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Legal Notices

Legal Notices

Legal notices, Terms of Sales and Data privacy policy

 

In force on January, 1st, 2021

In accordance with the provisions of Articles 6-III and 19 of Law n°2004-575 of June 21th, 2004 on Confidence in the digital economy, known as LCEN, Users of the site www.cmaconception.fr are informed of the these legal notices. Connection and navigation on the website www.domaine-saint-vincent.fr by the User implies full and unreserved acceptance of these legal notices.

These are accessible on the site under the heading “Legal notices”.

 

ARTICLE 1: The editor
The www.domaine-saint-vincent.fr website is edited by S.C.E.A DU DOMAINE SAINT VINCENT – 26110 Vinsobres.
Phone. +33 (0) 4 75 27 61 10 – Email: info@dsv-vinsobres.com
The Director of publication is Mr. Lescoche Philippe.

SIREN number: 753523224 – SIRET: 75352322400016 – VAT: FR10753523224
Legal Form: S.C.E.A Civil Society of Agricultural Exploitation
Mention R.C.S. 753 523 224 ROMANS
Share Capital: € 3,021,400.00
Headquarters: Route départementale 94, Route de Nyons, 26110 Vinsobres

 

ARTICLE 2: The host
The host of the website www.domaine-saint-vincent.fr is the OVH Company, whose head office is located at 2 rue Kellermann – 59100 Roubaix – France.

 

ARTICLE 3: Access to the site
The website is accessible from any location, 7 days a week, 24 hours a day, except in cases of force majeure, planned or unscheduled interruption and which may result from a need for maintenance.
In the event of modification, interruption or suspension of services, the website www.domaine-saint-vincent.fr cannot be held responsible.

 

ARTICLE 4: Intellectual property
Any use, reproduction, distribution, marketing, modification of all or part of the site www.domaine-saint-vincent.fr, without the permission of the Publisher is prohibited and may result in actions and legal proceedings as provided in particular by the Code of intellectual property and the Civil Code.

Website creation : Message Actuel / Elodie CHAMBRE

Photo credits : domaine-saint-vincent.fr ; James Desauvage

 

GENERAL TERMS AND CONDITIONS OF DISTANCE SALE

Preliminary article

The SCEA of Domaine Saint Vincent (DSV) notably sells wines as well as products from its olive grove: olive oil, olives and tapenade.

In order to better meet the expectations of its customers, the DSV wanted to be able to sell certain products remotely by electronic means (Internet) to individuals located in mainland France.

The list of items offered in the context of distance selling can be viewed on the DSV website under the “Shop” tab (hereinafter referred to as the “Website”).

The system thus put in place, which assumes an active approach on the part of the customer, fully complies with the requirements for distance selling and, in particular with articles L.111-1, L.112-1. and L. 221-5 et seq. of the Consumer Code.

The use of the distance selling process described in these general conditions of distance selling (CGVD) is reserved for consumers only, within the meaning of the preliminary article of the Consumer Code, acting exclusively for their own account. and having full legal capacity to contract.

Orders made through this distance selling process must be intended solely for the personal use of the recipient of the products, which excludes any resale of said products to third parties.

In addition, the Website offering the sale of alcoholic beverages, the offers are exclusively reserved for adults, within the meaning of French law.

In accordance with article L.3342-1 of the Public Health Code which provides that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the buyer undertakes, by completing the order form, to be eighteen years of age on the date of the order. The customer certifies the accuracy of the information given when creating his account, in particular his age.

The buyer will be required to provide his age and identity before placing an order. In order to verify the veracity of this information, an identity document may be requested by the DSV from the buyer in accordance with the law.

Alcohol abuse is dangerous for health. To consume with moderation.

 

Article 1: Scope

These Terms and Conditions are applicable to all sales of products concluded remotely, with a view to delivery in mainland France. The customer declares to have read these Terms and Conditions before placing his order. The validation of his order therefore constitutes acceptance without restriction or reservation of these Terms and Conditions. Regarding sales via the Website, the customer must, first and before validating his order, read these Terms and Conditions, then secondly, confirm his agreement to all the Terms and Conditions by highlighting performs the required acceptance confirmation action on the Website by checking a box or clicking a button. These Terms of Sales will apply as long as they appear on the Website. They are subject to change. Therefore, it is understood that the applicable Terms and Conditions are those in force on the Website at the time the order is placed on the Website. The date of posting of these Terms and Conditions is the date of entry into force.

The products are offered within the limits of available stocks.
The DSV cannot be held responsible for any shortage of stock which would lead to a delay in the delivery of the order.

 

Article 2: Identification of the author of the offer

Products purchased via the Website are sold to the customer by: SCEA du Domaine Saint Vincent – RD 94, Route de Nyons 26110 Vinsobres – France. SIRET: 75352322400016 – APE: 0121Z – EORI: FR75352322400016 – Intracom VAT number: FR10753523224

 

Article 3: Information relating to items sold by DSV

Information relating to all items likely to be sold remotely is available on the Website using the tab.

This information complies with the requirements required by the legal and regulatory texts in force and, in particular by Articles L.111-1 and L.112-1 of the Consumer Code.

The pictures, graphics, reproduction and descriptions of the products and their packaging offered for sale are only indicative and in no way binding on DSV. Customers can obtain additional information by contacting DSV by email at the following email address: info@dsv-vinsobres.com.

 

Article 4: Orders of articles

4.1 Remote commands via the Website

Orders are placed over the Internet on the Website. The customer is responsible for the telecommunication costs when accessing the Internet and using the Website. Details of the selected items are summarized in a specific page on the Website entitled the “basket”.

In the event of prolonged inactivity during the connection, it is possible that the selection of the items chosen before this inactivity is no longer guaranteed. The customer will be invited to check the contents of his “basket” and, if necessary, to resume his selection of products from the start.

In accordance with the provisions of Article 1127-1 of the Civil Code, all the steps necessary for the sale are specified on the Website.

Pursuant to the provisions of article 1127-2 of the Civil Code, the customer has the possibility, before confirming his order definitively, to check the details of his order and its total price, and to correct any errors, before confirm this to express your acceptance.

From the moment the customer has validated his order, he receives an electronic confirmation message in accordance with Article 1127-2 of the Civil Code.

4.2 Remote orders by phone or email

The products may exceptionally be the subject of a sale by telephone and / or by email. In this case, the customer and the DSV will coordinate in order to validate the payment by credit card.

4.3 Out of stock and refusal of orders

If the wines ordered are out of stock, the DSV will suggest to the customer to replace them, either with another vintage, or with an equivalent wine.

DSV is entitled to refuse any abnormal order or order placed in bad faith.

In addition, DSV is entitled to refuse any order from a customer with whom there is a dispute over payment for a previous order.

Such refusals would respond to a “legitimate reason” within the meaning of the provisions of Article L.121-11 of the Consumer Code.

 

Article 5: Price of items

The prices of the items are expressed in euros and include all duties and taxes of any kind included.

VAT and product-specific duties are applied at the rate in effect at the time the order is placed. Product prices are exclusive of postage, delivery costs, price of certain packaging (magnum and others) or the price of other optional services, expressly subscribed by the customer, which remain in addition. These will be communicated to him before validation of the order by the customer.

 

Article 6: Terms of payment and retention of title

Payment for customer purchases is made exclusively by credit card. CB, VISA and MASTERCARD cards are accepted. The DSV guarantees payment security by using a specific encryption system The DSV uses a secure payment system to SSL standards (PCI DSS approved), the most secure and widely used encryption protocol today. Your bank details are directly encrypted and routed to our payment banking organization, Crédit Agricole, without going through our site. The DSV therefore does not store any banking information.

The customer’s bank card is debited at the end of the customer’s ordering process.

To this end, the customer guarantees to the DSV that he is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his and then communicates in a secure environment on the Internet, the sixteen-digit number. and the expiration date, appearing on the front of their bank card, as well as, where applicable, the visual cryptogram numbers on the back of their bank card, information that the DSV undertakes to keep strictly secret.

When payment for purchases is made by bank transfer, the items are reserved for a period of 08 days. Beyond this period and without effective collection by the DSV of the bank transfer, the order will be canceled.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center, etc.), it is impossible to debit the sums due by the customer, the purchase process will be canceled.

In the case of anti-fraud checks aimed at securing the transactions of its customers, the DSV will be entitled to ask the Internet user to provide one or more proof of address and / or copy of identity card by e- mail or fax before confirming the order.

The order will then be final only upon receipt by the DSV of these documents and sending of the confirmation e-mail. If these documents are not received or if they do not make it possible to identify with certainty the identity of the author of the order and the reality of his domicile, the DSV reserves the right not to accept the payment. order, without its liability being engaged in any way.

DSV retains full ownership of the items purchased by the customer until the customer has fulfilled all of his obligations and in particular until full payment of the price, increased interest if necessary. This does not preclude the transfer of the risks of the goods to the customer upon delivery of the goods.

 

Article 7: delivery

7.1 Delivery area

The delivery of items may only take place:

in mainland France, for any other destination, please contact us.
and to the delivery address indicated by the Internet user in the order process.

In the event that the customer has indicated when ordering an incorrect address or an incomplete address that does not allow the delivery of the products, they will not be refunded and the products ordered and the return shipping costs will be borne by the customer. , except that this one does not wish a reshipment.

7.2 Delivery time

The delivery time is around ten working days. Saturdays, Sundays and public holidays are included in non-working days, as well as days when road transport is prohibited. The delivery time is not contractual. Thus, any delay in delivery will not result in the cancellation of the order or any claim for damages, or penalties.
The DSV undertakes to make deliveries of the items ordered as soon as possible by reliable logistics means. The goods travel at the risk and peril of the recipients.

7.3 Breakage during shipment

The customer is required to check the condition of the packaging of the goods on delivery and to report the damage to the carrier on the delivery slip, as well as to the DSV within 48 hours of receipt of the package containing the products ordered.
Any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, number of broken bottles, etc.) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer’s signature. After this period, no complaint can be considered.

 

Article 8: Right to return products

8.1 withdrawal process

In accordance with article L.221-18 of the Consumer Code, the customer has a period of fourteen days from the day of receipt of the products to exercise his right of withdrawal. The customer can exercise his right of withdrawal by sending a letter or email to the DSV at the following address: info@dsv-vinsobres.com.

Once the withdrawal has been sent, a new period of 14 days is allocated to the customer in order to return the unwanted products in their original packaging, for exchange or refund, without penalty, with the exception of the return costs which are payable. customer charge. It will be up to the customer to provide proof of this return of the products and the date of return.

8.2 Exception to withdrawal

Products returned by the customer must be intact, unopened and in perfect condition. Under the exception provided for in point 5 of article L221-28 of the Consumer Code, products returned unsealed, incomplete, spoiled, damaged, deteriorated or soiled by the customer will not be reimbursed.
By virtue of the exception provided for in point 3 of article L221-28 of the Consumer Code, the right of withdrawal will not apply to orders for products subject to personalization or a specific request from the consumer. customer when ordering (special formats, personalized packaging, etc.).

DSV undertakes to reimburse the customer, except for return shipping costs which remain the responsibility of the customer. The refund will be made within two weeks after receipt of the return of the products to DSV.

 

Article 9: Complaints – information

For any information, complaint or question relating to these T & Cs or to the products themselves, customers should contact DSV’s “consumer service” at the following telephone number +33(0)4.75.27.61.10 and / or at the following email address: info@dsv-vinsobres.com by providing their order number.

 

Article 10: Electronic files – protection of privacy

The DSV has established an electronic file which identifies certain personal data relating to its customers and necessary for the management of orders and deliveries as well as for the organization of commercial prospecting operations. When an order is placed over the Internet on the Website by any new customer, this database will be enriched with information concerning him, which will also subsequently enable him to better meet his expectations.

This database is hosted in France and has been declared to the CNIL under number: 2043860 v 0, in accordance with the requirements of the French law known as “Informatique et Libertés” n ° 78-17 of 6th January, 1978, amended.

The customer has an individual right of access, rectification and deletion of individual data of a personal nature concerning him, in accordance with the “Informatique et Libertés” law n ° 78-17 of January 6th, 1978, as amended, which ” he can exercise by sending an email to the following address: info@dsv-vinsobres.com.

 

Article 11 : Managing cookies

To enable customers of the Website to benefit from the services offered by it, to optimize its use and to customize it (in particular, personalize offers and advertisements) according to the client, the Website uses cookies.

Cookies are small files sent by a site manager, in this case the DSV, to the customer’s hard drive, making it possible to identify and remember the customer when he connects to the Website. Cookies thus store information relating to navigation on the Website (the pages consulted, the date and time of the consultation, etc.).

Thus, the use of the Website results in the installation of cookies on the customer’s computer / smartphone / tablet.

As long as the customer does not decide to deactivate cookies, he accepts that the Website can use them. He can deactivate these cookies at any time, free of charge, according to the deactivation possibilities offered to him and recalled below, knowing that this may reduce or prevent accessibility to all or part of the services offered via the Website.

The customer may object to the registration of cookies by setting his browser to this end, but this deactivation could prevent the use of certain features of the Website.

Since the deactivation process is closely linked to the type of Internet browser used, the customer must follow the instructions of his own browser. After deleting the cookies, click on “Done”.

 

Article 12: Intellectual property rights

The Website is the property of the DSV which operates it. Unless otherwise stated, all the elements of the Website, in particular the texts, brands, company names, logos, products, domain names, presentations, graphics, illustrations, photographs, films, tree structures and formatting are the exclusive property of DSV.

As such, their representation, reproduction, nesting, distribution, adaptation, redistribution, partial or total, is prohibited. Anyone doing so without being able to justify the prior and express authorization of the holder of the rights attached to the elements of the Website used without authorization is liable to an action for infringement.

Likewise, any representation, reproduction, nesting, distribution, adaptation, redistribution, partial or total, of the database contained in the Website is prohibited, except with the prior and express authorization of the holder of the rights attached to the database used. The same will of course apply to all copyrights, designs and patents which are the property of DSV.

Users of the Website are not granted any license or any right other than that of consulting the Website. It is specified that the reproduction of any elements or documents present on the Website for information purposes (for example by printing a page of the Website) is however authorized, if this is for strictly personal use. and private. Any reproduction and, in general, any use of copies of elements or documents on the Website, made for other purposes are expressly prohibited without the express authorization of the holder of the rights attached to these elements or documents.

All rights which are not expressly conferred by these Terms of Sales are reserved.

 

Article 13: Force majeure

The performance by DSV of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hamper or delay the performance.

Are considered as such, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds and in particular those affecting transport, and supply problems of the DSV.

DSV will inform the customer of such a fortuitous event or force majeure within seven days of its occurrence. If this suspension continues beyond a period of fifteen days, the customer will then have the possibility of canceling the current order, and it would then be reimbursed according to the process set out in article 9 hereof Terms of Sales.

 

 

Article 14: Disputes – applicable law – mediation – competent jurisdiction

These Terms of Sales are subject exclusively to French law.

In the event of a dispute likely to result from the interpretation or execution of these Terms of Sales and its consequences, the customer can send a written complaint to the “consumer service” of the DSV by registered mail with acknowledgment of receipt to the address indicated. above.

In case of failure of the complaint request to the “consumer service” or in the absence of a response from this service within two months from the date of receipt of the written complaint, the customer can enter a free consumer mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution, in accordance with Articles L.152-1 and following of the Consumer Code.

The customer must submit his request to the mediator within a period of less than one year from his written complaint to the DSV.

The client remains free to initiate, accept or refuse recourse to mediation. In the event of recourse to mediation, the parties remain free to accept or refuse the solution proposed by the mediator.

If mediation fails, any dispute will be submitted to the exclusive jurisdiction of the French courts designated in application of French procedural rules.

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