance with the order process described below:
– First name
– Last Name
– Company (not required)
– Address
– Address continued (not required)
– Postcode (Zip code)
– Town or city
– Mobile phone number
Choice of products and addition to the shopping basket => validation of the shopping basket => identification of the billing address and delivery address – you will need to provide a first and last name, a delivery address, an email address and a mobile phone number => certification that you have reached the age of majority => acknowledgement of the GCS – GCU and tick the box “I have read and accept the GCS – GCU” => choice of payment method => confirmation of payment after the order has been checked.
An order confirmation e-mail will be sent to the e-mail address provided by the Customer.
During the ordering process, the Customer may view the details and total amount of their order at any time, and correct any errors, before confirming it in order to express their acceptance. The Customer alone is responsible for any errors made during the ordering process.
5.2 – Order conditions
By placing an order, the Customer expressly accepts the prices, the product descriptions and the GCS – GCU.
Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of DOMAINE PASCAL RENAUD.
By placing an order on the Site, the Customer expressly waives the benefit of article 1587 of the French Civil Code, according to which the sale of wine is only definitively concluded after tasting and approval by the purchaser.
DOMAINE PASCAL RENAUD reserves the right to refuse or cancel any order:
– if the quantities of products ordered are abnormally high for buyers who are consumers;
– a Customer who does not have the capacity to contract in accordance with article 1 of these GCS – GCU ;
– a Customer with whom there has been a previous payment incident.
5.3 – Cancellation of an order
To be taken into consideration, any request to cancel an order must be made before the products are dispatched by DOMAINE PASCAL RENAUD, by telephone or e-mail, stating the surname, first name, amount and order number.
6 – Terms and conditions of payment for the order
The Customer must make payment immediately upon ordering by : Carte Bleue, Visa, Mastercard, American Express, Paypal. For any other means of payment, the Customer must contact DOMAINE PASCAL RENAUD directly.
Payment is made on the secure site of the banking partner of DOMAINE PASCAL RENAUD. This means that no banking information concerning the Customer passes through the domainepascalrenaud.fr site. Payment by bank card is therefore perfectly secure (SSL). The order will be registered and validated as soon as the payment is accepted by the banking service.
The Customer guarantees DOMAINE PASCAL RENAUD that he/she has sufficient funds to cover the amount of the order and the necessary authorisations to use the bank card used.
Failure to pay by the due date shall automatically incur a LATE PENALTY. The legal interest rate for sales to private individuals, in accordance with Decree No. 2014-1115, is 4.16% for the first half of 2017.
7 – Product delivery
7.1 – Delivery address
The products ordered are delivered to the address indicated by the Customer when placing the order on the Site.
If the products are returned to DOMAINE PASCAL RENAUD because of incomplete address or false address, DOMAINE PASCAL RENAUD will contact the Customer to inform and request additional information or a new delivery address. The new delivery period will begin as soon as the information concerning the new address is received and the costs of this re-shipment will be charged to the Customer. Under no circumstances can DOMAINE PASCAL RENAUD be held responsible for the impossibility of delivering the products to the right place at the right time.
7.2 – Transport and receipt of products
The products are insured by DOMAINE PASCAL RENAUD during transport and travel at its own risk.
If the order reaches a certain volume, DOMAINE PASCAL RENAUD may send them to the Customer in several deliveries and/or several packages.
It is the Customer’s responsibility to check the condition of the packaging as well as the nature, condition, quantity and quality of the products and, more generally, the conformity of the products delivered with the content of the order concerned and to make any necessary observations in the event of breakage, damage or missing items by clearly expressing his/her reservations on the delivery receipt. Signing the delivery receipt without reservation shall constitute acceptance by the Customer.
Before signing the delivery receipt, if any anomaly is noted, the Customer must refuse delivery. The carrier will inform DOMAINE PASCAL RENAUD which undertakes to reship to the Customer, as soon as possible, an identical product. Subject to the observation by DOMAINE PASCAL RENAUD of the validity of the refusal of delivery by the Customer, DOMAINE PASCAL RENAUD will bear the costs of reshipment. The Customer will not be able to require the refunding of the product and the expenses of delivery.
After signing the delivery receipt, in the event of any anomaly noted by the Customer, he/she will be required to inform DOMAINE PASCAL RENAUD and the carrier by registered letter with acknowledgement of receipt within 24 hours of delivery.
From the time of delivery, DOMAINE PASCAL RENAUD cannot be held responsible for the risks of loss or deterioration of the products or for any damage that the Customer may cause to the products.
7.3 – Delivery times
The Customer’s order will be dispatched within a maximum of 3 working days from receipt of payment, provided that the products ordered are available.
In any event, the order will be delivered within a maximum of 30 days, provided that the delivery address is complete and accurate and that the telephone number is valid.
Should DOMAINE PASCAL RENAUD fail to meet this delivery deadline, the Customer may request DOMAINE PASCAL RENAUD to make the delivery within a reasonable additional period, either by e-mail to the following address: contact@domainepascalrenaud.fr, or by registered letter with acknowledgement of receipt sent to the following address: impasse des Tonneliers 71960 POUILLY-FUISSE.
It is only if DOMAINE PASCAL RENAUD has not complied within this period that the Customer has the option of cancelling the contract, under the same terms and conditions.
In the event that DOMAINE PASCAL RENAUD does not respect the delivery deadline, the latter will not be held responsible for any indirect damage that the Customer may claim. These indirect damages include any loss of income, profits, interest or markets, and any loss linked to the impossibility of using all or part of the shipment.
7.4 – Force majeure and acts of God
It is recalled that the force majeure or fortuitous event releases – temporarily or permanently – DOMAINE PASCAL RENAUD from any commitment to delivery and without compensation to the Customer. Consequently, DOMAINE PASCAL RENAUD cannot be held responsible for delays, losses, damage, quality deterioration, errors or defects in delivery.
Such a situation includes all events or causes beyond the control of DOMAINE PASCAL RENAUD, hindering or stopping supplies or deliveries of DOMAINE PASCAL RENAUD or those of its suppliers or subcontractors, and preventing DOMAINE PASCAL RENAUD in good faith to make the delivery of products subject to the order.
8 – Liability
DOMAINE PASCAL RENAUD guarantees to supply products that comply with the regulations in force and with the characteristics advertised on the Site.
The responsibility for DOMAINE PASCAL RENAUD could not be committed in the event of incomplete or erroneous seizure by the Customer, in the event of out-of-stock condition or of unavailability of the products, in the event of consequential damages related to the non-observance of the delivery period, or for all the situations envisaged in article 7.4 and generally all the events apart from the control of DOMAINE PASCAL RENAUD not allowing the good execution of the order.
9 – Retention of title clause
It is expressly agreed between the parties that the goods remain the property of the seller until full and complete payment has been made in accordance with Law no. 80.335 of 12 May 1980. The transfer of ownership to the purchaser will take place on the date of full payment of the price. Notwithstanding the foregoing, upon receipt of the goods, the Customer shall have full responsibility for them in respect of all risks.
10 – Right of withdrawal
10.1 – Exercising the right of withdrawal
In accordance with article L.221-18 of the French Consumer Code, as a consumer, the Customer may exercise his/her right of withdrawal within fourteen (14) days of receipt of the products ordered. The Customer does not have to give any reason and will not incur any penalties.
To exercise this right of withdrawal, the Customer must notify his intention to withdraw, before the expiry of the withdrawal period, by means of an unambiguous statement via :
– a letter containing the name, address, telephone number and e-mail address, sent to the following address (date as postmark): impasse des Tonneliers 71960 POUILLY-FUISSE.
– an e-mail containing his or her name, address and, if applicable, telephone number and e-mail address, sent to the following address (the date of dispatch being taken as proof): contact@domainepascalrenaud.fr.
10.2 – How to return products
The Customer undertakes, within fourteen (14) days of being notified of his or her decision to withdraw, to return the products, in their original condition and packaging, in a perfect state for resale, to the following address: impasse des Tonneliers 71960 POUILLY-FUISSE.
The transport of returned products is the responsibility of the Customer, who must choose an appropriate method of return.
Re-shipment costs will be borne by the Customer. DOMAINE PASCAL RENAUD will reimburse the Customer for the full price paid for the product (excluding delivery costs), as soon as possible and no later than fourteen (14) days after the date on which DOMAINE PASCAL RENAUD has received the returned products.
The refund will be made using the same means of payment as that used by the Customer during the initial transaction, unless the Customer agrees that DOMAINE PASCAL RENAUD may use another means of payment and insofar as the refund does not incur any costs for the Customer.
The Customer is reminded that, in the event of withdrawal after use of the product(s), he/she is liable for any depreciation in the value of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s). According to the European Commission, these manipulations are those that a consumer can carry out in a shop, for the goods offered for sale there.
Please consult our FAQ for more details.
11 – Warranties
DOMAINE PASCAL RENAUD is bound by the legal guarantee of conformity mentioned in articles L. 217-4 et seq. of the French Consumer Code and the guarantee relating to defects in the goods sold, under the conditions set out in articles 1641 et seq. of the French Civil Code.
In the event of non-conformity of the products, the Customer is invited to contact DOMAINE PASCAL RENAUD (by post, email or telephone) who will take care of the matter by indicating the methods of return, replacement or reimbursement.
The Customer has two non-cumulative choices:
When acting under the legal guarantee of conformity, the Customer :
– has a period of two years from the date of delivery of the property in which to take action;
– may choose to replace the product, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code ;
– if it is impossible to replace the product, if the solution requested by the Customer has not been implemented within a period of one month, or if this solution cannot be implemented without major inconvenience for the Customer, given the nature of the goods and their intended use, the Customer may obtain a refund in return for the item or a reduction in the price if the Customer wishes to keep the item. However, the sale may not be cancelled if the lack of conformity is minor.
– is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
In addition, the Customer may decide to invoke the guarantee against hidden defects in the item sold as defined in article 1641 of the French Civil Code.
In this case, the customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
Proof of the absence of defects may be provided after tasting by DOMAINE PASCAL RENAUD oenologists.
The legal texts concerning the existence, conditions of implementation and content of the legal guarantee of conformity are reproduced below:
Article L.217-4 of the French Consumer Code :
“The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity 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 L.217-5 of the French Consumer Code :
“The property conforms 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 L.217-12 of the French Consumer Code :
“Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods”.
The legal texts concerning the existence, conditions of implementation and content of the guarantee against hidden defects in the item sold are reproduced below:
Article 1641 of the Civil Code:
“The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.
Article 1648 paragraph 1 of the Civil Code :
“Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
Article 2232 of the Civil Code :
“Postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the extinctive limitation period beyond twenty years from the date on which the right arose”.
12 – Personal data – Right of access, rectification and deletion
The information collected on the Site is processed electronically for the purpose of running the service and, in particular, processing orders, compiling customer files and distributing them to third parties responsible for fulfilling and paying for orders.
In accordance with the French Data Protection Act of 6 January 1978 as amended, the Customer has the right to access, rectify and delete information concerning him/her at any time by contacting DOMAINE PASCAL RENAUD.
The Customer may exercise this right by contacting DOMAINE PASCAL RENAUD by post (impasse des Tonneliers 71960 POUILLY-FUISSE) or by email (contact@domainepascalrenaud.fr).
Proof of identity may be requested from the Customer for any request.
If the Customer does not wish his/her details to be re-used for commercial purposes and/or passed on to third parties, he/she is invited to inform DOMAINE PASCAL RENAUD by post or e-mail at the addresses given above.
13 – Cookies
The Site uses cookies. These are small text files stored on the Customer’s hard drive, most of which are intended to enable or facilitate browsing and are necessary for the proper functioning of some of the Site’s services.
Customers may give their consent or object to the use of cookies by configuring their connection device appropriately. The “Help” section of most browsers indicates how to do this.
14 – Intellectual property
All elements of the Site (database, graphics, texts, photographs, etc.) are protected by intellectual property rights belonging to DOMAINE PASCAL RENAUD.
No reproduction (other than for strictly private use) of any of the elements of the Site, nor any hypertext link to the Site, may be made without the express prior authorisation of DOMAINE PASCAL RENAUD.
15 – Alcohol abuse
Alcohol abuse is dangerous for your health. Drink and enjoy in moderation.
16 – Applicable law
These GCS – GCU are governed by French law.
17 – Settlement of disputes
In the event of a dispute concerning the interpretation, performance, or validity of these GTC – GCU, we invite the Customer to seek an amicable solution by first contacting our Customer Service Department by post at the following address impasse des Tonneliers 71960 POUILLY-FUISSE or by e-mail at the following address (contact@domainepascalrenaud.fr).
If the complaint relates to a product, the latter must be kept in its original condition or packaging for any complaint to be taken into account.
In the event of failure to submit a claim to the Customer Service Department or in the absence of a response from this department within a period of two months, the Customer may submit the dispute between him/her and DOMAINE PASCAL RENAUD to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. To submit a request for mediation, the Consumer has a claim form which can be accessed on the mediator’s website at www.medicys.fr.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Customer is free to take the matter to court at any time.
The place of jurisdiction shall be the defendant’s domicile or the place of actual delivery of the goods.
18 – Translation
These Terms and Conditions have been drawn up in French.
It is agreed that in the event of any difficulty of interpretation, the French version shall prevail.