1 Description of the seller
The present site www.roulletfransac.fr is published by: The company ETABLISSEMENTS ROULLET -FRANSAC, SAS, with the capital of 28.965,31 euros, whose registered office is located 11 quai des Flamands - 16100 COGNAC and registered with the RCS of ANGOULEME under the number 327 048 054.
Website address: www.roulletfransac.fr
VAT number: FR 383 2704 8054
2 General provisions relating to these general conditions of sale (hereinafter, the GTC)
2.1. Purpose of the Terms
The T & Cs are applicable exclusively to the online sale of wine and spirits trade products on the www.roulletfransac.fr website whose access is free and free to any internet user.
2.2. Field of application of the GTC
The GTC exclusively governs the contracts of sale of the products of the company ETABLISSEMENTS ROULLET FRANSAC to the purchasers having the quality of consumers (hereinafter, the consumers) and constitute with the order form the contractual documents opposable with the parts, with the exclusion of all other documents, prospectuses, catalogs or photographs of products which are only indicative.
The GTC are exclusively applicable to products delivered to consumers established in France and / or in a member country of the European Union.
The GSC are written and all the contractual information mentioned on the site in French.
2.3. Availability and opposability of the GSC
The GSC are made available to consumers on the seller's website where they are directly available.
The GTC are opposable to the consumer who recognizes, by checking a box provided for this purpose, to have known and accepted before ordering.
The validation of the order by its confirmation is worth adhesion by the purchaser with the GSC in force on the day of the order whose conservation and the reproduction are assured by the professional salesman in accordance with article 1369-4 of the Civil Code.
2.4. Modification of the GTC
The professional seller reserves the right to modify its Terms and Conditions at any time.
In case of modification of the GTC, the applicable GTC are those in force on the date of the order, a copy dated to date can be given to the consumer at his request.
2.5. Terms of the GSC
The nullity of a contractual clause does not entail the nullity of the GSC.
The temporary or permanent non-application of one or more clauses of the GTC by the professional seller can not be a waiver of the other terms of the GSC that continue to have effect.
The products offered for sale presented in the catalog published on the site are each the object of a description established by the supplier mentioning their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on its delivery.
The products comply with the requirements in force regarding the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
For products offered for sale in a member country of the European Union
The products comply with the requirements of French law in force at the time of their placing on the market. It is the law of the country of origin which applies to products marketed in the internal market subject to a more protective law in the consumer's country constituting a justified hindrance to intra-Community trade and removing the application of the law of the native country.
4.1. Selling price
The selling prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each product listed in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
In the event of price promotion, the professional seller agrees to apply the promotional price to any order placed during the promotion period.
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
The online sales offers presented on the site are reserved for consumers residing in France and / or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalog and while stocks last.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
6.1. Steps to conclude the contract
To place an order, the consumer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "ADD TO BASKET" button and provides the information relating to the delivery and the payment method.
Before clicking on the tab "PAY NOW BY BANK TRANSFER" or on the tab "PAY BY CARD OR PAYPAL ACCOUNT", the consumer has the opportunity to check the details of his order and his total price and return to the pages to correct any errors or possibly change the order.
The confirmation of the order entails acceptance of the GTCS and forms the contract.
An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Non-compliance by the consumer with the obligations subscribed under these terms and conditions, and in particular in case of fraud or any attempt at fraud, and any incident of payment of the price of an order, may result in the refusal of the order by the company "ETABLISSEMENTS ROULLET FRANSAC"
6.2. Order modification
Any modification of order by the consumer after confirmation of his order is subject to the acceptance of the professional seller.
The professional seller reserves the right to make changes to the ordered product that are related to technical developments under the conditions set out in Article R. 132-2-1, V of the Consumer Code.
6.3. Confirmation of the order
The professional seller reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are consumers.
6.4. Unavailability of ordered products
If the ordered products are unavailable on delivery, the professional seller immediately informs the consumer and can offer him a product of a quality and an equivalent price.
In case of disagreement, the consumer is refunded without delay.
The sales contract is formed at the time of the sending by the consumer of the confirmation of his order.
7.2. Archiving and proof
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code.
These communications, purchase orders and invoices can be produced as proof of the contract.
Upon receipt of the products, the consumer has a withdrawal period of fourteen clear days to return the products delivered without having to justify or pay a penalty, at the following address 11 quai des Flamands - 16100 COGNAC in accordance with the provisions of Article L.121-21 of the French Consumer Code.
Return costs are the responsibility of the consumer.
The right of withdrawal can also be exercised from the placing of order before the delivery of the ordered products.
On the other hand, certain products can not be the object of a right of retraction on the part of the consumer, it is in particular the supply of goods made according to the specifications of the consumer or clearly personalized, of the supply of goods which have have been unsealed by the consumer after delivery and can not be returned for reasons of hygiene or health protection and the supply of goods which, after being delivered and by their nature, are mixed inseparably with other articles.
To return the products, the consumer must first send an email to the professional seller by clicking on the section CONTACT US specifying the number of the order canceled to obtain a return number or by calling the following number: 05.45.82.44.93 or by returning the withdrawal form available at the following address: http://www.roulletfransac.fr/formulaire-retractation.pdf (click on the link to download the form) duly completed and signed at the following address: ETABLISSEMENTS ROULLET -FRANSAC, 11 quai des Flamands - 16100 COGNAC.
In accordance with the provisions of Article L.121-21-3 of the Consumer Code, the consumer must return his product no later than fourteen days after the communication is decided to retract. The consumer must return his product to the following address: ETABLISSEMENTS ROULLET -FRANSAC, 11 quai des Flamands - 16100 COGNAC.
The professional seller undertakes to reimburse the consumer no later than fourteen days after the date on which the right of withdrawal has been exercised, provided that the returned products are in their original packaging, complete with perfect condition and accompanied by the original invoice. However, in accordance with the provisions of paragraph 2 of Article L.121-21-4 of the Consumer Code, this period shall be deferred until the product is recovered by the seller or until the consumer has provided the proof of shipment
The return of products under the responsibility of the consumer, it is his responsibility to make the return in monitoring and recommended with declaration of the value of the product.
The contract can be solved by the consumer in case of:
- delivery of a product that does not comply with the declared characteristics of the product;
- delivery exceeding the deadline fixed in the purchase order for products whose value is greater than 500 euros under the conditions provided for in article 9.1. Terms and Conditions
- price increase not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the consumer may demand the reimbursement of the deposit paid to the order, plus interest at the legal rate in civil matters begin to run at the end of a period of three months from the payment until completion of the sale, without prejudice to the obligation to deliver.
The contract can be solved by the professional seller in case of:
- refusal of the consumer to take delivery;
- non-payment of the price (or price balance) at the time of delivery.
The price is due in full after confirmation of the order.
Excluding sums paid which are refunded in the event of unavailability of the product ordered under the conditions set out in article 6-4 of the GTCS, any amount paid in advance on the price produces interest at the legal rate of interest. expiry of a period of three months from the payment until the delivery of the product or, failing that, the restitution of the amount paid to the order.
Payment is made immediately when ordering via a PAYPAL account. The amount of the purchases will be immediately after the order debited from the PAYPAL account. The payment can also reach the Professional Seller on the RIB / IBAN communicated by the Seller to the consumer upon request. In case of transfer, the starting point of the delivery time will be the receipt by the Professional seller of the transfer on its accounts.
9.1. Delivery time
The professional seller undertakes, in accordance with the delivery deadline indicated on the website for each of the products, to deliver the products within a maximum of 30 days after receipt of order.
9.2. Late delivery
Failing delivery no later than 7 working days after the delivery date indicated or failing this after 30 days following the placing of the order and not due to a case of force majeure may result in the resolution of the sale by the consumer who may waive to his order by registered letter with acknowledgment of receipt, will return the products if they have been delivered and will receive from the seller at the latest within a period of fourteen days the return of his payment, excluding any compensation.
9.3. Terms of delivery
The products are delivered to the address indicated by the consumer on the order form.
Any claim of error of delivery must be made by the consumer to the professional seller on the day of the delivery or the first working day following the delivery at the latest.
Delivery is made by notice of availability.
In case of delivery by post, a delivery note must be signed by the consumer who must check on receipt the conformity and packaging of the product.
In case of deterioration or partial loss of the product, the consumer must imperatively formulate upon receipt of reservations on the delivery note, a duplicate is sent to the professional seller and, within three days of receipt, notify these reserves to the carrier by registered letter with acknowledgment of receipt in accordance with Article L. 133-3 of the French Commercial Code.
9.4. Product conformity
If the product does not comply with the order, the consumer must address a claim to the professional seller to obtain the replacement of the product or possibly the resolution of the sale.
9.5. Unavailability of products
In case of unavailability of the products on delivery, the professional seller may propose, under the conditions set out in article 6-4 of the GTCS, a product equivalent in quality and price.
9.6. Delivery default
The total delivery default leads to the automatic resolution of the sales contract.
10.1. Legal guarantees
All the products supplied by the professional salesman benefit from the legal guarantee of conformity envisaged in articles L. 211-4 to L. 211-14 of the Code of the consumption and the legal guarantee of the hidden defects envisaged in articles 1641 to 1649 of the Code civil.
Under these guarantees, the professional seller agrees, at the consumer's choice, to refund or exchange defective products or not corresponding to his order.
Regardless of the commercial guarantee provided for in the following paragraph, the professional seller remains liable, in accordance with Article L. 211-15 of the Consumer Code, for lack of conformity and hidden defects in the product.
Article L211-4 of the Consumer Code
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
Article L211-5 of the Consumer Code
To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
- correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or a model;
- present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given 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.
10.2. After sales service
The claims made under the guarantees must be sent by registered mail AR to the company ETABLISSEMENTS ROULLET -FRANSAC, 11 quai des Flamands - 16100 COGNAC.
Products must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The consumer will be refunded the return postage no later than fourteen days after receipt of the product by the seller.
10.3. Clauses on guarantees
Exempt or limiting clauses of the rights granted to consumers under the legal warranties, which are deemed unwritten when they are concluded before any claim on his part, are valid when they are concluded after claim under Article L. 211-17 of the Consumer Code.
10.4. Law applicable to guarantees
Cross-border contracts in the internal market
The French law applicable to the contract pursuant to Article 16 of the GTS can not have the effect of depriving the consumer residing in another Member State of the provisions on the guarantees granted to him under his national law pursuant to Directive 99/44. / EC of 25 May 1999 on the sale and guarantees of consumer goods.
The responsibility of the professional seller can not be engaged in case of non-performance or improper performance of the contract due either to the fact of the buyer, the insurmountable and unpredictable of a third party to the contract, or force majeure.
The responsibility of the professional seller can not be held liable for non-compliance of the product with the legislation of the country of the consumer, to whom it belongs to verify if the product is not prohibited for sale in his country.
11.2. Penalty clause
In all cases of non-fulfillment of its obligations by the consumer, the arrhe paid to the order remains acquired to the professional seller as compensation.
12 Clause resolutory
The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with request for acknowledgment of receipt and will be automatically acquired without judicial formality.
13 Intellectual property
The elements reproduced on the present site www.roulletfransac.fr know the photographs, the visuals, the texts, the drawings and the images are the exclusive property of the publisher, are protected by the copyright, the right of the marks and patent law.
Any reproduction and dissemination of these elements, without prior written permission of the publisher, expose offenders to legal action.
14 Personal data
The collection of personal data, their use for the processing of orders and the constitution of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned.
The processing of personal data, which are kept by the publisher for the sole purpose of proper administration of orders and commercial relations, is the subject of a declaration to the Commission Nationale Informatique et Libertés.
The consumer has at any time a right to access, modify, rectify and delete personal data concerning him.
15 Dispute Resolution
Any complaint must be addressed to the consumer service ETABLISSEMENTS ROULLET -FRANSAC, 11 quai des Flamands - 16100 COGNAC
In case of failure of the complaint request to the consumer service or in the absence of response from this service within two months, the consumer may submit the dispute relating to the order form or to these GSCs against him professional salesperson to a mediator who will attempt, with complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
The parties to the contract remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or reject the solution proposed by the mediator.
Cross-border disputes in the internal market
For the amicable resolution of cross-border disputes, the European Commission has published a European consumer complaint form available on the website of the European Consumer Centers EEJ-NET.
When a dispute is brought to the attention of a European Consumer Center, that body sends it to the European Consumer Center of the State of establishment of the professional handling the case.
The procedure ends with an amicable settlement of a mediator or other competent authority.
15.3. - Territorial jurisdiction
For any dispute relating to the purchase order and the present GTCS, the competent court will be that of the defendant's place of residence or that of the actual place of delivery of the product.
For any dispute relating to the purchase order or to these Terms and Conditions, the competent court will, if the consumer is a defendant, that of the place of his domicile.
16 Applicable law
This contract and the GCS governing it are subject to French law except for special provisions for cross-border sales.