GENERAL TERMS AND CONDITIONS OF SALE
Article 1 : Legal noticeVENTEALAPROPRIETE.COM is a website of the company VENTEALAPROPRIETE.COM SAS
. 200 boulevard de la Résistance 71000 MACON Tel: 03 85 20 97 30
Contact : [email protected]
SAS with a capital of: 6 000 000,00 €
. RCS 830 721 254 MACON 71000
INTRACOMMUNITY VAT number: FR 04 830 721 254
. Website declared to the C.N.I.L. and registered under the number 1172475.
Director of the Publication: Mr. Alaric De Portal
The website is hosted by:
Amazon Web Services, Inc.
P.O. Box 81226
Seattle, WA 98108-1226
United States of America
Tel: +1 (206) 266-4064
Article 2: Account creation and scope
2.1. Account creation
In order to place an order, the customer must have an active account. The account creation can be done online at any time, from the tab " Become a member ". When creating an account, the customer accepts the entirety of the Terms and Conditions of Sale by checking the box provided for that purpose.
The customer acknowledges that he/she is acting for his/her own particular needs, excluding any professional activity.
Customer agrees to provide accurate information regarding their identity, address and other data required for access, and to update any changes regarding such information. The customer is solely responsible for maintaining the confidentiality of their access codes.
These General Sales Conditions apply to all orders placed through the website www.ventealapropriete.com, the Android VALP application, the IOS VALP application, the IOS VALP Primeurs application and the Android VALP Primeurs application, as well as for all orders received by mail or telephone and this regardless of any other clauses that may appear on the customer's documents.
Orders of en primeur wines are subject to specific additional terms and conditions set forth in Article 10. Outside of the cases specified, the other articles remain applicable for these orders.
In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its headquarters shall apply.
Article 3: Community and type of member
Becomes a member of the ventealapropriete.com community, any person of legal age who has created an account and approved the terms and conditions of sale.
In some cases, a specific status entering into a loyalty process, may be assigned to a member. The attribution of these statuses is non-discriminatory and automatic, without specific information of the concerned member. It takes effect when the criteria are met and ends when they are no longer met.
The following is a comprehensive list:
- "Welcome Member": is considered a "Welcome Member."
- Anyone whose account creation is less than 8 days old.
- OR any registrant who has never placed an order before and is the subject of a temporary affinity marketing operation.
- "VIP": is considered a "VIP" member any customer whose total purchases over a rolling year exceed 800€ (including tax and shipping costs), with a minimum of 5 different orders since the account was created.
- "VIP +": is considered a "VIP +" member any customer whose total purchases over a sliding year exceeds 1500€ (including tax and shipping costs), with a minimum of 10 different orders since the creation of the account.
Ventealapropriete.com reserves the right to grant certain privileged advantages, including tariffs, to different members with one of the specific statuses as defined above.
In the event of non-compliance with the GTC, non-compliant or dubious orders and/or for legitimate reasons Ventealapropriete.com reserves the right, at its sole discretion, to cause a member to lose an acquired status.
- "Welcome Member": is considered a "Welcome Member."
Article 4: Orders and stock orders
Ventealapropriete.com undertakes to accept orders placed via the Internet under the terms of these General Conditions of Sale and within the limits of available stocks.
In case of stock shortage, we will communicate to you the supply delays necessary to obtain the desired product or we will propose you a replacement product. Ventealapropriete.com will honor each order by making one, or more deliveries of the products ordered.
By validating the order, the customer declares that he/she has read and accepts the entirety of the present General Conditions of Sale.
Any order will be taken into consideration only after receipt of payment and will be confirmed by Ventealapropriete.com by email.
Ventealapropriete.com reserves the right to cancel all orders, non-compliant or doubtful, as well as those from a customer with whom there is any dispute. Ventealapropriete.com reserves the right to refuse any order for legitimate reasons and more particularly in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by customers in their capacity as consumers.
The website ventealapropriete.com offers its customers a "satisfied or refunded" guarantee. If the products do not meet the qualities expected by the customer, the customer can be refunded. To do this, the customer must first contact customer service to inform them of the reasons for dissatisfaction.
The guarantee assumes a real dissatisfaction of the customer as to the qualities of the products, so, for the same reference, only one bottle may be missing (because uncorked) to benefit from the refund of the other bottles of the same reference. The other products (i.e. not uncorked) must be returned in their original condition (corked bottles, without cutting the ring or altering the neck) to Ventealapropriete.com - 200 boulevard de la Résistance - 71000 Mâcon. All costs related to the return of the product(s) will be charged to the customer..
4.2 Stored orders
The ventealapropriete.com website also offers its customers the possibility of storing orders in its warehouses for free for a period of 30 days in order to allow them to group them together and thus benefit from free shipping if the total amount of said grouped orders reaches the free shipping.
This service is, for the time being, only available for orders to be delivered in France.
The website ventealapropriete.com will notify the customer by e-mail as soon as the 30-day period is reached..
The Customer then undertakes without delay to regularize the situation by paying any delivery charges and validating his delivery address. In case of non-regularization :
- After a period of 3 months following the sending of this e-mail, ventealapropriete.com will charge the customer a monthly storage fee of 12 Euros including VAT.
- After 12 months following the sending of the aforementioned e-mail, the sale will be automatically resolved if ventealapropriete.com sees fit, one month after sending a formal notice. The deposits paid, after deduction of storage costs as well as a flat-rate amount of 30% of the amount excluding VAT of the order corresponding to the costs of administration and re-marketing of the wines, will then be reimbursed by Ventealapropriete to the customer via the establishment of a purchase voucher.
- In any case, and after a period of 5 years, Ventealapropriete.com will be released from all obligations towards the customer by application of the rules of prescription.
Article 5 : Prices
Except for the particular cases explicitly specified, in particular for en-primeur wine orders (see article 10), the prices indicated are expressed in euros and inclusive of all taxes (VAT included). The prices displayed are net and do not include shipping and delivery costs, nor any duties and taxes. These delivery costs, duties and taxes, outside France, vary according to the number of packages shipped, the nature of the products ordered, and the country of delivery..
The "Prix Direct Propriété" logo (or "Prix Direct Caveau" in the case of a trading company, a cooperative winery, a group of winegrowers,...) means that the wine(s) are sold at a price equal to the price charged at the property (or at the cellar if applicable).
Article 6 : Validity of the offers
Products are offered within the time frame of each sale and while supplies last.
Ventealapropriete.com cannot be held responsible for any stock shortages that would result in a delay in the delivery of the order.
In the event that one or more products are unavailable after the order has been validated, Ventealapropriete.com undertakes to inform the customer by e-mail as soon as possible. In agreement with the customer, Ventealapropriete.com will be able to modify the order, or will proceed with the reimbursement of the unavailable product(s) by crediting the payment card used during the order.
Article 7 : Delivery
Except in special cases explicitly specified, Ventealapropriete.com delivers abroad in the following countries : Spain, Belgium, Italy. Shipping costs are automatically calculated on our website according to the destination of your wines..
Deliveries for any other destination will have to be subject to a specific estimate.
The wines are purchased from the properties and from certain merchants when the practice requires it (especially in Bordeaux) and are stored on our logistic platform located in Macon.
The wines are delivered to the winery by our own staff.
Except in particular cases explicitly specified, notably orders for en primeur wines (see article 11), the delivery time for orders deliverable in France is 7 working days after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation received by e-mail by the customer..
The order is delivered to the delivery address chosen by the customer.
The customer is required to carefully check his packages upon delivery in order to immediately issue any reservations to the carrier. In the event of failure to deliver the order and in the absence of a response or indication from the customer within a period of 6 months allowing the re-delivery or reimbursement to be organized, the order will be considered as remaining the property of Ventealapropriete.com without any further formality.
Article 8: Withdrawal
In application of the provisions of Article L.221-18 of the Consumer Code, the customer has a period of fourteen clear days from the delivery of his order to return the item delivered for credit or refund, at the customer's option, without penalty except for return costs.
The procedure to follow is as follows
- The customer notifies his decision to withdraw via the form made available to him or to our customer service department (see the Contacts page for contact details) or by means of an unambiguous statement specifying his contact details and allowing the identification of the products to the customer service department - in particular the number of the order concerned and the references of the products he wishes to return.
- The customer shall return the product(s) concerned to Ventealapropriete.com - 200 boulevard de la Résistance - 71000 Mâcon within a reasonable period of time and, at the latest, within 14 calendar days following the communication of the customer's decision to retract.
- The products must be returned in their original condition and complete in a packaging identical to that used at the time of shipment, accompanied by a proof of purchase or a copy of the invoice (s).
Ventealapropriete.com undertakes to reimburse the customer, within a maximum period of fourteen days after notification of withdrawal and subject to the return of the products. The expenses of return of the product remain with the load of the customer.
In application of the provisions of Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain contracts and in particular sales of en primeur wines (see Article 10), as well as for certain products (identified as such in their technical data sheet).
Article 9 : Payment
Payment for products purchased from Ventealapropriete.com is due in full upon ordering.
Payments are made by credit card (secure online payment by Ogone/Ingenico Payment Services for BNP), by check, payable to Ventealapropriete.com, or by bank transfer.
Payment by check or bank transfer does not guarantee the availability of products if they are sold out upon receipt of your payment.
For orders paid by check or wire transfer, any order not paid within 60 days will be cancelled.
In accordance with article L441-1 of the Commercial Code :
- A penalty amounting to 3 times the legal interest rate shall apply in case of deferred payment of an invoice.
- A flat fee of €40 applies in case of payment of an invoice after the due date to cover collection costs.
- No discount will be granted for early payment of an invoice.
Article 10: Reservation of ownership
In accordance with the law of May 1, 1980, the products delivered to the customer are sold under reservation of ownership. The transfer of ownership is subject to full payment of the price of the products by the customer, on the due date agreed between the parties.
In the event of non-payment of the total price of the goods by the agreed due date, Ventealapropriete.com may claim ownership of the products at the customer's expense and risk.
Article 11 : Orders for En-Primeur Wines
The "En-Primeurs Wines" tabs on the ventealapropriete.com website and the VALP Primeurs IOS application are dedicated to the sale of En-Primeurs Wines.
The sale of En-Primeurs Wines is a practice, mainly widespread in Bordeaux, which consists in putting on sale, a few months after the harvest, wines that can only be delivered 12 to 24 months later after the maturing and bottling period. This practice is governed by specific rules, detailed below, which apply to all en primeur sales made on all ventealapropriete.com websites and applications.
The customer acknowledges being informed of the specificities of the sale of En-Primeurs Wines and placing his order with full knowledge of the facts.
The customer is solely responsible for his or her choice of En-Primeurs Wines, such that Ventealalapropriete.com cannot be held liable in this regard.
The En-Primeurs Wines order corresponds to the reservation of the wine. The amount excluding tax of the products is paid at the time of the order. Taxes and shipping costs are invoiced as soon as the wines are made available.
The order of En-Primeurs Wines corresponds to the reservation of the wine.
The transfer of ownership of the En-Primeurs Wines ordered will only be effective after effective payment of the En-Primeurs Wines by the customer effective payment means the payment of the price excluding taxes, taxes and, if applicable, delivery costs.
The acceptance of the order form commits the customer.
11.2. Right of withdrawal
By virtue of the exception provided for in point 7 of Article L-221-28 of the Consumer Code, the right of withdrawal is excluded from contracts for the sale of En-Primeurs Wines.
The wines sold en-primeur have been reserved and paid for by Ventealalapropriete.com, in accordance with the agreements made with its suppliers. However, the Châteaux are the sole decision-makers regarding the choice of bottling date and availability.
In the very rare case of an unavailability of an ordered product, the customer will be informed as soon as possible and will be reimbursed without delay.
The foregoing provisions shall also apply in the event of accidental destruction or damage affecting the quality of the stocks.
11.4. Withdrawal or Delivery
Wines sold en primeur are deliverable :
- For Dry White Bordeaux, during the second half of the year in the second calendar year following the harvest date, unless otherwise decided by the Chateau as specified in the "Unavailability" section above .
- For all other wines, during the first half of the third calendar year following the date of harvest, unless otherwise decided by the Château as specified in the "Unavailability" article above.
The customer will be informed of the date of availability of the en primeur wines ordered and will receive an invoice bearing the applicable taxes. This invoice includes a balance to be paid, consisting of VAT, and any supplements for staging and shipping costs. The payment of this balance is a prerequisite to the delivery of the en primeur wines..
The prices of wines sold en primeur are expressed in Euros, excluding taxes. However, as the applicable taxes are only payable upon delivery, only the taxes in force on the day of delivery apply.
The prices indicated include the dressing of the bottles and their crating and are exclusive of shipping costs.
11.6 Shipping costs
The shipping costs will be invoiced at the time of the actual delivery of the purchased En-Primeurs Wines. Shipping will be free for all orders over 1 500€ HT for a delivery in France. Below this amount, the indicative amount of shipping costs is presented below. These costs may vary upwards or downwards according to the prices charged by the partner carriers at the time of the actual delivery of the purchased En-Primeurs Wines
to 6 bottle equivalents 12 € including from 7 to 12 équivalents bouteille 18 € including tax from 13 to 30 bottle equivalents 25 € including tax à partir de 31 bottle equivalents 0.85 € (including tax) per additional bottle equivalent
Corsica supplement : 19 € including tax
Delivery abroad :
Postage will be charged upon actual delivery of wines purchased en primeur. Shipping will be offered for any order or set of orders over € 3,000 excluding VAT for delivery outside France. Below this amount, the indicative amount of shipping costs is presented below. These costs may vary up or down depending on the prices charged by partner carriers upon actual delivery of the wines purchased en primeur..
up to 6 bottle equivalents 30 € including tax from 7 to 12 bottle equivalents 45 € including tax from 13 to 18 bottle equivalents 60 € including tax from 19 to 24 bottle equivalents 70 € including tax from 25 to 30 bottle equivalents 77 € including tax from 31 bottle equivalents €2.40 including tax per additional bottle equivalent
Example for 36 bottle equivalents - 77 + 6x2.40 = €91.40 incl. tax
11.7 Payment of En-Primeurs Wines in 3 installments by credit card
The customer has the possibility to make the booking payment of the En-Primeurs Wines in 3 (three) times with his credit card, over 3 months.
- The En-Primeurs Wines are reserved for the customer from the 1st payment .
- The reservation certificate will be issued only after the validation of the 3rd and last payment
In case of non-payment of the 2nd and/or 3rd installment(s) :
- The customer will be reminded by email. He will be able to trigger the payment himself (in particular by modifying his bank card if necessary).
- Without payment after 3 months from the date of the order, it will be canceled and payments previously made will be refunded.
11.8. Failure to pay the balance or failure to deliver due to the customer
In the event of non-payment of the balance remaining to be paid within the meaning of Article 10.4 above and/or in the event of non-delivery of the wines due to the customer :
- 6 months after the date of sending an email informing the customer that the wines are available, Ventealapropriete.com will invoice the customer for monthly storage fees in the amount of €48 including tax for the first payment and €12 including tax for the following months.
- After 12 months following the sending of the aforementioned email, the sale will be resolved by right if ventealapropriete.com sees fit, one month after sending a formal notice. The deposits paid, after deduction of storage costs as well as a lump sum of 30% corresponding to the costs of administration and re-marketing of the wines, will then be reimbursed by Ventealapropriete to the customer via the establishment of a purchase voucher.
- In any case, and at the end of a period of 5 years following the date of sending the reservation certificate, Ventealapropriete will be released from all obligations towards the customer by application of the rules of prescription.
Article 12: Personal data
Membership in the website ventealapropriete.com, requires the customer to communicate a certain amount of personal data about him/her. The information that must necessarily be transmitted is mentioned by an asterisk. The processing of this information is declared to the CNIL under the number : 1172475.
This data, which is necessary for processing the order and managing Ventealapropriete.com's commercial relations with its customers, is secured, kept confidential and is not subject to any commercial use by third parties.
The processing of personal data is governed by Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms and from May 25, 2018 by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (RGPD)
- Right of access (Article 15 RGPD), rectification (Article 16 RGPD), update, completeness of your data (more information)
- Right to block or erase your personal data (Article 17 GDPR), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited (en savoir plus)
- Right to withdraw your consent at any time (Article 13-2c GDPR)
- Right to limit the processing of your data (Article 18 GDPR)
- Right to object to the processing of your data (Article 21 GDPR) (more)
- Right to portability of the data you have provided to us, where your data is subject to automated processing based on your consent or on a contract (Article 20 GDPR)
- Right to define the fate of your data after your death and to choose whether we share your data (or not) with a third party you have previously designated (more information).
In the event of your death and in the absence of instructions from you, we undertake to destroy your data, unless its retention is necessary for evidential purposes or to meet a legal obligation.
These rights can be exercised, by simple request by email to the address [email protected], or by mail to VENTEALAPROPRIETE.COM, Marketing Department, at the address 200 bd de la résistance - 71000 MACON indicating its contact details (surname, first name, address) and a legitimate reason when this is required by law (in particular, in the event of opposition to the processing).
In the event of communication of a copy of identification to prove your identity, we will keep it for one (1) year or three (3) when this communication is made in the context of the exercise of a right of opposition.
To learn more about your rights, you can also visit the website of the Commission Nationale de l'Informatique et des Libertés, accessible at the following address : https://cnil.fr.
Article 13: Guarantees
The Products benefit from the legal guarantee of conformity provided by articles L217-4 and following of the Consumer Code and the guarantee of hidden defects provided by articles 1641 and following of the Civil Code.
It is recalled that the customer :
- Benefits from a period of two years from the delivery of the goods to act ;
- Can choose between repair or replacement of the good, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code ;
- Are exempted from providing evidence of the existence of the lack of conformity of the property during the twenty-four months following the delivery of the property.
The procedure to follow is as follows :
- The customer invokes the guarantee of conformity via the form made available or with our customer service (see the Contacts page for contact information) ;
- Our customer service department reviews the request ;
- If the reasons for the return are well-founded, the customer will return the Product(s) concerned to the following address : Ventealalapropriete.com - 200 boulevard de la Résistance - 71000 Mâcon ;
- The products must be returned in their original condition and complete in a packaging identical to that used during shipment. All costs related to the return of the Product(s) shall be borne by the customer.
The refund of the returned Product(s) will be made via the same payment method used by the customer when paying for his order or by bank transfer.
The refund date may be deferred until the date of actual receipt of the Product(s) at the above address.
Article 14: Liability
The texts and photos presented are only indicative and do not constitute a contractual commitment guaranteeing a perfect similarity between the product presented and the product ordered.
Article 15: Mediation - Applicable law
In application of the provisions of the Consumer Code, the company Ventealapropriete.com adheres to the service of the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) located 60 Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr.
The mediator can be referred to any dispute relating to consumer law. Prior to referring the matter to the mediator, the customer must contact ventealapropriete.com customer service. If a solution cannot be found between Ventealapropriete.com and the customer, the latter may refer the matter to the mediator. The terms and conditions for contacting the Mediator are specified at the following address: https://www.mediateurfevad.fr/index.php/espace-consommateur/
An online dispute resolution platform has been set up by the European Commission and is accessible at the following address : https://ec.europa.eu/consumers/odr/
15.2. Applicable Law
The language of this contract is the French language. All the clauses of the present General Terms and Conditions of Sale, all transactions and purchasing operations carried out from the website ventealapropriete.com as well as by mail and telephone are governed by French law. Any dispute that cannot be settled amicably will be subject to the jurisdiction of the Courts of the registered office of the Company Ventealapropriete.com or the court of the department chosen by the customer..
Article 16: Protection of minors
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The member agrees to be at least 18 years old when placing an order on the website ventealapropriete.com.
Article 17: Intellectual Property
The sales contract concluded between the customer and ventealapropriete.com does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of any of the distinctive signs appearing on the website is strictly prohibited and must be subject to prior written authorization.
The elements reproduced on the website www.ventealapropriete.com and mobile applications, exclusive property of the publisher, are protected by copyright, trademark law and patent law. Any reproduction and dissemination of these elements, without prior written permission from the publisher, expose violators to legal action.
Article 18: Contractual provisions
The invalidity of a contractual clause does not entail the invalidity of the entire Terms and Conditions of Sale.
These Terms and Conditions of Sale may be modified at any time : the applicable Terms and Conditions of Sale are those in force on the website at the date of the order placed by the customer.
Article 19: Liability - Unforeseeable events
Ventealapropriete.com cannot be held responsible in the event of non-performance or poor execution of the contract due either to the fact of the customer, or to the unforeseeable and insurmountable external fact of a third party, or to a case of force majeure (as defined by jurisprudence).