Legal Notice

SARL Ponty Dezeix et Fils

Company with capital of 90000 euros

3 rue du Port de Fronsac

33126 Fronsac, France

info@vignoblesponty.com

0557512957

RCS Libourne 316581685

Intracommunity VAT FR25 316 581 685

 

GENERAL TERMS AND CONDITIONS OF SALE

 

Effective as of 11/15/2023

 

 

ARTICLE 1 - Scope of application

 

These General Terms and Conditions of Sale (hereinafter "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.vignoblesponty.com. The Products offered for sale on the website are as follows:

 

wines

 

The main characteristics of the Products, and in particular the specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.vignoblesponty.com, which the client is required to consult before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limits of available stocks, as specified when placing the order.

 

These GTC are accessible at any time on the website www.vignoblesponty.com  and will prevail over any other document.

The Client declares to have read these GTC and accepted them by checking the box provided for this purpose before initiating the online order process on the website www.vignoblesponty.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

 

The Seller's contact details are as follows:

Ponty Dezeix et fils, SARL

Share capital of 90000 euros

Registered with the RCS of Libourne, under number 316581685

3 rue du Port de Fronsac 33126 Fronsac

Email: info@vignoblesponty.com

Phone: 0557512957

Intracommunity VAT number FR25 316 581 685

 

ARTICLE 2 - Price

 

The Products are supplied at the current prices listed on the website www.vignoblesponty.com, when the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

Prices take into account any reductions that may be granted by the Seller on the website www.vignoblesponty.com.

These prices are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify prices at any time.

 

Prices do not include processing, shipping, transport and delivery costs, which are billed in addition, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

 

ARTICLE 3 – Orders

 

It is the Client's responsibility to select the Products they wish to order on the www.vignoblesponty.com  website, according to the following procedure:

The Client chooses one or more product(s) and adds them to their cart. They then validate the cart and enter their delivery and payment information. They can choose to create a customer account if they wish. Upon payment validation, the order is confirmed.

 

Product offers are valid as long as they are visible on the website, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the www.vignoblesponty.com website constitutes the formation of a distance contract between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

The Client can track the progress of their order on the website.

 

ARTICLE 4 - Payment conditions

 

Payment is made via a secure payment method, according to the following terms:

• payment by credit card

 

The price is payable in cash by the Client, in full on the day the order is placed.

 

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the www.vignoblesponty.com website.

 

Payments made by the Client will only be considered final after the Seller has effectively collected the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions indicated above.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Client will be delivered in mainland France or in the following zone(s):

Europe.

 

Deliveries take place within 2 to 10 days at the address indicated by the Client during their order on the website.

Delivery consists of the transfer of physical possession or control of the Product to the Client. Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.

 

If the ordered Products have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be cancelled upon written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed to them at the latest within fourteen days following the date of termination of the contract, excluding any compensation or retention.

 

Deliveries are carried out by an independent carrier, to the address indicated by the Client when ordering and to which the carrier can easily access.

When the Client has arranged for a carrier of their own choosing, delivery is deemed to have taken place upon handing over of the ordered Products by the Seller to the carrier who accepted them without reservations. The Client therefore acknowledges that it is up to the carrier to carry out the delivery and has no recourse against the Seller in the event of non-delivery of the transported goods.

 

In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.

The Client is obliged to check the condition of the delivered products. They have a period of #254 Maximum period for... from delivery to formulate complaints by email to info@vignoblesponty.com, accompanied by all relevant supporting documents (including photos). After this period and if these formalities have not been complied with, the Products will be deemed compliant and free from any apparent defect, and no claim will be validly accepted by the Seller.

The Seller will refund or replace, as soon as possible and at its expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided in these GTC.

 

The transfer of risks of loss and deterioration related thereto will only occur when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk, except when the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time the goods are handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the latter, regardless of the delivery date of the said Products.

 

ARTICLE 7 - Right of withdrawal

 

According to Article L221-18 of the Consumer Code "
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good."

The right of withdrawal can be exercised online, using the withdrawal form attached hereto and also available on the website, or any other unambiguous declaration expressing the wish to withdraw, particularly by postal mail addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their re-marketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products will not be accepted for return.

Return shipping costs remain the responsibility of the Client.

Exchange (subject to availability) or refund will be made within 14 days of receipt, by the Seller, of the Products returned by the Client under the conditions set out in this article.

 

ARTICLE 8 - Seller's liability - Warranties

 

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or faulty Products or those not corresponding to the order,
• the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when the latter was carried out by him or under his responsibility in accordance with the contract."

Article L217-5 of the Consumer Code

"The goods conform to the contract if:

1° They are fit for the purpose ordinarily expected of similar goods and, where applicable:

- they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- they exhibit the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or if they present the characteristics defined by mutual agreement by the parties or are suitable for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L217-12 of the Consumer Code

"The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."

Article 1641 of the Civil Code.

"The seller is bound by the warranty against hidden defects in the sold item that render it unfit for its intended use, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, had they known about them."

Article 1648, first paragraph, of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer requests from the seller, during the commercial warranty period granted to them upon acquisition or repair of movable goods, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention."

In order to assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from the moment of their discovery.

The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of proof.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 20 days following the Seller's ascertainment of the defect of conformity or hidden defect. This reimbursement may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country where the products are delivered, which it is the Client's responsibility to check,
• in case of misuse, professional use, negligence or lack of maintenance on the part of the Client, as well as in case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the website are not contractual and cannot engage the Seller's liability.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

 

ARTICLE 9 - Personal data

 

The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

 

9.1 Collection of personal data

The personal data collected on the website www.vignoblesponty.com are as follows:

 

Product Order:

When the Client orders Products:

Telephone number.

 

Payment

As part of the payment for Products offered on the website www.vignoblesponty.com, the latter records financial data relating to the Client's/user's bank account or credit card.

 

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of Products.

The category(ies) of co-contractor(s) is (are):

• Transport providers

 

9.3 Data controller

The data controller is the Seller, as defined by the French Data Protection Act (loi Informatique et libertés) and, from May 25, 2018, by Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

Unless the Client expressly agrees, their personal data will not be used for advertising or marketing purposes.

 

9.5 Data retention period

The Seller will retain the data thus collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.

 

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures for digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.

 

9.7 Exercising the rights of Clients and users

In application of the regulations applicable to personal data, Clients and users of the www.vignoblesponty.com website have the following rights:

• They can update or delete their data as follows:

By logging into their account and deleting their account.

• They can delete their account by writing to the email address indicated in article 9.3 "Data Controller".
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller".
• If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data Controller".
• They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data Controller".
• They can also request the portability of data held by the Seller to another service provider.
• Finally, they can object to the processing of their data by the Seller.

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or E-mail to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In case of refusal to grant the Client's request, this must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Client may be invited to tick a box indicating that they agree to receive informative and advertising emails from the Seller. They will always have the possibility to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual Property

 

The content of the www.vignoblesponty.com website is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an act of counterfeiting.

 

ARTICLE 11 - Applicable law - Language

 

These GTC and the transactions arising from them are governed by and subject to French law.

These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

 

ARTICLE 12 - Disputes

 

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these GTC.

The Client is informed that they can in any event resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute. 

In this case, the appointed mediator is

Mediators of the Federation of Commerce and Distribution

12 rue Euler 75008 Paris

https://mediateur.fcd.fr/

Email: _______________. 

The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale operations concluded in application of these GTC give rise and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

 

Created on https://www.legalplace.fr

APPENDIX I

Withdrawal Form

 

 

Date ______________________

 

This form must be completed and returned only if the Client wishes to withdraw from the order placed on www.vignoblesponty.com, except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of SARL, Ponty Dezeix et fils

3 rue du Port de Fronsac 33126 Fronsac

I hereby notify the withdrawal from the contract for the following good:

-  Order of (indicate date)

-  Order number: ...........................................................

-  Client's Name: ...........................................................................

-  Client's Address: .......................................................................

 

 

Client's Signature (only in case of notification of this form on paper)