General terms and conditions of sale

The present General Terms and Conditions of Sale (GTS) govern the relationship between the Seller (S.C.E.A Charles Joguet) with a capital of 762.65€, registered in the Tours RCS under the number 334 281 342, whose registered office is La Dioterie, 37220 Sazilly and the Customer (consumer or non-professional) located in one of the delivery areas served by the Seller and wishing to make a purchase on the website www.charlesjoguet.com.

The website has been edited by the SCEA Charles Joguet. It is an e-commerce space that offers a remote product ordering service. The access to the space of electronic trade of the www.charlesjoguet.com Internet site implies without reserve the acceptance of the present GCS.

The contract resulting from the Customer's actual order is subject to the regulations governing Distance Selling, as it results from the legislative and regulatory provisions in force in France, and in particular the Consumer Code in force since 1 July 2016, as well as the provisions set out below.

By placing an order on the Site, the Customer certifies that he/she is an adult natural person or a legal entity acting for his/her personal and non-professional needs and thus certifies that he/she is not acting for purposes falling within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He accepts the General Terms and Conditions of Sale of the Site and the author of the offer. He certifies that he has the capacity to contract, and acknowledges having previously read and accepted without restriction the conditions of sale applicable to his purchase (order and delivery) at the time of placing the order.

These General Terms and Conditions of Sale on the Internet shall prevail over all other general or special terms and conditions of the Seller or conditions of purchase not expressly accepted by the Seller. The Special Conditions of Sale are those stated on the screen (prices, conditions and terms appearing in particular in the product sheets, order forms, etc...). The Customer is invited to carefully read the general and special terms and conditions of sale in force prior to any order.

1 PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREAFTER THE "GVC")

1.1 Purpose of the GTC

The present GCS aim to define the contractual relations between the Vendor and the Customer as well as the general and special conditions applicable to any purchase of goods and services made on the site.

These GCS govern and are applicable exclusively to the online sale to consumers and non-professionals of the Vendor's products on the www.charlesjoguet.com website (hereinafter referred to as "the site"), which is freely accessible to any Internet user, except for the restrictions mentioned in article 3 of the GCS.

1.2 Scope of the GTCs

The present GCS exclusively govern the contracts for the online sale of the Vendor's products to purchasers in their capacity as consumers or non-professionals (hereafter, the customer(s)) and constitute, together with the order form, the contractual documents binding on the parties. These GCS do not apply to professionals defined as any natural or legal person, public or private, who acts for purposes falling within the scope of its commercial, industrial, craft, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.

The GCS are exclusively applicable to products delivered to customers established in metropolitan France with the carrier Géodis and worldwide with Chronopost. The GCS, as well as all the information mentioned on the site, are written in French, but with translation in any case into English, and if necessary in the language of the Customer's country.

For remote or off-site orders, the Customer receives in advance, in a readable and comprehensible manner, by paper or e-mail, the pre-contractual information, the GTC and the withdrawal form.
In the case of off-site sales, this information is given by another durable medium other than paper only subject to the Customer's agreement.
Before placing an order, the Customer is invited to read these general terms and conditions of sale carefully.

By placing an order, either by signing the order form, dematerialised or not, which he returns to the Seller's distance selling service, the Customer :

certify that they are a natural person of full age acting for their personal needs, or a legal person not acting for professional purposes or outside the scope of their professional activity ;
certifies having the capacity to contract;
acknowledges having previously taken knowledge of the conditions of sale applicable to its purchase (order and delivery) at the time of placing the order;
declares that it accepts without restriction the terms and conditions of sale, i.e. these GCS, which shall prevail over all other general or special terms and conditions not expressly accepted by the Seller, subject to any accepted or agreed special terms and conditions set out in any medium distinct from the GCS.

These conditions constitute, together with the order form accepted by the Vendor, the contractual documents binding on the parties.
The sending of the order form constitutes a firm and definitive commitment on the part of the Customer, subject to his right of retraction as specified below in article 8.

1.3. Availability, retention and changes to the GTCs

Before the validation of the order and its payment, the Customer ticks a box provided for this purpose by which he declares to have read and accepted the GCS. Next to the checkbox is a link allowing the Customer to download the GTC (and the withdrawal form) in PDF version, and to print them. The storage and reproduction of the GCS are ensured by the Seller in accordance with article 1369-4 of the Civil Code, and those of the contractual stipulations will be ensured in accordance with article 1127-1 of the Civil Code as in force since October 1st, 2016.

The GTC are delivered or sent to the Customer on paper or electronic media in PDF format, allowing him to read, print and store them. They will be sent to him again by transmission, in the same media and formats, in the order confirmation.

The terms and conditions of sale apply to orders made during the entire time they are placed online. The GTC applicable and opposable to the Customer are those in force at the date of the order. The Seller reserves the right to modify the GCS at any time and without notice. However, such modifications shall in no case apply to contracts concluded previously. The GTC will be communicated to the Customer again by transmission in PDF format in the order confirmation e-mail.

LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS

The Customer undertakes to be, in France, 18 years of age or older at the date of the order. If the Customer is domiciled in another country, he undertakes to respect the laws and rules of that country with regard to his legal minority and to have the minimum age required to purchase alcoholic beverages there.

It is recalled that alcohol abuse is dangerous to health.

PRODUCTS

3.1 Product sheets

Each product offered on the Site is the subject of a sheet accessible by clicking on the designation or photograph of the product concerned. This sheet presents the essential characteristics of the product selected in accordance with Article L.111-1 of the French Consumer Code. These indications are intended, without being exhaustive, to inform the Customer as fully as possible about these essential characteristics. These indications may be subject to minor variations and therefore cannot replace the information appearing on the packaging of the delivered product and to which the Customer is invited to refer.

3.2 Photographs and Illustrations

The Customer is informed, subject to his rights, of the possibility of a difference in presentation on delivery resulting from a change in labelling, dressing, packaging (photographs and illustrations) by the producer or supplier, this difference in no way affecting the content and characteristics of the product.

3.3. Promotional benefits

The Customer is informed that the Service does not allow the taking into account of promotional advantages such as, in particular, discount vouchers of any kind to be used on the purchase of a product or for a minimum purchase amount, with the exception of those expressly formulated for the Site and materialized for example by the attribution of a code.

PRIZE

4.1. Sales price

The selling price of the product is that in force on the day of the order, and taking into account the VAT applicable on the day of the order. The sale prices are indicated, for each of the products in the electronic catalogue, in euros including all taxes, but, in accordance with article L.112-3 of the Consumer Code, excluding preparation, transport, delivery, postage or any other possible costs, indicated separately. Delivery and transport costs, invoiced in addition, will be indicated to customers before the validation of the order, in a summary indicating the amount due before they place their order.

In the event of a promotion offered on the site, the Seller undertakes to apply the promotional price to any order placed during the period of the promotion. The total amount due by the Customer is indicated on the order confirmation page. The amount of the order that the Customer will have validated by proceeding to its payment is the final price - all taxes included and including the amount of the delivery costs - and the maximum amount that may be debited to him. This price may nevertheless vary in the event of unavailability of one or more products ordered or in the event of substitution of one or more products ordered if the Customer has accepted it.

4.2 Modification

The Seller reserves the right to modify its prices at any time, without notice, while guaranteeing the Customer the application of the price in force indicated on the Site on the day of the order.

TENDER PERIOD

The online sales offers presented on the site are valid, in the absence of any indication of a particular duration, as long as the products appear in the electronic catalogue. As orders responding to these offers can only be fulfilled within the limits of available stocks in limited quantities according to products, formats and vintages, the Vendor shall be required to inform the Customer without delay in the event of a stock shortage preventing him either from fulfilling the order within 15 days following the conclusion of the contract, or to prevent him from doing so definitively.

In this case, and unless it is agreed between the parties to another delivery period or that of another product of equivalent quality and price whose availability is assured, the Customer, without prejudice to his right to cancel and terminate the contract under the conditions of Article 216-2 of the Consumer Code, will be reimbursed, within fourteen days of their payment at the latest, of the totality of the sums already paid.

ORDER

6.1. Steps for concluding the contract

To place an order, the Customer selects the product and the desired quantities, adds them to his virtual basket by clicking on "Add to basket", the virtual basket appears and allows the customer to modify its contents, to continue shopping by clicking on "Continue shopping" or to validate the basket by going to the payment stage by clicking on "Proceed to payment".

When he clicks on "Proceed to payment" the "Contact details" page appears and allows the customer to choose whether he wishes to retrieve his order from the domain or if he prefers to have his order delivered, his delivery details are then requested in order to calculate the estimated transport costs and his telephone and email details are also requested to ensure that the delivery goes smoothly.

Several shipping methods are offered with the two service providers: Géodis and Chronopost transport.

Once the carrier has been selected, he will be able to validate his information and his order by clicking on "Continue to payment".

He will acknowledge his obligation to pay by clicking on the button "Continue to payment".in accordance with the provisions of art. L.221-14 of the Consumer Code. In accordance with the requirements of this article, the site will clearly and legibly indicate, at the latest at the beginning of the order process, the means of payment accepted and any delivery restrictions.

Before clicking on this button, the Customer has the opportunity to check the details of his order and its total price, to download the GTC and the withdrawal form, and to return to the previous pages to correct any errors or possibly modify his order, if he wishes, before confirming it to express his final acceptance. After confirming the content of his order, the Customer will validate it definitively by his payment. The order will only be definitive once the corresponding price has been paid.

The "Payment" page appears and offers him to pay with his credit card online.

This page will also allow the customer to indicate a "Billing Address" different from the delivery address.

To comply with the provisions of article 1127-2 of the Civil Code, an e-mail acknowledging receipt of the order and payment will be sent, without undue delay, by the Seller. After the conclusion of the contract and at the latest at the time of delivery, in accordance with the provisions of art. L. 221-13 of the French Consumer Code, the Customer will receive, on a durable medium, an e-mail confirming his order and detailing the products ordered, the price including all taxes and delivery costs, as well as the GCS and the withdrawal form.

6.2. Change of order

Any order modification by the Customer after confirmation of his order is subject to acceptance by the Seller. To do so, the Customer must imperatively address his request to the Seller by e-mail or telephone.

6.3. Archiving and evidence

The archiving of communications, order forms and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy that will meet the conditions of article 1379 of the Civil Code. These communications, order forms and invoices may be produced as proof of the contract and its conditions.

6.4 Unavailability of ordered products

As indicated in art. 6, if the products ordered are unavailable on delivery, the Seller shall immediately inform the Customer and may offer the Customer a product of equivalent quality and price. In the event of disagreement, the Customer shall be reimbursed at the latest within fourteen days of payment of the sums paid.

7.PAYMENT

7.1. Timing of payment

The products ordered are payable in full at the time of order and in euros. An invoice expressed in Euros including all taxes will be issued by the Seller and sent to the customer at the billing address indicated. In the event of non-payment or refusal to authorise payment by accredited bodies, the order will be refused.

7.2. Terms and conditions of payment

Payment is made immediately upon ordering by credit card.

7.3. Payment security

Payment by credit card is made via the secure Stripe platform.

WITHDRAWAL

8.1 - Right of withdrawal

In accordance with Art. L. 221-18 et seq. of the French Consumer Code, the Customer may withdraw from the contract concluded with the seller, without giving reasons, within 14 days of receipt of the goods.

For off-premises contracts (Article L.221-1 of the same Code), it may do so within 14 days of the conclusion of the contract.

In the case of an order relating to several products delivered separately, the period runs from receipt of the last one.

To exercise the right of withdrawal, the customer must notify the seller's postal or electronic address (contact@charlesjoguet.com) of his decision to withdraw from the contract by means of an unambiguous written declaration.

The Customer may use the model withdrawal form provided by the Seller but this is not mandatory.

To comply with the withdrawal period, it is sufficient for the Customer to transmit the communication relating to the exercise of this right before the expiry of the period, i.e. no later than 14 days after the day on which the Customer or a third party, other than the carrier and designated by the Customer, takes physical possession of the goods.

However, the Customer does not have a right of withdrawal for the bottle(s) that he has unsealed after delivery for reasons of hygiene and health protection, in accordance with Art. L.221-28, 5° of the Consumer Code, without deprivation of the legal guarantee of conformity.

8.2 - Effects of withdrawal (L.221-23/L.221-24 C. de la Consommation)

The Customer shall return the product(s) to the Seller or his agent, bearing the direct costs of return, or return them to him and return them to his address, without undue delay and, in any event, no later than 14 days after he has communicated his decision to withdraw from the contract of sale, unless the Seller offers to collect the goods himself.

The Customer may be held liable in the event of depreciation of goods resulting from handling other than that necessary to establish the nature and characteristics of such goods.

In the event of the Customer's withdrawal, the Seller shall refund all payments received from the Customer, including delivery costs (except for any additional costs arising from the fact that the Customer has chosen, where applicable, a method of delivery other than the cheaper standard method of delivery offered by the Seller) without undue delay and no later than 14 days from the day on which the Seller is informed of the Customer's decision to withdraw.

Unless the Seller offers to recover the goods himself, he may defer reimbursement until he has received the goods back or until the Customer has provided him with proof of reshipment, whichever is earlier.

The Seller shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means; in any event, this refund shall not incur any costs for the Customer.

DELIVERY

9.1. Place of delivery

The products are delivered to the address indicated by the Customer on the order form. For technical and logistical reasons, the Customer may only be delivered in metropolitan France with the carrier Géodis, but worldwide with Chronopost.

9.2. Delivery time

The Seller undertakes to deliver the products within 15 days (unless otherwise agreed by the parties) after receipt of the order and payment of the corresponding price. For orders paid by cheque, the receipt of payment shall be understood to mean the cashing of the cheque.

9.3. Delay or default in delivery

In the event of the Seller's failure to meet its obligation to deliver the products or upon expiry of the period provided for in Article 10.2, and unless the parties have agreed otherwise, the Customer may terminate the contract under the conditions provided for in Articles L. 216-2 et seq. of the French Consumer Code, without prejudice to any action for compensation for any loss that may have been suffered.

9.4. Terms and conditions of delivery

If the Customer finds on delivery that an item is missing or that the products have suffered damage, he must indicate this in writing on the delivery note.

In order to comply with the provisions of Art. L.133-3 of the C. de Commerce and in order to allow the Seller to assert its rights with the carrier retained in accordance with art. L. 133-1 et seq. of this Code, the Customer must also notify the carrier of any reservations made on the delivery note within 3 days, not including public holidays, following receipt of the products. The address to which the reservations must be notified will be indicated to the Customer in the package.

Failure to comply with these formalities does not deprive the Customer of his right to claim non-conformity of the products, the seller bearing the risk of transport. On the other hand, failure to comply with these formalities shall oblige the Customer to compensate the Seller for any loss suffered as a result of the latter's loss of its recourse against the carrier.

LEGAL GUARANTEE OF CONFORMITY

All products supplied by the Seller benefit from the legal guarantee of conformity provided for in Art. L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code for the benefit of the consumer, and the legal guarantee of hidden defects provided for in articles 1641 et seq. of the Civil Code.

When acting as a legal guarantee of conformity, the consumer :

- shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods. Any lack of conformity which appears within that period is presumed to have existed at the time of delivery, unless proved otherwise in accordance with Art. L. 217-7 of the Consumer Code;

- shall have a period of two years from the date of delivery of the property to act;

- may choose between repairing or replacing the good, subject to certain cost conditions provided for in Articles L. 217-9 et seq. of the French Consumer Code

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may 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, the customer can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

INTELLECTUAL PROPERTY

The Seller is the sole owner of all intellectual property rights, including trademarks, logos, illustrations, images and figurative elements appearing on the products and labels. Their sale does not confer any intellectual property rights to the Customer, nor does it give the Customer the right to use or register them for its own account. The Customer therefore refrains from reproducing the said trademarks, illustrations, images, logos and any other figurative element, in whole or in part and in any form whatsoever.

The Vendor's products, the Vendor's trademarks, as well as all trademarks, whether figurative or not, and more generally all other trademarks, illustrations, images, designs, logos and figurative elements appearing on the products and labels, their accessories and packaging are and will remain the exclusive property of the Vendor.

Any total or partial reproduction, modification or use of these trademarks for any reason whatsoever and in any medium whatsoever, without the express, prior and written consent of the Seller is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo.

PROTECTION OF PERSONAL DATA (RGPD)

Certain personal data is collected from the Customer in order to be able to respond to his requests. If the Customer chooses not to provide them, the request cannot be processed. This data is subject to computer processing necessary to process the order and to manage relations with the Customer. The information relating to all orders is stored and archived for as long as necessary for the proper conduct of business relations in conditions of enhanced security and may serve as evidence in the event of a dispute.

The data collected relating to the delivery of the purchased goods may be communicated to the Seller's partners for the delivery of the purchases. The personal data collected by the Seller may be used in the context of direct marketing operations carried out by mail, email, after prior consent of the Customer. However, the Seller may use this personal data for marketing operations relating to similar products.

Personal data may also be communicated to the Vendor's partner or related companies, but the Customer may expressly oppose such communication for marketing purposes, as soon as it is collected or subsequently by writing to the Vendor by e-mail or to the address of its registered office.

The Customer may exercise his/her right to access, rectify or delete such personal data and object to such data being used for prospecting purposes, in particular for commercial purposes, under the conditions provided for by amended Act 78-17 of January 6, 1978 and by EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. The Customer may request this by e-mail to contact@charlesjoguet.com or by post to the address of the Seller's head office.

DISPUTE SETTLEMENT

For any difficulty or complaint, the Customer is invited to contact beforehand by e-mail or mail :

SCEA Charles Joguet, La Dioterie 37220 Sazilly - Tel. +33(0)2 47 58 55 53 - contact@charlesjoguet.com

Any persistent disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the contract may be submitted to Consumer Mediation.

Every consumer has the right to have recourse to a consumer ombudsman free of charge. (L.612-1 of the C. de la Consommation) with a view to the amicable resolution of the dispute between him and a professional, within one year of his written complaint to the Seller's services.

To this end, the Customer may usefully consult the following websites: - on consumer mediation for France: www.mediation-conso.fr - on cross-border disputes: European Consumer Centre France: www.europe-consommateurs.eu

The Seller offers recourse to the Centre de Médiation et d'Arbitrage de PARIS (CMAP - Service Médiation de la Consommation 39, avenue F.D. Roosevelt, 75008 PARIS, site www.cmap.fr).

The solution proposed by the mediator is not binding on the parties to the contract, and the Customer may in any event have recourse to any other alternative dispute resolution method.

PROPER LAW

The activity of electronic commerce shall be subject to the law of the Member State in whose territory the person carrying on the activity is established, provided that this is the common intention of the parties and in particular of the person to whom the goods are addressed. Any natural or legal person exercising this activity is automatically liable to the Customer for the proper performance of the obligations arising from the contract, whether these obligations are to be performed by itself or by other service providers, without prejudice to its right of recourse against the latter.

The contract of sale and these GCS are subject to French law. However, in the case of customers residing in a Member State other than France, they may not be deprived of the protection afforded to them by the mandatory rules of the legislation of their country of residence. In the absence of amicable settlement, disputes relating to orders placed on the site are under the exclusive jurisdiction of the French courts, notwithstanding plurality of defendants or appeal in warranty.

APPENDIX: MODEL WITHDRAWAL FORM

(Please complete and return the form and your order number only if you wish to withdraw from the contract. We recommend that you also specify your order number).

To the attention of : SCEA Charles Joguet, La Dioterie 37220 Sazilly - Tél. +33(0)2 47 58 55 53 - contact@charlesjoguet.com

I hereby notify you of my withdrawal from the contract for the sale of the property below:
[....................................................... ]
Ordered on [....................................],
Received on [.......................................]
Order number : [...................................................]
Name of the customer(s): [...............................................................]
Customer(s) address: [.........................................................]
Date: [..........................................]
Signature of customer(s)
(Only in case of notification of this form on paper)

13 - LAW APPLICABLE TO THE CONTRACT OF SALE

Charles Joguet - Société Civile d'Exploitation Agricole with capital of €762.25
RCS de Tours n° 334 281 342
TVA intracommunautaire n°FR32334281342
La Dioterie, 37220 Sazilly
Tél : 33(0)2 47 58 55 53 - E-mail : contact@charlesjoguet.com