GENERAL TERMS AND CONDITIONS OF SALE
Acceptance of these general terms and conditions of sale.
These conditions apply to the sale of products by SAS CAP VINTAGE in France via the website www.cap-vintage.com. They are made available to the buyer at the time the order form is sent. Consequently, placing an order implies the buyer's full and unreserved adherence to these "General Terms and Conditions of Sale". The fact that SAS CAP VINTAGE does not, at a given moment, invoke any of the provisions hereof cannot be interpreted as a waiver of its right to subsequently invoke any of the said conditions.
Legal information:
Company name: SAS CAP VINTAGE
Registered office: Lieu dit La Boubée 32410 Castera-Verduzan
Telephone: 06 42 45 66 00
Email: contact@cap-vintage.com
Website: www.cap-vintage.com
RCS registration number: RCS Auch 814 658 068 00014
VAT number: FR46814658068 Legal representatives: Mr. DAGNAC
Protection of minors
In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, the buyer undertakes, by filling out the order form, to be at least eighteen years old on the date of the order.
Alcohol abuse
Alcohol abuse is dangerous for your health. Consume and enjoy in moderation.
Prices
The prices of products sold through the website are indicated in Euros, all taxes included, and are precisely determined on the product description pages. They are also indicated in euros, all taxes included (VAT + any other taxes), on the product order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or overseas French territories, the price is calculated automatically excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the relevant local authorities. The Company reserves the right to modify its prices at any time for the future, with the understanding that the price displayed at the time of the order will be the one invoiced, consistent with the price displayed on the product page. Telecommunication costs necessary for accessing the Company's website are the responsibility of the Client.
Payment
Payment is due immediately upon order, including for pre-ordered products. The Client can pay by credit card or via Paypal. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service provider. The transmitted information is encrypted using state-of-the-art technology and cannot be read during transport over the network. Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Client authorizes the Seller to debit their card for the indicated amount. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately terminated by right and the order cancelled.
Shipping costs, method and delivery time
All deliveries are made within 15 working days to the destination agreed upon on the order form. Delivery is made either by direct delivery of the product to the Client against signature of the delivery note by the latter, or by simple notification of availability, or by delivery to a sender or carrier in the Client's warehouses. The Client is obliged to take all necessary steps to ensure proper delivery. As such, they are required to provide all information essential for delivery (exact address, door code, etc.). Failing this, SAS CAP VINTAGE cannot be held responsible for this failure to deliver. In the event of non-delivery, the products will be returned to the warehouse and the Client must contact the Transport Department by calling +33 (0) 6 42 45 66 00 to find out the steps to follow to retrieve their order.
Article L216-4 of the Consumer Code:
Delivery is made to the consumer when the latter or a third party designated by them, other than the carrier proposed by the professional, physically takes possession of these goods.
Timeframes
The indicated delivery times correspond to the order processing and delivery times. If 15 days after the order, the product has not been delivered, for any reason other than a case of force majeure as defined below, the consumer may terminate the contract under the conditions provided for in article L216-2 of the Consumer Code. The Client will be reimbursed for all sums paid no later than 14 days following the date on which the contract was cancelled. In any event, delivery within the deadlines can only occur if the Client is up to date with their obligations to SAS CAP VINTAGE.
Legal Guarantees
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these General Terms and Conditions of Sale comply with the current requirements relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for conformity defects and hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is responsible for any conformity defects existing at the time of delivery. They are also responsible for conformity defects resulting from the packaging, assembly instructions, or installation when this was undertaken by them under the contract or carried out under their responsibility. When acting under the legal guarantee of conformity, the consumer:
- Has a period of 2 years from the delivery of the goods to act.
- Can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L217-9 of the Consumer Code.
- Is exempt from providing proof of the goods' lack of conformity during the 24 months following delivery of the goods.
The consumer may decide to implement the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code. In this case, they can choose between rescission of the sale or a reduction in the selling price in accordance with article 1644 of the Civil Code.
Right of withdrawal
You have the right to withdraw from this contract without giving any reason within 14 days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods. To exercise the right of withdrawal, you must notify Pierre DAGNAC, lieu-dit La Boubée 32410 CASTERA-VERDUZAN, 06 42 45 66 00 contact@cap-vintage.com of your decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax, or email). You can use the model withdrawal form, but it is not obligatory. For the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effect of withdrawal
In the event of your withdrawal from this contract, we will reimburse you for all payments received from you, including delivery costs, without undue delay and, in any event, no later than 14 days from the day we are informed of your decision to withdraw from this contract. We will proceed with the reimbursement using the same payment method you used for the initial transaction, unless you expressly agree to a different method; in any event, this reimbursement will not incur any costs for you. We may defer the reimbursement until we have received the goods or until you have provided proof of shipment of the goods, the date retained being that of the first of these facts. You must return or hand over the goods to us without undue delay and, in any event, no later than 14 days after you have communicated your decision to withdraw from this contract. This deadline is deemed to be met if you send the goods before the expiry of the 14-day period. You will have to bear the direct costs of returning the goods. Your liability is only engaged with regard to the depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the goods. The right of withdrawal cannot be exercised for contracts for the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of [the professional inserts here their name, geographical address, and, where available, their fax number and email address]:
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Risks
Delivery is carried out by a carrier or service provider chosen by SAS CAP VINTAGE. The transfer of risk of loss of the products takes place as soon as the consumer or a third party designated by them, other than the carrier proposed by the professional, physically takes possession of these goods.
. It is up to the recipient to check the contents of the packages at the time of delivery and to make any claims within 48 hours for damage concerning the shipment (bottle broken or damaged during transport) following the endorsement of the delivery note.
Responsibility and conformity of goods
Inspection and claims obligation: The buyer has the obligation to inspect the delivered goods upon receipt. They must proceed according to recognized technical rules. They lose their right to claim for non-compliance with the terms of the contract if they have not, within 48 hours of inspecting the goods or having had to do so, notified in writing and in detail the defects found. The buyer, after agreement with the seller, is obliged to keep all supporting documents.
Replacement delivery
If the delivery does not conform to the terms of the contract, the seller will have the possibility, even in the event of a serious breach of the terms of the contract, within a period of 4 weeks after formal notice by the buyer, to replace the defective delivery at the seller's expense. The buyer is obliged to ship the goods to the seller, in order to proceed with the replacement, if requested.
Complaints and mediation
In accordance with article L. 612-1 of the Consumer Code, within one year from their written complaint, the consumer has the option of submitting a request for amicable resolution by mediation, to
SAS Médiation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost
website: https://www.sasmediationsolution-conso.fr,
email: contact@sasmediationsolution-conso.fr
Contract Resolution
The order can be cancelled by the buyer by registered letter with acknowledgment of receipt in the following cases: — delivery of a product that does not conform to the order specifications, unjustified price increase, or product modification.
Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these General Terms and Conditions of Sale. Any total or partial reproduction, modification, or use of these assets for any reason whatsoever is strictly prohibited.
Force majeure
The parties are not responsible for the failure to perform an obligation when the non-performance is due to an unforeseeable and insurmountable impediment or for the following reasons: fire, natural disaster, war, requisition, export ban, embargo, or any other administrative measures, raw material rationing, energy rationing, social conflicts, or if the non-performance results from one of the subcontractors falling under one of these criteria. Each party may expressly terminate the contract if its performance is impossible for a period of more than 6 months.
SAS CAP VINTAGE with a capital of 4650 EUROS
RCS: RCS Auch 814 658 068 00014
VAT number: FR46814658068
Registered office: Lieu-dit La Boubée 32410 CASTERA-VERDUZAN
Phone: 06 42 45 66 00