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GENERAL TERMS OF SALE
Company:
Limited liability company Vins de Coeur
Initials vins2coeur
N° registration RCS: Honfleur 498.839.109 N° of management 2007 B 194
Intracommunity N° of VAT: FR 78.498.839 00.194
Site: www.vinsdecoeur.com
Head office: 28, rue du Maréchal Foch
14640 Villers sur mer
FRANCE
Name of the business manager:LEVASSEUR Laurent
Addresses: 56, Bd Bineau
92200 Neuilly- on-Seine
Tel Fax:01 47 57 32 56
Cellular Phone:06 03 34 56 12
From abroad:+ 33 (0) 1 47 57 32 56
+ 33 (0) 6 03 34 56 12
Contact E-mail : levasseurlaurent@hotmail.fr
SYNOPSIS
1. Legal information - general information - application
2. The reserve of intellectual property
3. Orders
3.1 Early product wine orders
3.2 Orders with the professionals
4. Products
4.1 Prices and period of validity of the price quotation
4.2 The availability
4.3 Transport and the responsibility
4.4 Quantity
5. Terms of payment
5.1 By bank card: protected payment
5.2 By check
5.3 By transfer
6. Delivery
6.1 Mode
6.2 Times
7. Return
8. Cancellation
9. Guarantees
10. Litigation
11. The legal protection of the minors
12. The protection of the private life
13. The acceptance of the general terms of sale
14. Modification of the general terms of sale.
1. Legal information - General information - Application - Responsibility 2. The reserve of intellectual property
Internet site www.vinsdecoeur.com is subjected to the regulations in force for the sale of wines in e.com merce.It is the property of the Vins company of Heart in its totality like all the related rights there, any reproduction integral or partial is subjected to the authorization of the Vins company of Heart.
The mark belongs to Mr LEVASSEUR Laurent and the visual identity color is deposited with the INPI.
The company wines of heart is a limited liability company with the capital of 7.500 € governed by the French right, whose head office is located 28, rue du marshal Foch 14640 Villers-on-sea. It is recorded with the court of Honfleur under the following references:
The sale is addressed to the private individuals or at the professionals, the GTS lay down of them the methods, it can be carried out on all the French territory, like everywhere in Europe like abroad however in the event of litigation seeing paragraph 10.
Contractual information is written in French language, the products subjected to the French regulation into force. The responsibility for the Vins company of Heart could not be required nor committed for defects of information of the foreign consumer.
Any Net surfer who has an Internet site and which wishes to insert a bond directly towards the banner page or another page of the www.vinsdecoeur.com site must request the authorization of it from the Vins company of Heart.
Copies or another use, illegal by a third, partial or complete, site by people not - authorized will be denounced and will be the subject of continuations as the law with the title of the intellectual property envisages it.
The www.vinsdecoeur.com site is its responsible limited to the level for the customer order. And can be held responsible for malfunction of Internet network at the moment for navigation on the site, neither for the intrusion of a virus nor some other causes unforeseeable And could be required of responsibility for damages for no related damage there.
3. Orders
The customers have several possibilities of ordering:
3.a On the www.vinsdecoeur.com site
The order is prepared as soon as the customer filled entirely the form of the site with the entirety of the necessary informations to the treatment of his order and that the Vins company of Heart boxed entirely the payment.
The necessary informations are: Name of the customer, addresses a) of invoicing b) of delivery if this one is not the same one, coordinates telephone of the customer and the recipient of the order if this one is not the customer. Obligatory E.mail, and other fields. The automatic recording of the order is regarded as being worth proof, of nature, the contents, and the date of the order. Wines of heart confirms under 48 hours (2 business days) the order with the address email indicated by the customer. All the orders placed after 4 p.m. will be treated the next working day.
It can be asked insertions by the customer, standard paper: wish, calling card, envelope.
In this case as long as the integrality of these insertions is not delivered by Vin2Coeur, the order could not be prepared and the customer will not be able to oppose delays of deliveries to the company.
The information stated by the customer at the time of the order taking engages only this one: in the event of error of seizure, the Vins company of Heart could not be held responsible for the impossibility in which it would be to deliver the product.
If an order were to be turned over to the company for these causes, the transport costs of return would be the responsibility of the customer entirely.
3.b By mail with the following address:
Company wines of Heart
28, rue du Maréchal Foch
14640 Villers sur mer
3.c by telephone: 06 03 34 56 12 or 01 47 57 32 56
3. D per telefax: 01 47 57 32 56
If the customer wishes to subscribe with the newsletter at the time of his inscription in order to receive privileged offers, it will have to put regularly up to date its coordinates, it will have an access code personal enabling him to visualize its account.
For any order higher or equal to 200 € (two hundred euros) including all taxes of purchase of product the delivery will be offered and does not apply to the early product wines.
3.1 Early product wine orders
This mode of sale is subjected to the present general terms of sale, it is reserved to the private individuals.
Principle which makes it possible to order wines in the year which follows the year concerned. The wines will be put at disposal and out of bottles only two, even three years afterwards and more.
Their price is HT and except cost of transport.
Payment:
The customer must regulate with the order price HT.
Then payment of the balance of the price: delivery - transport costs and VAT, at the rate in force at the time of the delivery.
After the order, he is addressed an invoice pro format (justifying the document of title)
The delivery intervenes during the 1st six-month period of the 3rd calendar year according to the date of harvest except adverse opinion of the castle. The customer is informed by e.mail with the address being reproduced on the initial purchase order, it must within 30 day after having been advised to regulate the balance of its order if not it is exposed to expenses of custody charges which is calculated by bottle and day and that as of the 31e day.
As from new a two months deadline, the customer will be informed by registered letter, with the address of the order initial (or modified in progress on its clients account) the sale will be automatically solved. The Vins company of Heart will have the wines and the customer will be refunded of his decreased advance of a quarter and expenses of storage, administrative and different in addition to the reduction.
On the other hand the customer can use of his right of retractation to reception of his pro forma invoice (and after payment of its installment) which is sent a few weeks after the order taking within approximately fifteen day, it will have to send a mail of retractation and to join the original pro forma invoice to it. He will be completely refunded his installment.
After reception of the pay of the order, the final invoice is addressed to the customer with the VAT in force at the time of the emission of the invoice.
3.2 Orders with the professionals
Any sale made with a professional will be the subject of a valid estimate 30 days. Its acceptance will be done by return of the estimate signed with the mention “read and approved, good for agreement “dated and provided with the seal with the company, either by telefax, or by mail by the person entitled in the company. This form of order will be worth acceptance of the general terms of sale of the Vins company of Heart made on the www.vinsdecoeur.com site.
4. Products
The products described in the cards are furnished informations by the suppliers. They are given as an indication and if an error is slipped there, the responsibility for the company could not be committed; However, we ask you to announce it to us in order to provide to rectify erroneous information. As soon as possible.
The alcohol abuse is dangerous for health. To consume with moderation.
4.1 Prices and period of validity of the price quotation
The prices of the ordered articles are indicated in euros (€) They are all inclusive of tax (except early products, the prices are indicated H.T.)
The VAT in force is of 19,6% at the creation date of the site, as well for the private individuals as the professionals. Any change of VAT rate is governed by the French government and will be immediately applied to our tariffs.
For the professionals, the prices will be indicated HT at the time of the order and the VAT will appear with the bottom of the order as well as invoice.The prices are except expenses of sending, those will be invoicees according to and the importance country of destination of the order.
The Vins company of Heart reserves the right to constantly modify the prices according to the economic fluctuations except on a pending order.
All the prices get along except expenses of sending.
An itemized bill will be united with the delivery of your order.
4.2 The availability
www.vinsdecoeur.com proposes some of its products resulting from the organic farming of weak production which can beings limited to the order in order to satisfy the greatest number of customers and vinsdecoeur cannot guarantee the availability of it. However, the orders will be delivered within the limit with stocks available. It goes there in the same way rare wines.
If a product would be inalienable after the validation of its order, the customer will be informed by it directly by e.mail. We will offer to the customer a product at prices and quality equivalent if the customer wishes it the order will thus be modified if not it will be cancelled.
www.vinsdecoeur.com indicates the quantity available of each product.
The photographs presented on the site are not contractual.
4.3 Transport and the responsibility
The deliveries are carried out with the load and the risks of the Vins company of Heart which sub-contracted transport. The customer will check the state of reception of the parcels and will have to note on the receipt of the conveyer all remarks on errors or damage noted. Without this precaution any complaint related to transport, (breakage, loss, flight) could not be admissible (the conditions of the conveyers refer). If there is a litigation concerning the handing-over of the parcel, to immediately inform us by email or mail, (within the legal delay of complaint, that is to say eight clear days) we will do what is necessary near the establishment concerned and after treatment of the complaint your order will be replaced and to send back to the Wine expenses of Heart.
4.4 Quantity
It is indicated on the site the control unit which can vary according to the products. (certain products are sold by complete paperboards of 6 bottles which cannot be detailed, except box gift)
5.Les terms of payment
The payment of the articles bought on www.vinsdecoeur.com is due entirely to order including all taxes as of the emission of your purchase order.
It will be applied a legal clause of reserve of property concerning the goods sold until their integral payment. The Vins company of Heart reserves the right to cancel any order of a customer with whom would exist a litigation in progress, or past relating to the non-payment of a former order.
5.1 Online shopping by bank card presenting the initials: CB, VISA, EUROCARD, MASTERCARD, or American Express payment made safe on line or communication of the number, scratch date and holder by telephone, telefax or mail)
On line: while clicking on the button - to validate your order - the transaction is transferred towards the protected banking site of the SAVINGS BANK (SSL) that represents a total safety. You record your numbers and scratch date which are encrypted at once in your computer before beings sent on Internet. No confidential information circulates on the network.
The order will be regarded as accepted after confirmation of the center of payment. In the contrary case, the order will be cancelled purely and simply and the customer will be informed.
5.2 By accounts - checks resulting from a French financial institution only
By check in euros only of amount including all taxes of the order made out with the order of the Company Wines of Heart, and send by mail: click in postal sending, choose the method of payment by check and send your confirmation of order printed as a preliminary to the following address accompanied by your check:
Company Wines of Heart
28, rue du Maréchal Foch
14640 Villers sur mer
The time of treatment of the order will be added to the days of availability of the bought product.
The order will be valid as of the payment of the check by our bank, in the event of refusal, the order purely and is simply cancelled.
5.3 By transfer: French financial institution
Proceed in the same way as for the payment by check. Put your order of transfer in the envelope.
Order: WINES OF HEART
Code establishment: 11425
Code Guichet: 00200
Count: 04053349104 82
Domiciliation: THIS LOWER NORMANDY
Code iban: FR76 1142 5002 0004 0533 4910 482
Bank: SAVINGS BANK
Address banks: 21, avenue du marshal foch 14640 VILLERS ON SEA
The time of treatment of the order will be added to the days of availability of the bought product.
6.Delivery
6.1 Mode
The ordered wines will be delivered to the same address indicated in the order. The orders lower or equal to 6 bottles are dispatched by colissimo or Chronopost according to the choice made by the customer. Packing is out of paperboard or wood. Specific packing for bottles exists in one, two or three bottles the expenses of delivery include/understand: the port, preparation of the parcel packing, integrated insurance and (optional if need be)
The tariffs vary according to the tariff zones:
Towards France, Metropolitan, Monaco and Andorre (colissimo packing or colissimo recommended)
Towards the DOM, TOM and Territorial collectivities: colissimo packing overseas or economic parcel overseas.
Towards the international one (and only towards the countries authorizing it): Packing colissimo exists in only one bottle for specific packing bottle.
Colissimo international packing: Zones HAS B C D or international economic parcel (nonallowed for the zone has - European Union, Switzerland, Norway)
Stamping with the weight, delivery against signature, follow-up, compensation integrated according to the weight for the sending and international rules.
Paying options for product colissimo recommended or colissimo overseas: Against refunding mandate species, or mandate CPC
Notice of receipt
Paying options for international product colissimo (options suggested on certain destinations only)
Optional insurance
Declared value
Against refunding
Notice of receipt
Maximum POPIDS:
Colissimo packing 7 kilos
1 bottle 2 kg
2 bottles 5 kilos
3 bottles 7 kilos
Colissimo and colissimo recommended: 30 kilos
Colissimo packing overseas 7 kilos
Colissimo packing overseas 1 bottle 2 kilos
Colissimo and colissimo recommended overseas: 30 Kilos
Colissimo international packing 7 kilos
Colissimo international packing 1 bottle: 2 kilos
International Colissimo: 30 kilos
Zone has European Union, Switzerland and Norway
Zone B Country of Eastern Europe (except European Union), the Maghreb
Zone C Country of Africa (except the Maghreb)
Zone D Different destinations.
Present prices of Expert the Colissimo tariff of the post office or other are equivalent.
Possibility of following your parcels on www.coliposte.fr (free consultation except costs of connection and communication).
Principle of calculation of the carriage costs:
They vary according to the type and the place of delivery as indicated above, however, we offer the carriage costs to you for any order higher or equal to 150 euros HT deliverable in Metropolitan France and to the same address.
Us to contact for any request for estimate.
In general you must let put back your wine after delivery.
See bond with table by section of price.
6.2 Times
The delivery periods are indicated in front of each product. If you ordered several products with different delivery periods, it is the longest time which will apply to make leave the order.
If delivery in 48 hours, (2 business days) country of destination: in Metropolitan France, Monaco.(No engagement on the times for ANDORRA).
You can constantly be informed follow-up of your order on our site, by composing your access code personal.
7. Cancellation - 8. Return
In the case of the cancellation of his order, the customer is refunded near his bank within 30 day as from the date of reception of the totality of his order (if there are several articles: only one forwarding) near wines of heart, the risks and the expenses of reforwarding are the responsibility of the customer (except latent defect).
The expenses of reforwarding will be dealt with by VinsdeCoeur if the delivery proves nonin conformity, or if you carried out reserves near the conveyer during the delivery. In this case contact us.
The consumer can use a right of retractation: right French, L.121-16 article of the code of consumption.
The customer at seven clear days as from the delivery of its order to make the return of its order, the exchange or refunding. The expenses of return are always the responsibility of the customer. The customer will have to inform us by email of his decision before turning over his order.
The product should be opened, neither emerged, neither dirtied, neither deteriorated (the labels of the wines must be whole, and not present any deterioration), neither modified, nor mixed. It must be reforwarded in its packing of origin accompanied by a copy by the purchase order or original invoice and good of forwarding by the company.
The return must be made with the following address sits of the company;
Company Wines of Heart
28, rue du Maréchal Foch
14640 Villers sur mer
9.Garanties
The consumer is under the protection of the French legislation what constitutes a Guarantee.
The prices of certain products are identical to those of the property in value at the day of the order (without the related carriage costs there). They are indicated by a symbol.
Legal guarantee of conformity
Guarantee of the latent defects: article 1641 of the civil code: the salesman is held of the guarantee at a rate of the hidden defects of the sold thing which make it unsuitable with use for which one intends it, or who decreases so much this use, which the purchaser would not have acquired it, or would have given only one less price of them, if he had known them.
To limit the time of storage whose we cannot control quality, vins2coeur limits the time to be able to carry complaint to 1 month as from the delivery date. Vins2coeur would carry out itself the checking of the complaints carried to his expenses, if the deterioration of the wine is proven, the customer will receive of compensation the equivalent in purchase order if that relates to a maximum of 3 bottles, beyond refunding will be done by check.
Are excluded from this guarantee: early product wines as well as the great years.
Guarantee of the delivery period: for the selections having the initials indicating that the orders can be delivered with handing-over against signature in the 48 hours or the transit advice note in the 48 hours; 2 business days starting from the sending by vins2coeur. (except Andorra). If the customer brings the proof of this non-observance to us, it will have the next free delivery under the same conditions of purchase. This guarantee is automatically cancelled for events whose vins2Coeur could not control and who would be independent of his will (for example: burden, demonstrations, fire in a post office etc... Or any other catastrophe nonforeseeable).
Guarantee condition of sale: in the event of breakage of products ordered and if these products do not exist any more where are in stock shortage, we propose to you the equivalent in term of quality and price.
10.Litigation
In the event of failure of negotiations by amicable agreement the following provisions will be applied: Application of the French right.
CONTRACT CONCLUDED BY A FRENCH CONSUMER STARTING FROM FRANCE.
Some is its country of origin. For any litigation, only the court of competent jurisdiction is that of the head office of the limited liability company Wines of Heart. It belongs to the foreign purchaser to check the feasibility of the purchase which it plans to order near the local authorities. The responsibility for the Vins company of Heart could not be required, nor committed in the event of non-observance of the regulation of a foreign country where the product is delivered.
The Vins company of Heart reserves the right to cancel any order of a customer with whom would exist a litigation in progress, or past relating to the non-payment of a former order
11.The legal protection of the minors
In accordance with the L3342-1 article of the public health code which stipulates that the sale of alcohol to minors of less than 16 (sixteen) years is prohibited, the customer engages by filling the purchase order, to have 16 (sixteen) years completed at the date of the order by notching first once the box adapted to the creation of his account vins2coeur.
12.The protection of the private life
Pursuant to the data-processing law and freedoms of January 6th, 1978, the personal informations which are recorded in the www.vinsdecoeur.com site when you create your clients account could be the subject the external communication of except in the event of your refusal. You lay out, constantly, of a right of access, correction and opposition to the whole of your personal data while writing, by mail and by justifying your identity to the CNIL.
13.The acceptance of the general terms of sale
While clicking on the button: “I read and accepted the general terms of sale
The consumer admits having taken knowledge, at the moment when it placed his order of the general terms of sale and states to accept them without discussion in their entirety. The two parts, company Wines of Heart and the consumer the acceptor without reserve.
14.Modification of the general terms of sale.
The company wines of Heart reserves the right to modify, (to make additions or withdrawals) its general terms of sale if that appears necessary to him. With each modification, the customer vins2coeur having created his account will be informed by email and the new customer will consult the new general terms of sale.
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