Terms and conditions of sale
Seller identification
JAILLANCE SA
BP 79, 355 avenue de la Clairette 26150 DIE
Tel: 04 75 22 30 30
Fax: 04 75 22 30 12
E.mail : vpc@jaillance.com
SA with capital of €3,344,125
RCS ROMANS 382 748 986 00017 APE 4634Z
Article 1 - Conditions of application
The purpose of these general terms and conditions of sale is to define the conditions under which distance sales are concluded, in particular via the website www.jaillance.comThese terms and conditions of sale, made by JAILLANCE, with consumers located in Metropolitan France, and they constitute the law of the parties.
Consequently, any order placed by the customer implies the latter's unreserved acceptance of these terms and conditions of sale, which the customer acknowledges being fully aware of, having read them prior to placing the order, either in the documents sent to him/her with the order form, or on the website. www.jaillance.com.
JAILLANCE reserves the right to modify and update its general sales conditions at any time. These modifications and updates will be binding on the customer from the date of their communication to the customer, or their publication on the website. www.jaillance.com.
As the sale of alcohol to minors is forbidden, customers ordering products must be at least 18 years of age on the date of purchase. Alcohol abuse is dangerous for your health and should be consumed in moderation.
Article 2 - Offers - Orders
The products offered for sale in the commercial documents sent by JAILLANCE to the customer and on the website. www.jaillance.com are those described therein, with an indication of their price, essential characteristics and delivery costs.
The period of validity of product offers appearing on JAILLANCE commercial documents is that specified on those sent to the customer and on the website. www.jaillance.com and these offers apply to all orders received by JAILLANCE before the expiry date of this validity period. After this date JAILLANCE reserves the right to modify its offers.
If errors exist in the typography or in the photos appearing on JAILLANCE's commercial documents or on the website www.jaillance.com These errors do not create rights for the customer and are not likely to engage the responsibility of JAILLANCE.
All photos and texts appearing in JAILLANCE's commercial documents and on the website are the property of JAILLANCE. www.jaillance.com are its exclusive property and are protected by copyright and other intellectual property rights, so that the customer may not reproduce them, even partially, by any means whatsoever, on any medium whatsoever and for any purpose whatsoever.
In addition, the present general sales conditions include delivery terms and deadlines, payment terms, product guarantees, JAILLANCE's contact details and the terms and conditions for exercising the right of withdrawal.
If the customer does not consider himself sufficiently informed about these elements, he may, prior to placing an order, request additional information on the following telephone number: 04 75 22 30 30 or by e-mail at the following address: vpc@jaillance.com, Monday to Friday from 9 H to 12 H and from 14 H to 17 H 30, JAILLANCE undertaking to provide the customer with any additional information he may wish to obtain.
As soon as the customer considers himself sufficiently informed, he may place an order, it being understood that by placing an order, he implicitly acknowledges having obtained all the information required.
It is specified that given the fact that the products sold by JAILLANCE are, by their nature, limited in quantity, they are only offered for sale within the limits of available stocks.
In case of stock shortage, JAILLANCE commits itself to inform the customer within a maximum of 2 working days from receipt of the order, by mail or e-mail, possibly proposing to the customer a product of equivalent quality and price.
The customer may then either cancel his order against reimbursement of the price paid, or order products of an equivalent nature and price that may be offered to him, by informing JAILLANCE of his choice by mail or e-mail, within 8 days following receipt by him of the information concerning the unavailability of the products ordered.
In case of cancellation of the order, JAILLANCE commits itself to reimburse the customer within a maximum of 14 days from the date of cancellation of the order by the customer.
To place an order on the www.jaillance.com must follow the ordering process specified therein by completing the online order form.
For other remote orders, the customer must return the order form sent to him/her, duly completed, to JAILLANCE at the address given in article 10.
The customer communicates the information requested, necessary for the completion of the sale and delivery, in the areas reserved for this purpose, taking care, on this occasion, not to omit any information essential to the proper execution of the delivery (access details, door codes, landline telephone number, etc.).
After validation of the order and payment by the customer of its price on the website www.jaillance.com and/or receipt by JAILLANCE of the order form accompanied by the customer's payment, the order is final and the sale is deemed to have been formed, so that the order can no longer be the object of any cancellation or modification, without the prior written agreement of JAILLANCE, subject to the exercise by the customer of his right of retraction described in article 5 of the present general sales conditions.
The customer will receive written confirmation of his order, at the latest upon delivery of the products ordered, specifying his name and address, the price and characteristics of the products ordered, the conditions, costs and delivery times, the conditions and terms of the guarantees inherent in the products, the address and telephone number to which he may submit his complaints and the conditions and terms for exercising his right of withdrawal, as well as the withdrawal form.
Exceptionally, JAILLANCE reserves the right to cancel an order placed by a customer, as soon as this order presents an abnormal character with regard to the true identity of the customer, the ownership of the means of payment used by the latter, the delivery address provided or the use of technical means to divert the ordering or payment system from its normal operation.
In this exceptional case, JAILLANCE reserves the right to ask the customer for written proof of identity, ownership of the means of payment used and the requested delivery address, either on paper or by e-mail.
Should the customer fail to provide JAILLANCE with the requested evidence within 8 days of receipt of JAILLANCE's request, JAILLANCE will be entitled to cancel the order placed with it by informing the customer of its decision in writing on paper or by e-mail.
In case of cancellation of the order, JAILLANCE will reimburse the customer within a maximum of 14 days from the date of cancellation of the order.
Article 3 - Delivery and transport
The delivery times indicated hereafter or on any document emanating from the customer or JAILLANCE are, unless otherwise agreed, for products delivered by JAILLANCE or by a carrier appointed by it, to the address indicated in the order.
Delivery of the products ordered will be made, in Metropolitan France, within a maximum of 10 working days, from the date of formation of the contract as set out in article 2 of these terms and conditions of sale (receipt of the order form accompanied by payment of the price).
Should JAILLANCE be unable to deliver the ordered products within the above-mentioned period of 10 days, and should the delay in delivery exceed 7 working days and not be due to force majeure, then the customer will be entitled to rescind the sales contract.
In this case, the customer must inform JAILLANCE by letter or e-mail, and JAILLANCE will then reimburse the customer as soon as possible, and in any case within 14 working days of receipt of the request for cancellation, for any sums it may have received when the order was placed.
The products sold by JAILLANCE travel at the customer's expense, risk and peril, the transfer of risk and responsibility taking place upon delivery of the products to the customer's premises at the address indicated in the order, the customer undertaking to be present to receive the delivery. Delivery is made between 9 am and 5 pm.
In case of shortage, deterioration or non-conformity of the delivered products in relation to the order, the customer will have to indicate his reserves in writing on the delivery note with his signature and will have to inform JAILLANCE by mail or e-mail of these incidents, within 48 hours from the delivery, in order to allow JAILLANCE to preserve its rights towards the carrier.
Article 4 - Price - Payment
inclusive, for packaged products delivered to the customer's premises for all orders of at least 30 bottles (75 cl) that can be delivered to the same address on the same day.
To these prices must be added the preparation costs, which are clearly indicated on the website www.selection-jaillance.com and on the order form sent to the customer by JAILLANCE, for all orders of less than 30 bottles (75 cl).
The period of validity of the prices of the products appearing on the site www.jaillance.com and on JAILLANCE's commercial documents is that specified thereon and these prices are applicable to all orders received by JAILLANCE before the expiration date of this validity period. After this date JAILLANCE reserves the right to modify the prices of its products.
Payment for products ordered on the website www.jaillance.com is made directly on this site, by credit card, in cash, when the order is placed.
To ensure the security of online payments by credit card, JAILLANCE has adopted the SSL encryption process to protect all data linked to the means of payment used by the customer as effectively as possible.
This system guarantees the confidentiality of information transmitted to the www.selection-jaillance.com website, as the data transmitted is encrypted by software that prevents it from being read as it travels over the network.
Payment for products ordered with a paper order form is made by cheque, which must be enclosed with the order form sent by JAILLANCE, or by credit card, mentioning on the order form sent to JAILLANCE all information requested concerning this method of payment.
The invoice corresponding to the products ordered will be sent to the customer with the delivery of the products and written confirmation of the order referred to in article 2.
Any payment incident will authorize JAILLANCE to suspend the execution of all current orders and to refuse any new order from the customer, without the latter being able to claim any damages or indemnity.
Article 5 - Right of withdrawal
In accordance with the provisions of article L 121-21 of the French Consumer Code, the customer has a period of 14 clear days from the date of receipt of the products ordered to exercise his right of withdrawal. If the 14-day period expires on a Saturday, Sunday or public holiday, the period is extended to the next working day.
The customer undertakes to inform JAILLANCE of the exercise of his right of withdrawal, within the above-mentioned period, by letter or e-mail or by returning the withdrawal form.
In execution of the right of withdrawal, the customer may return the products ordered to JAILLANCE, the costs of returning these products being borne by the customer.
Products must be returned within 14 days of the customer informing JAILLANCE that he/she wishes to exercise his/her right of withdrawal, to the following address: JAILLANCE SA, BP 79, 355, avenue de la Clairette 26 150 DIE.
It is expressly stipulated that the products covered by the right of withdrawal exercised by the customer will only be taken back if they are returned in their original packaging and in perfect condition for resale. Any product that has been damaged or partially consumed will under no circumstances benefit from the right of withdrawal provided for in the present article.
Consequently, the customer is advised to keep the original packaging until the end of the withdrawal period, and not to damage the packaging when opening the parcel.
In the event that the customer exercises the right of withdrawal, JAILLANCE will reimburse the customer for all sums paid by the customer for the purchase of the products (including shipping and delivery costs), as soon as possible and at the latest within 14 days from the date of receipt of the products subject to the right of withdrawal at the JAILLANCE premises or the date on which the consumer has provided JAILLANCE with proof of shipment of these products.
The customer will be reimbursed by crediting his bank account or by cheque, depending on the means of payment used by the consumer.
Should JAILLANCE fail to reimburse the sums due to the customer within the aforementioned period of 14 days, it will be liable to the customer for late payment penalties in accordance with article L 121-21-4 of the French Consumer Code, under the conditions stipulated therein.
Article 6 - Warranty and liability
It is the customer's responsibility to verify that the products ordered correspond to his/her needs, it being specified that prior to placing the order, the customer has had the possibility of obtaining detailed information from JAILLANCE concerning the characteristics of the products ordered.
In view of the nature of the products sold, JAILLANCE recommends that the customer store them in a place that allows them to be well preserved, and in particular in a cool, damp place, protected from light, sun, frost and rain, and without sudden variations in temperature.
Within the framework of the above provisions, JAILLANCE undertakes to guarantee the products sold against any defect or latent defect, under the conditions specified in articles 1641 to 1648 and 2232 of the Civil Code and to guarantee the conformity of the products under the conditions specified in articles L 211-4 to L 211-13 of the Consumer Code.
If the customer considers that the delivered products are marred by defects or non-conformity, it must notify JAILLANCE by registered letter with acknowledgement of receipt as soon as possible after the discovery of the defect or non-conformity, specifying the nature and extent of the alleged defect or non-conformity and providing all evidence as to the reality of the defect or non-conformity.
The customer must allow JAILLANCE every facility to make any observations it deems necessary.
If, as a result of these findings, the delivered products are found to be defective, defective or non-conforming, then JAILLANCE will replace these products free of charge, pay all costs for the return of these products and the shipment of products free of defects, deficiencies or non-conformities, or, if it is not possible to replace the products, reimburse the customer for the price of these products.
Article 7 - Force Majeur
JAILLANCE may be released from all or part of its obligations without being able to claim damages or compensation, if force majeure or fortuitous events prevent or delay the delivery of ordered products.
In particular, storms, fires, floods, severe climatic phenomena, serious material accidents, mobilization, war, transport interruptions, changes in laws or regulations inherent to the products sold, strikes, whether total or partial, and more generally any element beyond the control of JAILLANCE are considered to be cases of force majeure.
In the event of force majeure, JAILLANCE will inform the customer as soon as possible by post or e-mail.
The obligations of JAILLANCE will then be suspended by operation of law, without compensation of any kind whatsoever, from the date of occurrence of the event characterizing the force majeure until the date of its end.
However, if the impediment due to force majeure persists for more than one month, the customer may, at his discretion, terminate the contract by registered letter with acknowledgement of receipt, without this giving rise to any right to damages or compensation for either party.
JAILLANCE will then reimburse the customer for all sums paid, as soon as possible and in any case within a maximum period of 14 days following notification of the cancellation of the sale by the customer.
Article 8 - Personal information
The data recorded by JAILLANCE constitutes proof of the content and date of the order. They are archived by JAILLANCE and the customer may access them by contacting JAILLANCE either by e-mail at the following address: vpc@jaillance.com, or by post at the following address: JAILLANCE SA, BP 79, avenue de la Clairette 26 150 DIE
The personal data collected by JAILLANCE are necessary for the processing of orders and may be communicated to third parties, unless the customer notifies JAILLANCE otherwise.
In accordance with the French Data Protection Act of January 6, 1978, amended in 2004, the website www.jaillance.com has been declared to the Commission Nationale Informatique et Libertés and customers have the right to access, rectify, delete or oppose any personal data concerning them.
To do this, the customer simply needs to send a request to JAILLANCE, either by e-mail to the following address or by e-mail to the following address: vpc@jaillance.com, or by post to the following address: JAILLANCE SA, BP 79,355, avenue de la Clairette 26 150 DIE.
Article 9 - Applicable law
The present general conditions of sale and all sales made by JAILLANCE are subject to French law, which will govern any dispute relating to their interpretation, formation and/or execution.
Article 10 - Election of domicile
JAILLANCE is domiciled at the following address: JAILLANCE SA, BP 79, 355, avenue de la Clairette 26 150 DIE and on its website www.jaillance.com.
All correspondence concerning distance selling carried out by JAILLANCE, in particular on the site www.jaillance.comAny claims made by the customer must be sent either by post to the above address, or by e-mail to the following address vpc@jaillance.com.
