Terms and Conditions of Sale
Preamble
These general terms and conditions of sale are agreed between:
BETWEEN:
Les Domaines de Provence SCEA, with its registered office at Les Terres de Saint Hilaire, Route de Rians RD3, 83470 OLLIERES (Var),
ON THE ONE HAND, AND
Persons wishing to make a purchase via the Les Terres de Saint Hilaire website, hereinafter referred to as the Buyer,
ON THE OTHER HAND.
1. Identification of the seller
This website, www.terresdesainthilaire.com, is published by Les Domaines de Provence SCEA, whose registered office is at 83470 OLLIERES
Tel.: 04 98 05 40 10
Email: contact@terresdesainthilaire.com
SIRET 379 789 787 00031, Draguignan Trade and Companies Register
Bank details: LCL, 83000 TOULON
2. Application of the General Terms and Conditions of Sale
2.1. Purpose of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale apply exclusively to the online sale of products by Les Domaines de Provence SCEA on the website www.terresdesainthilaire.com, to which all internet users have free and unrestricted access.
2.2. Scope of the T&Cs
The T&Cs govern exclusively the online sales contracts for products from Les Domaines de Provence SCEA to buyers acting as consumers (hereinafter, ‘consumers’) and, together with the order form, constitute the contractual documents binding on the parties.
These T&Cs apply exclusively to products delivered to consumers resident in mainland France. These T&Cs, together with all contractual information mentioned on the website, are drafted in French.
2.3. Availability and enforceability of the T&Cs
The T&Cs are made available to consumers on the website www.terresdesainthilaire.com via the ‘Terms and Conditions’ hyperlink, where they can be viewed directly; they may also be provided to the consumer upon request by telephone, email or post.
The T&Cs are binding on the consumer, who acknowledges, by ticking the box provided for this purpose, that they have read and accepted them before placing an order.
Confirmation of the order constitutes the buyer’s acceptance of the T&Cs in force on the date of the order, the retention and reproduction of which
2.4. Amendments to the Terms and Conditions
Domaines de Provence SCEA reserves the right to amend its Terms and Conditions at any time. In the event of any amendments to the Terms and Conditions, such amendments shall be binding from the moment they are published online and shall not apply to contracts entered into subsequently. The applicable Terms and Conditions are those in force on the date of the order.
2.5. Provisions of the T&Cs
The invalidity of a contractual provision shall not render the T&Cs invalid, unless it is a key and decisive provision which led one of the parties to enter into the contract of sale.
The temporary or permanent non-enforcement by Les Domaines de Provence SCEA of one or more clauses of the T&Cs shall not constitute a waiver on its part of the other clauses of the T&Cs, which shall continue to have full effect.
3. Protection of minors
By confirming their order and accepting the General Terms and Conditions of Sale, the purchaser undertakes to be at least 18 years of age on the date of the order.
4. Products – wines
4.1 Characteristics
Each wine offered for sale on the website is accompanied by a description available on the website www.terresdesainthilaire.com by clicking on the relevant wine; this description sets out the essential characteristics of the product within the meaning of Article L. 111-1 of the French Consumer Code.
4.2. Conformity
The products comply with the provisions of current French law relating to the health and safety of persons, fair trading and consumer protection at the time they are placed on the market.
4.3 Validity of the offer
Unless a specific duration is stated, the online offers for sale displayed on the website remain valid for as long as the products appear in the online catalogue and whilst stocks last.
5. Sale price
The sale price of the product is that in force on the day the order is placed, and includes the VAT applicable on that day. In accordance with the Consumer Code, the sale prices for each product listed in the online catalogue are shown in euros, inclusive of all taxes, excluding delivery and transport costs. Delivery and transport costs will be shown to consumers before the order is confirmed and will be charged as an additional charge where applicable. The total amount payable by the consumer is shown on the order confirmation page.
5.1. Price changes
Domaines de Provence SCEA reserves the right to change its prices at any time, whilst guaranteeing that the price applicable on the day the order is placed will be applied to the consumer.
5.2. Promotional offers
In the event of a promotion, Les Domaines de Provence SCEA undertakes to apply the promotional price to any order placed during the promotional period.
6. Ordering
6.1. Minimum order quantity
The minimum order quantity is 6 bottles. For orders below this quantity, Les Domaines de Provence SCEA reserves the right not to dispatch the order and to refund the customer the full amount of their order.
6.2. How to place an order
Select your products and add them to your basket. Go to your basket, check that the details are correct, select your delivery method and payment method, then confirm. Log in to your account or create one, then proceed to payment.
6.3. Order amendments
Any amendment to an order made by the buyer after the order has been confirmed is subject to acceptance by Les Domaines de Provence SCEA.
6.4. Order confirmation
Les Domaines de Provence SCEA reserves the right to refuse any order on legitimate grounds and, in particular, if the quantities of products ordered are abnormally high for buyers acting as consumers.
Following your order on the website www.terresdesainthilaire.com, you will receive an order confirmation by email. Confirmation of your order by our team automatically triggers its preparation.
6.5. Product unavailability
If the products ordered are unavailable for delivery, Les Domaines de Provence SCEA will inform the consumer immediately and may offer them a product of equivalent quality and price.
7. Payment
The products ordered are payable in full at the time of ordering and in euros. An invoice in euros, inclusive of VAT, will be issued by Les Domaines de Provence SCEA and sent to the customer at the billing address provided. In the event of non-payment or refusal of payment authorisation by the relevant organisations, Les Domaines de Provence SCEA reserves the right to refuse an order.
7.1. Payment methods and terms
Payment is due immediately upon placing the order.
Credit card /
Bank transfer /
Cheque
7.2. Payment security
Bank account details: LCL, 83000 TOULON
8. Right of withdrawal
8.1. Grounds for withdrawal
The buyer has a withdrawal period of fourteen clear days (14) from the date of receipt to return the product to the seller. The buyer may request an exchange or a refund without penalty, subject to the condition of the goods and their packaging, excluding the cost of return postage.
8.2. Withdrawal/Refund Procedure
To cancel their order within the fourteen-working-day (14) withdrawal period, the buyer must return the goods in their original packaging, notifying Les Domaines de Provence SCEA by post or by email to contact@terresdesainthilaire.com, using the printable withdrawal form below:
——————-
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of Les Terres de Saint Hilaire, Route de Rians – RD3, 83420 Ollières
I/we (*) hereby give notice of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/the provision of services (*) set out below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s):
Date:
(*) Delete as appropriate
——————–
9. Delivery
9.1. Place of delivery
Delivery is available exclusively within mainland France and to certain countries within the European Union.
9.2. Delivery times and charges
Delivery times may vary depending on distance, ranging from five (5) to fifteen (15) days, depending on the delivery provider.
Delivery charges: €30 in mainland France (free for purchases of €230 or more), and between €75 and €120 for countries within the European Union.
9.3. Delivery Arrangements
Our deliveries are handled by external service providers, including Transport Schenker, Joyau and Kuehne Nagel.
9.4. Failure to deliver
Upon delivery, in the event of missing or damaged parcels, reservations must be noted on the carrier’s delivery note and confirmed by registered letter within three (3) working days to the delivery carrier, with a copy to the sender.
Where the consumer personally takes delivery of the goods and where the carrier fails to demonstrate that they gave the consumer the opportunity to effectively check that the goods were in good condition, the time limit within which any claim against the carrier must be made is extended to ten days, in accordance with Article L.224-65 of the Consumer Code.
Our warranty is strictly limited to the replacement within a reasonable timeframe or, at our discretion, a refund for parts recognised as defective or non-compliant, following our own inspection. Any replacement shall under no circumstances justify a delay or refusal to settle our invoices. Only the value of parts recognised as defective or non-compliant may be deducted. Any deduction made from our invoices for any reason whatsoever is deductible from our turnover and results in a proportional reduction in the amount of VAT.
10. Management of your personal data
10.1. Collection and use of data
The collection of personal data, its use for the purposes of processing orders and compiling customer records, and its disclosure exclusively to third parties responsible for the fulfilment and payment of orders, is subject to the consent of the data subject.
The processing of personal data, which is retained by the publisher solely for the purposes of the proper administration of orders and commercial relations, is carried out in accordance with the European General Data Protection Regulation (GDPR) and the French Data Protection Act of 6 January 1978, as amended in 2018.
10.2. Right to access, amend or delete your data
In accordance with the European General Data Protection Regulation (GDPR) and the French Data Protection Act of 6 January 1978, as amended in 2018, consumers have the right at any time to access, rectify and delete their personal data. They may exercise this right by post by writing to Terres de Saint Hilaire – Personal Data, Route de Rians RD3, 83470 Ollières.
11. Dispute resolution and contact
In the event of any dispute, the purchaser may request free mediation from:
Medycis, 73 boulevard de Clichy, 75009 Paris – https://medicys-consommation.fr/
In accordance with Article R.631-3 of the Consumer Code, in the event of a persistent disagreement, the dispute shall be submitted to the court with jurisdiction over the place of performance of the contract or to that of the buyer’s place of residence, at the buyer’s discretion.
If you have any questions, please contact us between 10.00 and 18.00 on 04 98 05 40 10. Any delivery or order confirmation implies, without reservation, acceptance of these general terms and conditions, which shall, in all circumstances, take precedence over any contrary provisions put forward by the purchaser. Any incompatible stipulation appearing in the purchaser’s document shall be deemed to be revoked by the contract binding them to us.
12. Intellectual Property
The content reproduced on this website, whether visual or audio, is the exclusive property of the publisher and is protected by copyright, trade mark law and patent law. Any reproduction or distribution of this content without the publisher’s prior written authorisation may result in legal action being taken against the offenders.