General Terms and Conditions of Sale – Le Bourguignon, Burgundy wine on the internet
Le Bourguignon is a SARL with a capital of 10,000 euros registered under Siret n ° 788 926 426 00016
Excise number: FR013487A0221
Registered office: 30 rue du Moulin Madame - 71640 Dracy le Fort - Bourgogne - France
Phone and fax: 00 33 373 640 007
These general conditions of sale apply without restriction or reservation to all sales concluded by the company Le Bourguignon with non-professional buyers wishing to acquire the products offered for sale by the seller on its website www.le-bourguignon.fr.
These conditions apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
These general conditions of sale of wine are accessible at any time on this website and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded by the company Le Bourguignon constitute proof of all transactions.
These general conditions of sale of wine are valid from 1 November 2012.
The modifications of these general conditions of sale are enforceable against the users of the site from their putting online and can not apply to the transactions concluded previously.
The validation of the order by the buyer implies unreserved acceptance of these general conditions of sale.
Application of the General Terms and Conditions of Sale
These general conditions of sale apply to the sale of wine online on the website www.le-bourguignon.fr.
The Burgundian aims to offer Burgundy wines from harvesting owners. For a majority of wines, prices are less than 10 euros per bottle in case of purchase in cartons of 6.
The purchase of wine is reserved only for adult users who have previously read the general conditions of sale of wine in their entirety and have accepted them without reservation, by ticking the box provided for this purpose during the wine order. Without this acceptance, the continuation of the wine ordering process on www.le-bourguignon.fr is not possible.
- Presentation of the wines
The description of the wines is the one of which Le Bourguignon is aware at the time of their sale. This information is subject to change and modification. Nevertheless, Le Bourguignon strives to describe the wines as accurately as possible and to give up-to-date information at the time of sale.
In addition, the proposed wine descriptions can also be opinions, which by nature are subjective. Le Bourguignon customers have an account on the site and can therefore make their own opinion known by publishing a comment on the sheet of the wine concerned.
The photos of the wine bottles are illustrative, are therefore not contractual and can not engage the responsibility of Le Bourguignon.
-Storage:
The Burgundian buys the wines and stores them in conditions adapted to the wine. All wines offered and indicated as being in stock are available for sale. Information on the availability of wines is provided at the time of placing the order.
- Order
A wine order is considered final when it has been confirmed by the payment of the price by the buyer.
Le Bourguignon reserves the right to refuse or cancel any order of a customer, in particular in the event of the customer's insolvency or in the event of a failure to pay for the order concerned or a previous unpaid order.
The information indicated by the customer when entering the information necessary for his order binds the latter. Le Bourguignon can not be held responsible for errors made by the customer in the wording of the contact details of the recipient of the order (surname, first name and delivery address, billing address) and delays in delivery or the impossibility of delivering the wines ordered that these errors could cause.
The invoice corresponding to each order is sent by email to the buyer as soon as the payment has been accepted.
- Payment
An invoice containing the details of the order is sent to the customer by email as soon as payment is confirmed.
Payment for wine purchases can be made in 4 ways:
- Payment of the sale of wine by credit card or Paylib:
When choosing to pay for the order by credit card, the buyer is directed to the secure and encrypted BNP Paribas website to enter his numbers. As this information is managed directly by the banking systems, Le Bourguignon does not have access to the bank details of customers who place orders on the www.le-bourguignon.fr site or to the numbers of bank cards. As Le Bourguignon does not have this information, it cannot be kept or stored by Le Bourguignon.
When making a payment in this form, the customer certifies that he is fully capable and authorized to use the credit card used for this payment.
- Payment of the sale of wine by bank transfer
The details of the account to be credited are given during the process of buying the wines, when this type of payment is chosen. The shipment of the wines is prepared when the payment has arrived on the seller's account.
- Payment of the sale of wine by check
Le Bourguignon does not accept payments by cheque
- Price
The prices indicated are expressed in euros (€) and are all taxes included (VAT and all other applicable taxes).
The price mentioned on the product sheet is that of the wine, without the delivery costs. The total amount to be paid indicated in the order confirmation is the final price to be paid, expressed all taxes included (VAT and all other applicable taxes). This amount includes wines, packaging, wine handling and storage costs, administrative costs and delivery.
The wines are invoiced at the price displayed during the validation of the order and its payment.
Le Bourguignon reserves the right to modify its selling prices at any time.
- Delivery and delivery costs of wines - metropolitan France and other countries
Delivery costs are offered for any order from 300 euros TTC of purchase in Metropolitan France, 400 € TTC for bordering countries within the European Union. For All other countries shipping fees will apply, even in case of more than 400 € Wine purchase.
From 1 to 36 bottles, delivery is made by UPS at home or at Point Relais.
For more than 36 bottles, the goods can be delivered to your home by specialized carrier chosen by Le Bourguignon. In all cases the choice is made in consultation with the buyer once the order has been placed.
Fixed price:
- 15 euros from 1 to 3 bottles
- 15 to 60 euros from 4 bottles
The buyer is notified by email when the package is available at the chosen Relay Point. He then has 15 days to receive the package at the Relay Point, after which the package is returned to the sender. In this case the buyer effectively renounces his order. To receive the package again, the buyer will have to pay the return delivery costs to Le Bourguignon as well as the new delivery costs for reshipment.
It is the buyer's responsibility to check the contents and conformity of the package at the time of delivery and to make reservations if necessary. When the buyer signs the delivery note without reservation, the package is deemed to be delivered compliant.
Any package received is deemed to be compliant. In the event that the buyer notices a defect, the buyer must refuse in the Relay Point the receipt of the package and request its return to the sender. The costs of reshipment are then borne by Le Bourguignon. The buyer must also notify Le Bourguignon by email at info@le-bourguignon.fr at the latest within 48 hours after the refusal of the package, indicating his order number and the nature of the defect. Under no circumstances may the buyer demand reimbursement of the order and delivery costs. A new package will be sent back to the buyer as soon as the goods return to Le Bourguignon and the defect of the initial package is noted.
- Delivery time
Le Bourguignon undertakes to make every effort to deliver the wines within 3 to 5 working days in metropolitan France. Any delays do not give the buyer the right to cancel the sale, refuse the goods or claim damages. The delivery time runs from the receipt of payment from the buyer. The Burgundian is relieved of his obligation to deliver in case of force majeure. Are considered as cases of force majeure war, riots, fires, strikes, traffic bans, accidents, earthquakes, cyclones, storms, floods, embargoes and the impossibility of being supplied.
- Out of stock
All wines listed as in stock are deemed available for sale.
In case of out of stock on an ordered product, Le Bourguignon will contact the buyer within 72 hours after the order and will propose:
- Replacement by the next vintage or by an equivalent or higher quality product under the same pricing conditions;
- The refund of unavailable wines or the entire order, at the customer's choice.
- Retractation
Since the Hamon Law of 17 March 2014, the right of withdrawal or "right to change your mind" applicable to contracts concluded at a distance and off-premises are governed by Articles L121-21 to L121-21-8 of the Consumer Code.
The customer has a period of 7 days (Article L221-18 of the Consumer Code) from receipt of his order to announce his withdrawal. To do this, he sends an email to customer service info@le-bourguignon.fr
Return address: Le Bourguignon – ZA les Pièces Bourgeoises - 71640 Givry
In case of withdrawal, SARL Le Bourguignon will refund the order (Article L121-21-4 of the Consumer Code) within 14 days.
The return of all products ordered must be made within 14 days. It will give rise to a refund equal to all the sums paid by the customer, that is to say the purchase price of the product (s) purchased and any delivery costs (minus the supplement for Express delivery).
In the event that certain products have been started or consumed, SARL Le Bourguinon will be entitled to deduct these products and all delivery costs from the refund made to the buyer.
The return costs are the responsibility of the customer. The products are transported at the risk and under the responsibility of the customer. The return will take place by the carrier chosen by the customer.
SARL Le Bourguignon will take care of the refund of the goods within 14 days of receipt of the goods and the control of the latter.
On the other hand, in the event that the customer notices an anomaly on the part of SARL Le Bourguignon (example: product delivered not in conformity with the requested product), SARL Le Bourguignon undertakes to reimburse all the costs incurred by the customer: price of the product plus return costs, and shipping costs, insofar as the products are returned as they are.
- Order cancellation
Any request to cancel an order must be made before the shipment of said order to be taken into consideration, as soon as possible and at the latest 24 hours after placing the order on the website www.le-bourguignon.fr. This cancellation must be made by email to info@le-bourguignon.fr.
- Retention of title
Until the effective and full payment of the amount of the order, Le Bourguignon remains the owner of the wines sold in accordance with the terms of Law No. 80-336 of 1 May 1980, relating to the retention of title. The complete payment will be worth transfer of ownership, the buyer becomes responsible for the wines from the departure of the package for delivery, the transfer of possession being worth transfer of risk.
- Liability
Le Bourguignon does not guarantee that the site www.le-bourguignon.fr cannot contain localized errors or bugs, nor that these can be corrected, nor that the site will operate without interruption or failure, nor that it is compatible with any particular hardware or configuration. However, Le Bourguignon uses the latest online sales software and makes every effort to ensure that the site works optimally at all times.
Le Bourguignon is in no way responsible for malfunctions attributable to third-party software other than those provided on the site, for any type of direct or indirect and/or immaterial damage, foreseeable or unforeseeable (including loss of profits or opportunity...) resulting from the use or total or partial impossibility of using the site. Finally, Le Bourguignon cannot be held responsible for the content of the sites on which the user is referred via hypertext links whose sole purpose is to facilitate the user's searches.
Any user of the www.le-bourguignon.fr site declares to be aware of the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and risks related to the security of communications.
- Proof
It is expressly agreed that, unless there is a manifest error reported, the data stored in Le Bourguignon's information system is probative of the orders made. The data on computer or electronic support kept by Le Bourguignon constitute evidence. If they are produced as evidence by Le Bourguignon in any contentious or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that would be drawn up, received or kept in writing.
- Applicable law
The general conditions of sale are subject to French law. Any dispute relating to their interpretation and/or execution is the responsibility of the Commercial Court of Chalon sur Saône
- Protection of personal data
The www.le-bourguignon.fr site, operated by Le Bourguignon, is registered with the CNIL, under the number 1528439.
The information you provide on the site allows Le Bourguignon to process and fulfill your orders. In accordance with Article 32 of the Data Protection Act of 6 January 1978, the information essential to Le Bourguignon to process and execute orders, is indicated by an asterisk in the pages of the site and on the lines of forms.
The other information requested, for which the answer is optional, is intended to adapt the services offered to you.
In accordance with the Data Protection Act, you have the right to oppose, access, modify, rectify and delete data concerning you (Articles 38 to 40 of the Data Protection Act of 6 January 1978). You can exercise this right in particular by sending a letter to Le Bourguignon: 30 rue du Moulin Madame - 71640 Dracy le Fort - Bourgogne
- Protection of minors and public health
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under 18 years of age is prohibited. Any customer of Le Bourguignon undertakes to be 18 years old by placing his order on the site www.le-bourguignon.fr.
Alcohol abuse is dangerous for health, consume in moderation.
- User service and complaints
Any request for information, clarifications and possible complaints must be sent to Le Bourguignon by registered letter with acknowledgment of receipt to:
Customer Service Le Bourguignon
ZA Les Pièces Bourgeoises
71640 Givry
Postal costs are the responsibility of the sender.
- Litigation
These general conditions of sale and use of the www.le-bourguignon.fr site are subject to the application of French law. In the event of a dispute, the customer will first contact Le Bourguignon to find an amicable solution. Otherwise, all disputes arising from the execution of an order or the interpretation of these general conditions of sale will be the jurisdiction of the Commercial Court of Roubaix-Tourcoing.
Copyright:
The website of Le Bourguignon.com is a work of the mind protected by the laws of Intellectual Property. The site and the elements that compose it are the exclusive property of Le Bourguignon. All the elements of the site, in particular the texts, presentations, illustrations, photographs, trees and formatting are, except public documents and additional details, are the exclusive property of Le Bourguignon. As such, their representations, reproductions, nesting, broadcasts and rebroadcasts, partial or total, are prohibited. Any person proceeding without being able to justify a prior and express authorization of the holder of these rights incurs the penalties relating to the offense of counterfeiting provided for by the Code of Intellectual Property. The same applies to the database contained on the site. The creation of hypertext links to the Le Bourguignon website can only be done with the prior written permission of Le Bourguignon. Le Bourguignon declines all responsibility for the content of sites linked to the Le Bourguignon website.
Brands:
The trademarks and logos present on the site have been registered by Le Bourguignon or possibly by its partners. As such, any person carrying out their representation, reproduction, nesting, dissemination and redistribution incurs the penalties provided for by the Intellectual Property Code.
Buyer's Acceptance
The fact that a person orders on the seller's website implies full acceptance and acceptance of these general conditions of sale, which is expressly recognized by the Buyer, who renounces in particular, to rely on any contradictory document, which would be unenforceable against the Seller.
Date of the last update of the legal notice:
The last update of the legal notice dates from march 13 2023