Article 1: SCOPE OF APPLICATION

The agricultural cooperative CAVE DES CLAIRMONTS operates the site www.clairmont.fr which specializes in the sale of wine products. It is registered with the clerk of the Commercial Court of Romans sur Isère under number 779 395 284 and has its registered office at 755 Route des Vignes 26600 BEAUMONT MONTEUX.

These general contractual terms and conditions apply to any visit to this site by any user; simply accessing the site constitutes acceptance of these general terms and conditions, which will apply in particular to any agreement concluded on said site.

These general terms and conditions are available to the user at any time on the website. www.clairmont.fr where they are directly accessible and can also be provided upon request. They constitute the sole basis for commercial negotiation and prevail over the general contractual terms and conditions of the other party.

SCA CAVE DES CLAIRMONTS reserves the right to modify its general terms and conditions at any time. Users are therefore advised to regularly consult the latest version of these terms and conditions. In the event of any changes, the applicable terms and conditions are those in effect on the date the user visits the website or on the date the buyer concludes the contract.

Article 2 – PRODUCTS

2-1. Introduction

The site www.clairmont.fr offers users the opportunity to purchase wine products. Each product has a detailed description outlining its essential characteristics, allowing users to choose a product suited to their needs. Furthermore, SCA CAVE DES CLAIRMONTS provides a telephone hotline for users to obtain additional information about its products: +33 4 75 84 61 91.

2-2. Health and Safety

The products comply with current regulations relating to the safety and health of persons.

In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors is prohibited. The customer certifies that they are at least 18 years old on the date of placing the order. Excessive alcohol consumption is dangerous to your health. It should be consumed in moderation. Furthermore, its consumption is not recommended for pregnant women.

Article 3: FORMATION OF THE CONTRACT

3.1 – Order

The formation of any contract takes place as follows:

– The user provides their contact information (surname, first name, full address, telephone number, email address) as well as any other information necessary for placing and processing the order. The user agrees to provide accurate and complete information. Should the user provide inaccurate, outdated, or incomplete information, SCA CAVE DES CLAIRMONTS reserves the right to suspend or prohibit access to all or part of the website.

– the user selects one or more products.

– The user confirms their order after verifying their selection. They can then check the details of their order, including the total price excluding and including tax, and correct any errors.

– the user selects the payment method for their order.

– The user confirms their order and payment. This confirmation constitutes the formation of the contract and represents acceptance of these terms and conditions of use in their version applicable on the date the order was placed, acknowledgment of having read them, and a waiver of any other contractual terms. SCA CAVE DES CLAIRMONTS ensures the storage and reproduction of the applicable terms and conditions of use in accordance with Article 1369-4 of the French Civil Code. All data provided and the order confirmation are recorded on a reliable and durable medium by SCA CAVE DES CLAIRMONTS and may be saved by the customer. They will constitute proof of the transaction.

3.2 – Order Confirmation

SCA CAVE DES CLAIRMONTS will promptly send confirmation of the order via email to the address provided by the buyer when submitting their contact information. This order confirmation will include all the information provided by the customer, indicating any potential issues or reservations regarding the order, as well as the order reference number assigned by SCA CAVE DES CLAIRMONTS.

The user is specifically informed that product delivery is subject to availability. The buyer will be notified as soon as possible if the chosen product is unavailable.

3.3 – Order Modification

Any order modification by the customer after order confirmation is subject to acceptance by SCA CAVE DES CLAIRMONTS. For any questions regarding order tracking, the customer should call 04 75 84 61 91.

3-4. Withdrawal

Under the conditions set forth in Articles L.221-18 et seq. of the French Consumer Code, customers acting as consumers have a withdrawal period of fourteen calendar days from the date of receipt of the products. This withdrawal period does not apply to business customers.

In accordance with Article L.221-28 5° of the Consumer Code, this right of withdrawal cannot however be exercised if the buyer has opened the products concerned.

The consumer informs SCA CAVE DES CLAIRMONTS of their decision to withdraw by sending them, before the expiry of the period, the standard withdrawal form downloadable by clicking here or any other unambiguous statement expressing his or her intention to retract by email contact@clairmont.fr or by registered letter with acknowledgment of receipt (CAVE DES CLAIRMONTS, 755 Route des Vignes, 26600 BEAUMONT MONTEUX).

The consumer must return the products no later than fourteen days after notifying the consumer of their decision to withdraw from the contract. The product must be returned in new condition and in its original packaging. Return shipping costs are the responsibility of the buyer.

SCA CAVE DES CLAIRMONTS will reimburse the consumer for the price paid no later than fourteen days after the date on which the consumer informed them of their decision to withdraw. If the products have not been returned to SCA CAVE DES CLAIRMONTS within this period, the company will be entitled to postpone reimbursement of the sums paid by the consumer until the products are received or until the consumer has provided proof of shipment, with reimbursement being made on the earlier of these two dates. The consumer is liable for any damage to the products.

Article 4: DELIVERY

4.1 Delivery methods

The goods will only be shipped after full payment of the price by the buyer.

Delivery takes place upon handover of the products to the buyer. Delivery is limited to mainland France.

In the event that delivery to the address provided proves physically impossible, SCA CAVE DES CLAIRMONTS reserves the right to deliver the product to the nearest collection point to the customer's home. The buyer will be immediately informed by email and, if necessary, by telephone, depending on the contact information provided by the buyer.

The delivery note must be signed by the customer, who must verify upon receipt that the product is in good condition and that the packaging is intact. Any damaged product must be refused, and any reservations must be immediately noted on the delivery note and sent to the carrier and to SCA CAVE DES CLAIRMONTS by registered letter with acknowledgment of receipt within three clear days.

4-2. Transportation

SCA CAVE DES CLAIRMONTS will arrange the transport. Delivery costs are the responsibility of the customer.

4-3. Risk Transfer

The transfer of risk takes place when the products are handed over to the buyer, the products traveling at the risk and peril of SCA CAVE DES CLAIRMONTS.

4.4 Delay or failure to deliver

Unless otherwise stated, delivery times are 40 calendar days. For contracts concluded with non-consumers, the stated delivery times are indicative only. Delays in delivery do not entitle the customer to damages, withholding of payment, or cancellation of pending orders.

Regarding contracts concluded with a consumer, the contract is not automatically terminated in the event of a delivery delay. SCA CAVE DES CLAIRMONTS will inform the customer by email. The customer may then either maintain their order or, failing agreement between the parties on possible compensation, cancel it in accordance with the conditions of Article L.216-2 of the French Consumer Code.

In any event, non-delivery shall not engage the responsibility of SCA CAVE DES CLAIRMONTS in the event of impossibility of delivery due to an error or omission on the part of the customer when entering the delivery details.

Article 5: PRICE

Products are supplied according to the rates and commercial operations in effect at the time the order is placed.

Prices are shown excluding taxes and including all taxes.

These prices may be modified by SCA CAVE DES CLAIRMONTS at any time. They do not include the cost of delivery, which is charged separately and specified to the customer before order confirmation.

Article 6: PAYMENTS

The price is payable by credit card or equivalent method, a list of which is provided during the payment process. Online payment is processed through a secure payment system that encrypts the transmission of bank details. The customer must enter their bank details in the designated area and confirm this entry. SCA CAVE DES CLAIRMONTS reserves the right to verify the data provided by the customer and to take all necessary measures to verify it. SCA CAVE DES CLAIRMONTS may request proof of identity from the customer. Failure by the customer to respond to such a request within three calendar days of it being made by SCA CAVE DES CLAIRMONTS will automatically result in the cancellation of the sale in question. An invoice is sent to the buyer upon delivery.

 

Article 7: GUARANTEES

7.1 Warranty and claims regarding professionals :

In accordance with legal provisions, SCA CAVE DES CLAIRMONTS guarantees the buyer against any latent defects affecting the delivered goods. The buyer must provide all necessary evidence regarding the existence of any defects discovered prior to the transfer of risk and allow SCA CAVE DES CLAIRMONTS every opportunity to carry out any inspections it deems necessary. The company reserves the right to conduct, directly or through an agent, any on-site inspections and verifications. In any event, the company cannot assume liability under the warranty against latent defects under the conditions defined above unless the buyer has transported and used the products normally, has not altered them in any way, and has stored, preserved, and handled them in a manner that ensures they remain in good condition.

7.2 Warranty and claims with regard to consumers :

The products sold by SCA CAVE DES CLAIRMONTS benefit from the legal guarantee of conformity provided for in Articles L. 217-1 et seq. of the Consumer Code as well as the guarantee against defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

When acting under the legal guarantee of conformity, the consumer:

– has a period of two years from the delivery of the goods to take action;

– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;

– is exempt from providing proof of the existence of the non-conformity of the goods during the twenty-four months following delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.

The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

7.3 The buyer must provide all necessary evidence regarding the existence of any defects discovered prior to the transfer of risk and allow SCA CAVE DES CLAIRMONTS every opportunity to carry out any verifications it deems necessary. SCA CAVE DES CLAIRMONTS reserves the right to conduct, directly or through an agent, any necessary inspections and verifications. Under this warranty, the sole obligation of SCA CAVE DES CLAIRMONTS will be either to replace the products in question or to refund the price paid by the buyer. Products may not be returned without the prior agreement of SCA CAVE DES CLAIRMONTS. Without such agreement, no refund or replacement of products will be granted by the company. The buyer may not unilaterally impose any deductions from the invoice.

7.4 Exclusions and limitations : This warranty does not cover damages that are not directly and exclusively attributable to SCA CAVE DES CLAIRMONTS and in particular in the event of apparent defects or non-conformity not reported under the conditions above, defects and deterioration caused by normal wear and tear, negligence, lack of care or storage attributable to the buyer, force majeure, fires, water damage, strikes, abnormal use of the products or modifications to the product.

7-5 Limitation with regard to professional contracting parties

In the event that SCA CAVE DES CLAIRMONTS is found to be contractually liable, its liability will be limited to the amount owed or paid by the buyer to SCA CAVE DES CLAIRMONTS under the relevant agreement. This sum is intended to compensate the buyer for all damages suffered, regardless of their nature.

Article 8: WEBSITE

8-1. Site Access

The site is accessible free of charge to any user with internet access. The equipment (computer, telephone, software, telecommunications equipment, etc.) required to access the site is the sole responsibility of the user, as are any telecommunications costs incurred through its use. The user is solely responsible for the proper functioning of their computer equipment and internet connection.

8.2. Website Operation

SCA CAVE DES CLAIRMONTS is subject to an obligation of means regarding the operation of the site www.clairmont.fr Consequently, it undertakes to implement all reasonable means at its disposal to secure access to, consultation and use of the site in accordance with the rules of internet usage.

The site is accessible 24 hours a day, 7 days a week, except in cases of force majeure or events beyond the company's control, and subject to any outages and maintenance work necessary for the site's proper functioning. Maintenance work may be carried out without prior notice to users.

It is the user's responsibility to take all appropriate measures that they deem necessary to protect their own data and/or software and/or hardware from the risk of contamination by possible viruses or other computer infections circulating on the internet network, SCA CAVE DES CLAIRMONTS cannot under any circumstances be held responsible for any possible contamination.

8-3. Cookies

Some personalized services on the site use temporary cookies for their proper functioning. These cookies are stored on the user's computer for twelve months from the date they are placed.

Users can disable or delete cookies using their browser settings. Since each browser is different, users are advised to consult their browser's help documentation to configure it as desired. If the user's computer browser is configured to reject cookies, accessing the site may be difficult or even impossible.

8-4. Hyperlinks

The site www.clairmont.fr SCA CAVE DES CLAIRMONTS offers or may offer hyperlinks to other websites. Since SCA CAVE DES CLAIRMONTS has no influence over the content of these sites, it assumes no responsibility for the availability of these resources and cannot be held liable for their accessibility or content.

Article 9: PERSONAL DATA

9.1 Purpose and methods of processing

Within the framework of the contractual relationship, and particularly when the user provides their contact information on the website, SCA CAVE DES CLAIRMONTS will collect and process the user's personal data in accordance with EU Regulation No. 2016/679 of April 27, 2016, and French Law No. 78-17 of January 6, 1978, known as the " Data Protection Act ," as amended by Law No. 2018-493 of June 20, 2018. Failure to provide this information will prevent the completion of any sale through this website. The user expressly consents to the collection and processing of their data by SCA CAVE DES CLAIRMONTS.

The purpose of collecting and processing personal data is the conclusion and execution of any contract concluded in execution of these general terms of use, compliance with the legal and regulatory obligations arising therefrom, as well as the pursuit of the legitimate interests of SCA CAVE DES CLAIRMONTS (prospecting, animation and management of the relationship with its prospects and customers).

SCA CAVE DES CLAIRMONTS will retain the personal data collected in this context for the duration of the resulting business relationship plus the applicable statutory limitation periods. Personal data collected concerning prospective clients will be retained for a period of 5 years.

The data collected will be processed exclusively by SCA CAVE DES CLAIRMONTS, its employees and its collaborators.

All necessary measures are taken to preserve the security, confidentiality and integrity of the data collected and to prevent any misuse of this data.

9.2 The rights of the persons concerned

The user has the right to request access to, rectification, erasure, and portability of their personal data, as well as the right to request the restriction of or to object to the processing of their data. They also have the right to lodge a complaint with the CNIL (French Data Protection Authority). Finally, the user has the right to define instructions regarding the fate of their personal data. These rights can be exercised by writing to the registered office of SCA CAVE DES CLAIRMONTS (755 Route des Vignes, 26600 BEAUMONT MONTEUX, France) or by sending an email to the following address: contact@clairmont.fr .

 

Article 10: INTELLECTUAL PROPERTY

All elements reproduced or used on the site www.clairmont.fr (Trademarks, computer applications, photographs, texts, illustrations, animated or still images, video sequences, sounds, etc.) are protected under intellectual property law. Any reproduction, exploitation, distribution or use in any way whatsoever, even partial, of any of these elements is strictly prohibited and may result in legal action against the perpetrator, unless expressly authorized in advance by SCA CAVE DES CLAIRMONTS.

Article 11: CUSTOMER SERVICE

For any questions or difficulties related to the use of the site, whether it concerns a request for assistance in using the service or a question relating to orders, the customer can send their complaints to the following address: contact@clairmont.fr .

Article 12: Mediation Applicable in Consumer Law

In accordance with Articles L. 611-1 et seq. of the French Consumer Code, the consumer is informed of their right to free access to a consumer mediator for the amicable resolution of any dispute with a professional. SCA CAVE DES CLAIRMONTS will provide the consumer, upon first request, with the contact details of the competent mediator(s).

Article 13: DISPUTE CLAUSE

Any dispute that may arise between the parties in connection with the use of the website www.clairmont.fr or with any contract concluded through said site, whether the dispute concerns the validity, interpretation, performance or termination of said contract, shall be subject to French law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980. Furthermore, provided that the contracting party of SCA CAVE DES CLAIRMONTS has the status of a merchant, any dispute shall fall under the jurisdiction of the commercial court of the registered office of SCA CAVE DES CLAIRMONTS.