GENERAL TERMS & CONDITIONS OF SALE (GTCS)
Last updated: June 17, 2024
Preamble
Minors: by virtue of Ordinance no. 59-107 of January 7, 1959 and Law no. 74-631 of July 5, 1974, the sale of alcohol to minors under the age of 16 is prohibited. Anyone ordering wine, Pineau, Cognac or any form of alcoholic beverage from SARL DU FROLET therefore undertakes to be at least 18 years of age on the date of the order.
Alcohol abuse is dangerous for your health. Please drink responsibly.
Article 1 – Purpose
The present General Terms and Conditions of Sale (GTCS) govern the contractual relationship between Domaine Quintard Frères (SARL DU FROLET), whose registered office is located at 13 route du Petit Morlut 17800 Chadenac – France, and any individual or legal entity wishing to make a purchase via the www.domainequintard.com website, hereinafter referred to as “the Customer”.
Article 2 – Acceptance of the General Sales Conditions
The Customer acknowledges having read the present General Terms and Conditions at the time of placing the order, and expressly declares that he accepts them without reservation. These terms and conditions shall prevail over any other general or special conditions not expressly approved by Domaine Quintard Frères (SARL DU FROLET).
Article 3 – Products
The products offered for sale are those shown on the www.domainequintard.com site on the day the Customer consults the site. The products are described and presented as accurately as possible. Photographs of products are for guidance only and are not contractually binding.
The majority of products offered to customers are available in our warehouses while stocks last.
Should a product be unavailable, the customer will be informed by e-mail, the order will be cancelled and no bank debit will be made.
Article 4 – Geographical area
Products sold online on the Site are delivered to Metropolitan France (including Corsica) only.
If the Customer wishes to travel outside France with the products purchased on the www.domainequintard.com website, it is the Customer’s responsibility to check that he/she complies with the legal requirements of his/her country. In addition, the Customer will take all necessary steps concerning taxes and other customs or import duties, and more generally all related costs.
The Customer declares that he understands and accepts that he cannot validly avail himself of the right of withdrawal set out in article 10, if he does not meet the obligations mentioned in the paragraph above.
Article 5 – Prices
Product prices are quoted in euros, inclusive of all taxes, and exclude delivery charges. Domaine Quintard Frères (SARL DU FROLET) reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
Article 6 – Ordering
The Customer places an order on the www.domainequintard.com website. To purchase one or more products, the Customer must follow the following order process:
1. Selection of products and addition to the basket.
2. Validation of basket contents.
3. Identification on the site or registration on the identification form.
4. Choice of delivery method.
5. Choice of payment method and acceptance of the General Terms and Conditions.
Any order implies acceptance of the prices and descriptions of the products available for sale and implies acceptance of these General Terms and Conditions of Sale, without exception or reservation. All data supplied and the recorded confirmation shall constitute proof of the transaction (nature, content, date).
Confirmation of the order will constitute signature and acceptance of the operations carried out. Domaine Quintard Frères (SARL DU FROLET) will acknowledge receipt of the order as soon as it has been validated by sending an e-mail. This email will be accompanied by a summary of the information relating to your order and the present General Conditions of Sale.
Article 7 – Payment terms
Payment is due immediately upon ordering. The customer may pay by credit card or bank transfer. Transactions carried out on the site are secured by the STRIPE online payment system: the bank card number is sent to the bank’s servers and does not pass through the boutique.
Domaine Quintard Frères (SARL DU FROLET) also offers payment by bank transfer to the address indicated on the site. In the latter case, the transfer must be made to the account of domaine Quintard Frères (SARL DU FROLET). The order will not be validated until payment has been received. In the event of refusal by the bank, the order will be automatically cancelled and the customer will be informed.
In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify or delete any of your personal data at any time, by writing to Domaine Quintard Frères (SARL DU FROLET), 13 route du petit Morlut 17800 Chadenac, France, with proof of your identity.
Article 8 – Invoicing
An invoice will automatically be sent to the Customer when the order is placed. This will be sent to the e-mail address indicated by the Customer at the time of ordering, unless otherwise specified by the Customer.
Article 9 – Delivery
Products are delivered to the delivery address indicated during the order process. Domaine Quintard Frères (SARL DU FROLET) undertakes to dispatch orders within a maximum of 20 working days following order confirmation, but the team will of course make every effort to dispatch orders as quickly as possible. In the event of a delay in shipment, an e-mail will be sent to you to inform you of any consequences on the initial delivery time.
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of products shall not entitle the purchaser to :
– compensation for damages
– cancellation of the order
In the event of late delivery, the customer may contact Domaine Quintard Frères (SARL DU FROLET) and arrange a new delivery date with the carrier. However, if the reason for the delay is due to the unavailability of the customer or the delay of the carrier within 72 hours, Domaine Quintard Frères (SARL DU FROLET) cannot be held responsible for the non-delivery of the order.
The customer may nevertheless cancel the order in accordance with the legal provisions of the French Consumer Code (articles L 138-2 and L 138-3).
This right may not be exercised in the event of force majeure, i.e. the obligation to deliver may not be invoked in the event of war, riot, fire or strike.
In the event of missing or damaged goods in transit, the purchaser must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt.
All orders placed are exclusively intended for the customer’s personal use and may not be resold in any way, with the exception of an approved professional.
Article 10 – Right of withdrawal
In accordance with article L121-20 of the French Consumer Code, the Customer has a period of seven (7) clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods. The period of seven (7) days runs from the date of receipt of the products ordered (it being specified that when the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day).
However, the Customer may not avail himself of this right in the following cases:
– supply of a service whose performance has begun or has been completed before the end of the seven (7)-day period
– supply of goods made to the consumer’s specifications or clearly personalized or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly.
SARL DU FROLET recommends that customers wishing to exercise their right of withdrawal inform Customer Service, who will then be given a return number for the product(s) concerned. The Customer will receive an e-mail, which must be enclosed with the parcel, with notification of the return number and the address to which the product must be returned.
Packages for which no information is attached to identify the sender (order number, surname, first name, address) cannot be returned.
The product(s) must be returned in their original condition and packaging, complete and accompanied by a copy of the purchase invoice and the completed returns form or e-mail confirming the returns number. Products must not have undergone any alteration whatsoever.
After receiving and checking the products returned by the Customer, DU FROLET sends an e-mail confirming the withdrawal and then proceeds to reimbursement within a maximum of eight (8) days. Reimbursement is made by bank transfer.
The costs and risks associated with the return of the goods are borne by the Customer who sends them. The return of the product(s) will give rise to a refund equal to the purchase price of the product(s) purchased (including the sum paid by the Customer to cover the cost of delivery, and less the cost of return, which is borne by the Customer).
Article 11 – Exchanges, returns, refunds
In the event of non-conformity of the order, the Customer may return the product(s) received. In this case, in order for the return to be accepted, the Customer must inform Customer Services within five (5) days if he/she has not received the correct reference.
Any claim made after this deadline will not be accepted.
Returns will only be accepted for products in perfect condition, in their original packaging. Any opened, damaged or incomplete product will not be reimbursed or exchanged.
The product(s) must be returned to our Customer Service Department, accompanied by the purchase invoice and the return authorization number.
The returned product will be refunded or exchanged according to your request and available stock. If a refund is necessary, it will be made within eight (8) days of receipt of your return. Return shipping costs may be reimbursed upon presentation of proof.
Article 12 – Warranty
SARL DU FROLET is bound by the legal guarantee against hidden defects, in accordance with article 1641 et seq. of the French Civil Code, which stipulates that “the seller is bound by the guarantee against hidden defects of the item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known of them”.
Consequently, the customer has up to one (1) month (from the date of delivery) to send a complaint to Domaine Quintard FRERES (SARL DU FROLET). Beyond this period, the company SARL DU FROLET will no longer be able to guarantee the wines, since no control over the quality of the storage location (essential element of wine conservation) can be carried out, unless the Customer can provide proof that the alteration of the wine predates the sale.
SARL DU FROLET will replace products deemed to be defective under warranty, or will return part of the price to the Customer who has chosen to keep the product.
SARL DU FROLET does not guarantee the customer against any harmful consequences that these hidden defects may cause.
Article 13 – Liability
The products sold on the www.domainequintard.com website comply with current French legislation. Domaine Quintard Frères (SARL DU FROLET) cannot be held responsible in the event of non-compliance with the legislation of the country where the product is delivered or transported. It is therefore the customer’s responsibility to check with local authorities about the possibility of importing or using products.
Furthermore, SARL DU FROLET’s liability in the online sales process is limited to an obligation of means; it may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption or other involuntary problems.
Article 14 – Complaints and after-sales service
For any complaint, question or advice, the customer may contact Domaine Quintard Frères at the following address: thomas.cognacdufrolet@gmail.com or by telephone on +33 (0)6 86 15 18 89.
Article 15 – Force majeure
SARL DU FROLET may not be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
With regard to products purchased to satisfy professional needs, SARL DU FROLET shall not be held liable for any indirect damage resulting from the present operating loss, loss of profit, damage or expenses that may occur.
Article 16 – Archiving
Domaine Quintard Frères (SARL DU FROLET) will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the French Civil Code.
The computerized registers of Domaine Quintard Frères (SARL DU FROLET) will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
Article 17 – Clause de réserve de propriété
Domaine Quintard Frères (SARL DU FROLET) reserves ownership of the goods sold until full payment has been received from the customer.
In the event that the customer has received the merchandise before having effectively paid the amount of the order, Domaine Quintard Frères (SARL DU FROLET) reserves the right to demand the return of the merchandise in the event that the customer does not pay the order on the agreed date.
Article 18 – Protection of personal data
Nominative information and personal data collected on the www.domainequintard.com site are necessary for the processing and routing of orders and the preparation of invoices. Failure to provide this information will result in the order not being validated.
However, in accordance with the French Data Protection Act of January 6, 1978, the processing of personal data relating to customers has been declared to the French Data Protection Authority (CNIL). In accordance with article 34 of this law, customers have the right to access, modify, rectify and delete their personal data directly on the website.
Domaine Quintard Frères (SARL DU FROLET) undertakes, for its part, not to communicate, free of charge or in return for payment, the details of its customers to a third party.
Article 19 – Intellectual property
All elements of the www.domainequintard.com website, whether visual, software or sound, are protected by copyright, trademark or patent law. They are the exclusive property of Domaine Quintard Frères (SARL DU FROLET). Consequently, no one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site.
Article 20 – Applicable law and jurisdiction
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
The liability of Domaine Quintard Frères (SARL DU FROLET) shall be limited to the amount of the orders and shall not be held liable for simple errors or omissions which may have occurred despite all the precautions taken in the presentation of the products.
However, in the event of difficulties in the application of the present contract, the customer has the possibility of seeking a solution with Domaine Quintard Frères (SARL DU FROLET) before taking any legal action, which does not interrupt the “short period” of the legal guarantee or the duration of the contractual guarantee, the latter assuming that the customer honors his financial commitments to Domaine Quintard Frères (SARL DU FROLET).
Failing amicable resolution, the dispute will be referred to the Commercial Court of Saintes.