DE PEYRAT is a SARL registered in the Béziers Trade and Companies Register under number 529 070 138, whose head office is located Domaine de Peyrat - Route de Roujan - 34120 Tourbes hereinafter referred to as “DE PEYRAT”
VAT number: FR08529070138
Tel: 04 67 38 08 43
Article 1: object
These General Conditions of Sale (hereinafter referred to as “CGV”) define the rights and obligations of the parties in connection with the sale of products by DE PEYRAT via its website www.depeyrat.com (hereinafter referred to as the “Site” ) to any adult natural person having the quality of consumers, therefore excluding any purchase for resale (hereinafter referred to as the "Customer").
Any sale of wine made by DE PEYRAT is therefore governed by these GTC. Consequently, the fact that the Customer places an order on the Site implies unreserved acceptance by the Customer of these GTC.
The CGV exclusively govern the online sales contracts to consumers and constitute with the online order the contractual documents enforceable against the parties, to the exclusion of all other documents, such as prospectuses, emailing, catalogs or photographs of products that have not only an indicative value.
By placing an order on the Site, the Customer undertakes to be over 18 years old and to have the legal capacity to conclude this contract on the date of the order, it being recalled that in accordance with article L. 3342-1 of the Code of Public Health and Ordinance No. 59-107 of January 7, 1959 and Law No. 74-631 of July 5, 1974, the sale and supply of alcoholic beverages to minors and assimilated are prohibited. The Customer also undertakes that his order is not intended for the consumption of minors.
Article 2. Modification
DE PEYRAT reserves the right to modify these GTCs at any time. All orders placed are subject to the GTCS listed online on the day of the order.
Article 3. Products offered for sale
The products offered for sale are those listed on the Site. Each product is accompanied by a description and one or more photographs, which are not contractual.
DE PEYRAT undertakes to supply the product ordered by the Customer within the limits of available stocks.
Considering the rare nature of certain products subject to climatic hazards, DE PEYRAT reserves the right to apply restrictions on the quantities available.
The displayed products available when ordering, may sometimes no longer be available when DE PEYRAT processes it, despite the regular updating of the product database. DE PEYRAT will not be responsible in case of unavailability of products or out of stock.
If the products can be replenished, DE PEYRAT will inform the Customer thereof by any means and the products will be dispatched as soon as they come into stock. In this case, the delivery times provided for in article 7.3 will apply from the time of replenishment.
If the products cannot be restocked, DE PEYRAT will inform the Customer by any means, and will offer him an equivalent product. The Customer may then either accept the proposal or refuse it and request reimbursement of the entire order. Where applicable, a full refund or payment of the difference between the unavailable product and the replacement product will be made by the same means of payment initially used.
Article 4. Price
The prices are expressed in Euros, all taxes included, excluding delivery, transport and customs taxes. These costs will be mentioned, if necessary, before validation of the order and invoiced in addition.
DE PEYRAT reserves the right to modify its prices at any time. The price applicable to the Customer will be the price appearing on the Site on the day of the order.
Article 5. Order
5.1 Order process
During the order process, the Customer may view, at any time, the details and the total amount of his order, and correct any errors, before confirming it in order to express his acceptance. Only the Customer is responsible for errors made during the ordering process.
5.2 Terms of the order
By placing an order, the Customer expressly accepts the prices, product descriptions and the GTC.
Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of DE PEYRAT.
By placing an order on the Site, the Customer expressly waives the benefit of article 1587 of the Civil Code, according to which the sale of wine is only concluded definitively after tasting and approval by the buyer.
DE PEYRAT reserves the right to refuse or cancel an order:
- if the quantities of products ordered are abnormally high for buyers having the quality of consumers;
- a Customer who does not have the capacity to contract in accordance with article 1 of these GTC;
- a Customer with whom a payment incident previously existed.
5.3 Cancellation of an order
To be taken into consideration, any request for cancellation of an order must be made before the shipment of products by DE PEYRAT, by telephone or e-mail, specifying the name, first name, amount and order number .
Article 6. Terms and conditions of payment of the order
The Customer must make the payment immediately when ordering by: Carte Bleue, Visa, Mastercard, Paypal. For any other means of payment, the Customer must contact DE PEYRAT directly.
The Customer guarantees DE PEYRAT that he has sufficient funds to cover the amount of the order and the authorizations necessary for the use of the bank card used.
Failure to pay by the due date automatically results in a DELAY PENALTY. The legal interest rate for sales to individuals, in accordance with Decree No. 2014-1115, was 4.16% in the first half of 2017.
Article 7. Delivery of products
7.1 Delivery address
The products ordered are delivered to the address indicated by the Customer when ordering on the Site.
In the event that the products are returned to DE PEYRAT on the grounds of an incomplete address or false address, DE PEYRAT will contact the Customer to inform them and request additional information or a new delivery address. The starting point for the new delivery period will start to run upon receipt of information concerning the new address and the costs of this reshipment will be borne by the Customer. In no case DE PEYRAT can not be responsible for the impossibility of delivering the products in the right place and time.
7.2 Transport and reception of products
The products are insured by DE PEYRAT during their transport and travel at their own risk.
It is up to the Customer to check the condition of the packaging as well as the nature, condition, quantity, quality of the products and more generally the conformity of the products delivered with the content of the order concerned and to make all necessary observations in breakage, damage or missing items by clearly expressing reservations on the delivery receipt. The signature of the delivery receipt without reservation will imply acceptance of the Customer.
Before signing the delivery receipt, in the event of an anomaly noted, the Customer must refuse the delivery. The carrier will inform DE PEYRAT who undertakes to return to the Customer, as soon as possible, an identical product. Subject to the declaration by DE PEYRAT of the merits of the refusal of delivery by the Customer, DE PEYRAT will bear the costs of re-shipment. The Customer cannot demand reimbursement of the product and delivery costs.
After signing the delivery receipt, in the event of an anomaly noted by the Customer, he will be required to inform DE PEYRAT and the carrier by registered letter with acknowledgment of receipt within 24 hours after delivery.
From delivery, DE PEYRAT can not be held liable for the risk of loss, deterioration of the products or damage that the Customer may cause on them.
7.3 delivery time
The Customer's order will be dispatched within a maximum of 4 working days from receipt of payment, provided that the products ordered are available.
In any event, the order will be delivered within 30 days maximum provided that the delivery address is complete and accurate and that the telephone number is valid.
In the event of non-compliance with this delivery time by DE PEYRAT the Customer has the option of ordering DE PEYRAT to make the delivery within a reasonable additional time, by registered letter with acknowledgment of receipt.
It is only if DE PEYRAT has not performed within this period that the Customer has the possibility of terminating the contract, according to the same terms.
In the event of non-compliance with the delivery time by DE PEYRAT, the latter will in no case be liable for the indirect damage that the Customer would come to invoke. This indirect damage is understood in particular by any loss of income, profits, interests or markets, and any loss linked to the inability to use all or part of the shipment.
7.4 Force majeure and fortuitous events
It is reminded that force majeure or fortuitous event releases - temporarily or permanently - DE PEYRAT from any delivery commitment and this without compensation for the benefit of the Customer. Therefore, DE PEYRAT cannot be held responsible for delays, losses, damage, quality degradation, errors or failure to deliver.
All such events or causes outside DE PEYRAT's will arise from such a situation, hindering or stopping the supplies or deliveries of DE PEYRAT or those of its service providers or subcontractors, and preventing DE PEYRAT in good faith from carrying out the delivery of the products subject to the order.
Article 8. Liability
DE PEYRAT is responsible for supplying products that comply with current regulations and the characteristics advertised on the Site.
DE PEYRAT cannot be held liable in the event of incomplete or incorrect entry by the Customer, in the event of stock shortage or product unavailability, in the event of indirect damage linked to non-compliance with the delivery time, or for all the situations provided for in article 7.4 and in general all events outside the control of DE PEYRAT not allowing the proper execution of the order.
Article 9. Retention of title clause
It is expressly agreed between the parties that the goods remain the property of the seller until full and perfect payment in accordance with Law No. 80.335 of 12 May 1980. The transfer of property to the buyer will take place from the day of full payment of the price. Notwithstanding the foregoing, the Customer will, upon receipt of the goods, be entirely responsible for them in respect of any risk.
Article 10. Right of withdrawal
10.1 Exercise of the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, as a consumer, the Customer may exercise his right of withdrawal within fourteen (14) days from receipt of the products ordered. The Customer does not have to justify reasons and will not suffer any penalty.
To exercise this right of withdrawal, the Customer must notify his intention to retract, before the expiration of the withdrawal period, by means of an unambiguous declaration via:
- a letter with his name, address and possibly his telephone number and email address sent to the address: Domaine de Peyrat - Route de Roujan - 34120 Pézenas (as evidenced by the post office)
- an e-mail containing his name, address and possibly his telephone number and his e-mail address sent to the address (the date of sending being proof): email@example.com
10.2 Return methods
The Customer undertakes, within fourteen (14) days of sending his decision to withdraw, to return the products, in their original condition and packaging, in perfect condition for resale, to the address next: Domaine de Peyrat - Route de Roujan - 34120 Pézenas.
The transport of returned products is the responsibility of the Customer, who will have to choose a suitable method of forwarding.
The return costs will be charged to the Customer. DE PEYRAT will reimburse the Customer for the full price paid including the delivery costs (corresponding to the least expensive standard adapted delivery method), as soon as possible and at the latest within fourteen (14) days from the date on which DE PEYRAT will have been informed of the Client's decision to withdraw.
In accordance with article L.221-24 of the Consumer Code, DE PEYRAT may defer reimbursement until receipt of the product (s).
It is recalled that the responsibility of the Customer, in the event of withdrawal after use of the product (s), is engaged with regard to the depreciation of the product (s) resulting from manipulations other than those necessary to establish the nature, characteristics and good operation of this or these products. According to the European Commission, these manipulations are those that a consumer can perform in a store, for the goods offered there for sale.
Article 11. Guarantees
DE PEYRAT is bound towards its Customers by the legal guarantee of conformity mentioned in articles L. 217-4 and following of the Consumer Code and that relating to the defects of the thing sold, under the conditions provided for in articles 1641 et seq. of the Civil Code.
In the event of non-conformity of the products, the Customer is invited to contact DE PEYRAT (by mail, email or telephone) who will ensure their care by indicating the methods of return, replacement or refund.
The Customer has two non-cumulative choices:
When acting as a legal guarantee of conformity, the Customer:
- can choose between replacing the product, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
- if the replacement of the product is impossible, if the solution requested by the Customer has not been implemented within one month or if this solution cannot be implemented without major inconvenience for the latter given the nature of the good and the use he is looking for, the Customer may obtain a refund against delivery of the object or a reduction in the price in the event that he wishes to keep it. The cancellation of the sale cannot however be pronounced if the lack of conformity is minor.
On the other hand, the Customer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.
In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Proof of the absence of a defect may be reported, in particular after tasting by the oenologists of DE PEYRAT.
The legal texts concerning the existence, the conditions of implementation and the content of the legal guarantee of conformity are reproduced below:
Article L.217-4 of the Consumer Code:
“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility ”.
Article L.217-5 of the Consumer Code:
"The goods comply with the contract:
1° If it is suitable for the use normally expected of similar goods and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ”.
Article L.217-12 of the Consumer Code:
"The action resulting from the lack of conformity lapses two years after delivery of the goods".
The legal texts concerning the existence, the conditions of implementation and the content of the guarantee against hidden defects of the thing sold are reproduced below:
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use, that the buyer would not have acquired it, or n 'would have given them a lower price, if he had known them'.
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect".
Article 2232 of the Civil Code:
"The postponement of the starting point, the suspension or the interruption of the prescription cannot have the effect of bringing the period of the extinctive prescription beyond twenty years from the day of the birth of the right".
Article 12. Personal data - Right of access, rectification and deletion
The information collected on the Site is subject to computer processing intended for the proper functioning of the service and in particular for the processing of orders, the constitution of customer files and their distribution to third parties responsible for the execution and payment of orders.
In accordance with the amended "Data Protection Act" of January 6, 1978, the Customer has the right to access, rectify and delete information concerning him at any time with DE PEYRAT.
The Customer can exercise this right by contacting DE PEYRAT by mail (Domaine de Peyrat - Route de Roujan - 34120 Pézenas) or by email (firstname.lastname@example.org).
Proof of identity may be requested from the Customer for any request.
If the Customer does not want the contact details concerning him to be re-used for commercial purposes and / or transmitted to third parties, he is invited to inform DE PEYRAT by post or e-mail at the addresses indicated above.
Article 13. Cookies
Article 14. Intellectual property
Are protected by intellectual property rights belonging to DE PEYRAT, all elements (database, graphics, texts, photographs, etc.) of the Site.
No reproduction (other than that for strictly private use) of any of the elements of the Site, or any hypertext link to the Site, may take place without the express prior authorisation of DE PEYRAT.
Article 15. Alcohol abuse
Alcohol abuse is dangerous for health. Know how to consume and appreciate in moderation.
Article 16. Applicable law
These T & Cs are subject to French law.
Article 17. Settlement of disputes
In the event of a dispute over the interpretation, execution or validity of these T & Cs, we invite the Customer to seek an amicable solution by contacting our Customer Service beforehand by sending him a letter at the following address Domaine de Peyrat - Route de Roujan - 34120 Pézenas or an e-mail to the following address (email@example.com).
If this complaint relates to a product, it must, within this period, be kept in its original condition or packaging so that any complaint can be taken into account.
Article 18. Translation
These Terms and Conditions were written in French and have been the subject of a translation. It is agreed that in case of difficulty of interpretation, the French version will prevail.