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GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE of the DISCOVERWINE.FR website

  1. DEFINITIONS

Each of the terms mentioned below, whether used in the singular or plural form, shall have the following meaning in this agreement:

General Terms and Conditions: refers to these general terms and conditions of sale.

Publisher or Seller: refers to the company PLANET PROVENCE, with a share capital of €7,500, whose registered office is located at 15 rue Manuel, 13100 Aix-en-Provence, France, registered with the Trade and Companies Register of Aix-en-Provence under number 797 663 853.

Customer or Buyer or User: refers to any natural or legal person placing an order for products on the website https://discoverwine.srvdigidev.fr

Online Store or Website: refers to the website https://discoverwine.srvdigidev.fr

Professional: refers to the professional benefiting from the Internet solution offered by the Publisher enabling the Customer to purchase wine on the Website.

Parties: refers jointly to the Publisher and the Customer.

  1. PURPOSE

These general terms and conditions define the rights and obligations of the parties in the context of online sales of products offered by the Seller to the Buyer.

The offers available on the Online Store are exclusively reserved for private individuals, excluding professional resellers.

These conditions apply only to purchases made from French territory.

  1. ENTIRE AGREEMENT

These general terms and conditions express the entirety of the obligations of the parties. In this respect, the Buyer is deemed to accept them without reservation.

The Seller and the Customer agree that these general terms and conditions exclusively govern their relationship.

The Seller reserves the right to modify these terms and conditions at any time. They shall apply as soon as they are published online.

Should any sales condition be missing, it shall be governed by the practices in force in the French distance selling sector.

  1. ORDERS

To place an order, the Customer has two options:

For the order to be validated, the Buyer must accept these general terms and conditions by clicking in the designated area. The Buyer must also choose the delivery address and delivery method, and finally validate the payment method.

Any order implies acceptance of the prices and descriptions of wines available for sale.

In certain cases, including payment default, incorrect address or any other issue relating to the Buyer’s account, the Seller reserves the right to block the Buyer’s order until the issue is resolved.

Products displayed are available while stocks last. Consequently, the Seller does not guarantee the continued availability of wines for any given period. Any claim by the Buyer regarding the ordering or delivery of a product indicated as unavailable on the Website shall be considered unfounded.

The Publisher operates a stock update system. However, in the event of product unavailability after the order has been placed, the Seller undertakes to inform the Customer by email as soon as possible. The Customer may then request an exchange or cancellation of the order for the wine concerned by sending an email to “contact@discoverwine.fr” or by making the request directly through the “Contact Us” page on the Website. In this case, the Seller undertakes to refund the amounts paid by the Customer within a maximum period of 30 days. The remainder of the order shall remain firm and final where applicable.

Order confirmation

Contractual information will be confirmed by email no later than the time of delivery or, failing this, at the address indicated by the Buyer in the online form.

  1. ELECTRONIC SIGNATURE

Providing the Buyer’s credit card number online and final validation of the order shall constitute proof of the Buyer’s agreement in accordance with Law No. 2000-230 of March 13, 2000 and shall constitute:

  • payment obligation for the sums due under the order form;
  • signature and express acceptance of all operations carried out.

In the event of fraudulent use of their credit card, the Buyer is invited, upon discovering such use, to contact the Seller at the following number: +33(0)6.07.37.19.04.

  1. PROOF OF TRANSACTION

Computerized records stored in the Seller’s computer systems under reasonable security conditions shall be considered proof of communications, orders and payments between the parties. Order forms and invoices are archived on reliable and durable media that may be produced as evidence.

  1. PRODUCT INFORMATION

The products governed by these general terms and conditions are those appearing on the Seller’s Website and indicated as sold and shipped by the Seller. They are offered subject to availability.

Products are described and presented as accurately as possible. Product photographs are not contractual.

It is reminded that:

  • Excessive alcohol consumption is dangerous for health; consume in moderation;
  • Alcohol must not be consumed by pregnant women;
  • The sale of alcohol to minors is prohibited; you therefore certify that you are of legal age and legally capable of purchasing on our Website.
  1. PRICES

Prices apply within the framework of distance selling and only on the website https://discoverwine.srvdigidev.fr.

The Seller reserves the right to modify prices at any time but undertakes to apply the prices in force at the time of the order, subject to availability on that date.

Prices are indicated in euros and include order processing costs. They do not include delivery costs, which are charged additionally and indicated before order validation. Delivery costs are charged according to the destination country and the weight of the order.

Prices include French VAT applicable on the day of the order and any change in the rate shall automatically be reflected in the price of products on the Online Store. Under no circumstances may sums paid be considered deposits or advance payments.

Excise duties and other taxes

Displayed prices do not include excise duties and any other taxes applicable for deliveries outside mainland France. Customers may refer to the “TAX & TRANSPORT INFORMATION” section to know beforehand the amount of such taxes payable.

Transfer of ownership

The Seller retains full ownership of the wines sold until full payment of all sums due by the Customer, including costs and taxes. These provisions do not prevent the transfer to the Customer, upon delivery, of the risks of loss or deterioration of products subject to retention of title.

  1. PAYMENT

9.1 Payment by credit card

The Customer may pay online using a CB, VISA or MASTERCARD credit card.

The Buyer guarantees to the Seller that they have any necessary authorizations to use the payment card.

The Seller reserves the right to suspend order processing and delivery in the event of refusal of payment authorization by officially accredited organizations. The Seller notably reserves the right to refuse delivery or honor an order from a Buyer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

As part of this verification, the Buyer may be asked to send the Seller a copy of an identity document and proof of address. The order shall only be validated after receipt and verification of these documents.

Online credit card payment security is guaranteed by the secure payment service 3D SECURE from SOCIETE GENERALE integrating SSL standards. Customer confidential data (16-digit card number, expiry date and security code) are directly encrypted and transmitted to the 3D SECURE server without passing through the Website server. After order confirmation, 3D SECURE requests prior authorization from the banking network and then issues an electronic certificate. For all credit card payments on the Website, the electronic certificate constitutes proof of the amount and date of the transaction in accordance with legal provisions.

Due to increasing credit card fraud, the Seller reserves the right either to contact the Customer at the phone number provided during the order or to request a photocopy of the Customer’s identity document and/or proof of address, regardless of the order amount. In case of doubt regarding the identity of the cardholder or purchaser, the Seller reserves the right to request payment by bank transfer or to cancel the order within 15 days after validation. In such a case, the order payment shall not be processed and no amount shall be debited from the Customer’s account.

9.2 Payment by bank transfer

The Customer may also pay by bank transfer to the following account:

IBAN: FR76 3000 3000 5500 0262 0005 984

BIC: SOGEFRPP

The Customer must indicate the order number in the transfer details. Failing this, the Customer may not hold the Seller responsible for poor order management or delivery delays.

The order shall be processed upon receipt and full clearance of payment. Ordered wines are reserved for 2 working days after the order is placed. After this period, if payment has not been received, products shall be offered for sale again.

  1. DELIVERY

Except in cases of force majeure or periods of closure of the Online Store clearly announced on the Website homepage, delivery times shall be those indicated below, subject to stock availability.

10.1 Order shipping times vary from:

  • 1 to 4 working days for continental Europe;
  • 2 to 5 days for overseas territories;
  • 2 to 3 weeks for distant destinations requiring complex customs formalities.

These periods begin from payment validation or completion of order verification procedures.

The Seller may inform the Customer of order tracking upon simple request by email or via the “YOUR ACCOUNT” section of the Website.

Products purchased on the Website are shipped to the delivery address indicated by the Customer during the order process.

10.2 Delivery times are those mentioned during the online ordering process excluding weekends. These are indicated in the “TAX & TRANSPORT INFORMATION” module and include the time required for administrative procedures relating to wine shipment, particularly abroad.

Products are delivered to the address indicated by the Buyer, who must ensure its accuracy. Any package returned to the Seller due to an incorrect or incomplete address shall be reshipped at the Buyer’s expense.

10.3 Delivery terms

Any package returned due to an incorrect or incomplete address shall be reshipped at the Buyer’s expense.

Delivery is only made after payment confirmation by the Seller’s banking institution.

Orders may be delivered in several shipments because wines are dispatched directly from the estates.

10.4 International delivery

The Seller reserves the right to choose the carrier in order to preserve wine quality.

Customers may refer to the “TAX & TRANSPORT INFORMATION” section for any taxes applicable to their order.

  1. COMPLIANCE OR QUALITY

All products are covered by a contractual warranty without prejudice to the legal warranty provided by Articles 1641 et seq. of the French Civil Code.

If, upon delivery, the original packaging is damaged, torn or opened, the Buyer must check the condition of the bottles. If damaged, the Buyer must refuse the package and note reservations on the delivery slip.

The Buyer must notify the Seller on the day of delivery or at the latest on the following working day of any delivery error or non-compliance.

Complaints may be made:

Returned products must be sent in their original packaging to:

PLANET PROVENCE
15 rue Manuel
13100 Aix-en-Provence
FRANCE

The Buyer shall be reimbursed within fourteen days following receipt of the returned product or proof of shipment.

  1. RIGHT OF WITHDRAWAL

The Buyer has a period of 14 working days from delivery to return any unsuitable product and request an exchange or refund, excluding return shipping costs which remain payable by the Buyer.

Only complete products returned in their original packaging and in perfect resale condition shall be accepted.

The Buyer must inform the Seller before expiry of the withdrawal period:

Products must be returned to:

PLANET PROVENCE
15 rue Manuel
13100 Aix-en-Provence
FRANCE

The Buyer shall be reimbursed within fourteen days following receipt of the returned product or proof of shipment.

  1. FORCE MAJEURE

Any circumstances beyond the control of the parties preventing normal performance of their obligations shall be considered grounds for exemption and shall suspend obligations.

The party invoking such circumstances must immediately notify the other party of their occurrence and disappearance.

Force majeure includes all irresistible, external, unforeseeable and unavoidable events beyond the parties’ control.

  1. ENTIRETY

If one or more provisions of these general terms and conditions are held invalid or declared as such under any law or final court decision, the remaining provisions shall remain fully valid and enforceable.

  1. NON-WAIVER

Failure by either party to enforce any obligation under these terms shall not constitute a waiver of that obligation in the future.

  1. LIABILITY

All local taxes, import duties or state taxes likely to be payable shall not fall within the Seller’s responsibility. It is the Customer’s responsibility to verify with local authorities the possibilities for importing or using the products.

  1. CONFIDENTIALITY – PERSONAL DATA PROTECTION

The ordering process involves the collection of personal data relating to the Customer. In accordance with the French Data Protection Act of January 6, 1978, the Customer has a right of access and rectification concerning personal information.

  1. APPLICABLE LAW

These general terms and conditions are governed by French law. Only the French-language version shall prevail.

In the event of dispute, the Buyer shall first contact the Seller to seek an amicable solution. Failing this, French courts shall have exclusive jurisdiction.

  1. CUSTOMER SERVICE CONTACT AND RETURN ADDRESS

PLANET PROVENCE

15 rue Manuel
13100 Aix-en-Provence – FRANCE

Phone: +33 (0)607371904

Email: contact@discoverwine.fr