Terms of Sales
Article 1: Definition
1.1 The Website www.cellierdes3collines.com is a space dedicated to communication and sale of products from the wine cooperative cellar “le Cellier des 3 Collines”. By accessing and/or using services of “le Cellier des 3 Collines” Website, you accept these Terms and Conditions of Use, either being a “visitor” (surfing on the site without being connected or registered) or a “member” (user being registered and connected to the site). The word “customer” refers to a visitor or a member.
1.2 Le Celllier des 3 Collines reserves the right to modify at any time the Conditions of Use and invites the user to consult them regularly.
1.3 These General Terms and Conditions of Sale (hereafter G.C.S.) apply to orders sent from the Website www.cellierdes3collines.com. These G.C.S. can be accessed any time on this site. Any order carried out on the Website will be subject to the conditions presented herein.
Article 2: Creation of a customer account
2.1. Only adults can register on the Website. By creating his personal space, the customer guarantees the correctness of the data made with the registration as being over 18 years and not breaking any applicable law. Any profile which does not comply with the above-mentioned conditions will be cancelled without notice from the website.
2.2 Le Cellier des 3 Collines shall be able to cancel any profile or to discontinue the customer access, if he represents a thread for “le Cellier des 3 Collines”, its employees, its commercial partners or its users.
2.3 Le Cellier des 3 Collines shall modify your profile URL if considered as mandatory because of problems with naming or spelling.
2.4 Customer shall anytime put an end to his membership.
2.5 Customer remains solely responsible to preserve the confidentiality of his password, needed to access personal spaces. Customer shall not disclose his user name nor his password, especially to minors. He shall contact as soon as possible” Le Cellier des 3 Collines” services in case of fraudulent use of his account. The customer remains solely responsible for the use of his account.
Article 3: Protection of minors
3.1 In accordance with article L.3342-1 of the Public Health Code, stating that the sale of alcohol to minors is prohibited, account creation and order on https://cellierdes3collines.com/ is restricted to adults over 18 years.
Article 4: Orders and validation
4.1 Any order validated by the customer, independently of the quantity or the product concerned, implies the acceptation of the G.C.S. The G.C.S. applicable are the ones effective on the day of the order validation.
4.2 Unless proved otherwise, data recorded by “Le Cellier des 3 Collines” during the transaction constitute the proof of all the transactions.
4.3 In accordance with the law, orders to private individuals are limited to 90 (ninety) liters (corresponding to 120 bottles of 75 Cl) for still wines and to 60 (sixty) liters (corresponding to 80 bottles of 75 cl) for sparkling wines. In case of a mixed order, the shipping is limited to 90 (ninety) liters (120 bottles of 75 cl).
Article 5: Prices and products
5.1 Product offerings and prices are valid as soon as they are available on the site (except if quoted sold-out).
5.2 All prices displayed during promotional sales are valid only during the promotion period as indicated on the Website, while stocks last.
5.3 Unless otherwise indicated, all prices are in euros (€) all taxes included and excluding postage. A detailed invoice shall be sent after each order and attached to the package. This invoice is expressed in euros (€) all taxes included.
Article 5: Payment
5.1 Regardless of the payment method chosen by the customer, the order will be considered as valid only after receipt of payment.
5.2 Payment can be done by Paypal, bank transfer or bank cheque. For any order exceeding your credit-cart limit, you have to contact us directly to set up a bank transfer.
5.3 In case of a payment by bank cheque, your order is set aside for a seven (7) day period and will be processed when the cheque is received and validated. After seven (7) working days, if your cheque has not been received, your order will be cancelled. Only cheques issued by metropolitan French-based banks and cheques issued in the name of the final customer will be accepted. “Le Cellier des 3 Collines” reserves the right to cancel orders paid by a bounced cheque or any cheque not fulfilling the conditions described in the G.C.S.
5.6 Payments are being collected through the online payment terminal of « Le Cellier des 3 Collines », using Paypal solutions.
Article 6: Promotional Codes
6.1 You can use promotional codes for your whole order or for just a part of it, according to the detailed rules of the coupon (list of products, minimum purchase amount, type of products, …). In case of fraudulent use of the promotional code, “Le Cellier des 3 Collines” reserves the right to cancel the related orders.
6.2 In order to use these promotional codes, you should enter the proper information in the corresponding field of the validation page of your order, prior to payment.
Article 7: Shipping
7.1 Customers have the choice of several shipping modes depending on the package delivery mode or on the delivery time.
7.2 In case of an incomplete or incorrect address, when our carrier has to return the products, all additional fees caused by this non-compliance or error shall be fully charged to the final customer.
7.3 Packages are delivered according to the general terms and conditions of the carrier. The carrier shall be held accountable for the goods as soon as he takes care of them. In no way Le Cellier des 3 Collines shall be responsible for any accident occurring during the transportation.
7.4 Depending on the nature of the goods and of the quantities which have been ordered, Le Cellier des 3 Collines reserves the right to select a different carrier, provided prior communication of the general terms and conditions for the transportation of the delivered or ordered products. In this last case, customer shall have the right to cancel his order and shall get a refund of the purchase price, within 30 working days.
7.5 Customers shall have the right to return the delivered products according to the conditions hereinafter defined by the G.C.S.
7.6 Delivery time is given in working days (subject to payment acceptance). Orders are delivered in less than 8 working days in average.
Article 8: Shipping fees calculation
8.1 Shipping fees are charged to customers at current rates when placing the order. Delivery costs will be updated regularly.
8.2 Shipping fees are calculated according to the selected delivery mode (personal address or pickup point), product type, country and home city.
Article 9: Retention of title
9.1 Until full and effective payment, Le Cellier des 3 Collines shall remain responsible for online sale organization from its site. Full payment involves transfer of ownership, but the customer shall be responsible for the products on delivery, transfer of ownership implying transfer of risks.
9.2 If the products price is not fully paid at the agreed deadline, Le Cellier des 3 Collines shall cancel the sale at expense and risk of the client.
Article 10: Customer service, withdrawal and goods return
Article 10.1 Non-compliant products, errors in the order content
10.1.1 Any return request of a product based on an « error » shall imply a return request sent to the customer service, within no more than seven (7) working days from the date of reception by the customer. When opening a return procedure, the customer shall send a precise written description, along with a copy of the invoice.
10.1.2. Products being considered as an “error” in the order shall be replaced with identical products or shall be refunded if not available.
10.1.3 Return fees shall be charged to the customer and shall be refunded by Le Cellier des 3 Collines upon presentation of proof. The customer who returns a defective product shall keep the proof of the return. This proof of sending shall be either the receipt of the Post Office, or a document provided by the carrier responsible for the return. No other mode of proof shall be accepted.
Article 10.2 Non-compliant products, defective products
10.2.1 Any return request of a product based on its “defective” nature shall imply a return request sent to the customer service, within no more than seven (7) working days from the date of reception by the customer. When opening a return procedure, the customer shall send a precise written description, along with photos of the defects related to the product received.
10.2.2 Products considered or identified by the customer as being defective shall be replaced by identical products or, if not available, shall be refunded. The replacement or the refunding will however be effective only after examination of the defective product by le Cellier des 3 Collines. If the defect is considered by our services as resulting from an improper use of the product, from an incorrect handling or from the modification of the initial characteristics of the product by the end user, the product shall not be exchanged nor refunded and shall not give rise to compensation. Le Cellier des 3 Collines reserves the right to reverse its decision on an exchange, a credit or a refunding if the description of the defect provided by the customer is not consistent with what has been observed or if the product failure is due to the client. he customer has the right to refuse the exchange of a defective product with an identical product. In this case, Le Cellier des 3 Collines shall refund the customer with an amount equal to the purchase price including the shipping fees paid with the order.
10.2.3 When a defective product cannot be replaced by an identical product or of equivalent quality and price, Le Cellier des 3 Collines shall refund the customer with an amount equal to the purchase price including the shipping fees paid with the order.
10.2.4 Defective products to be returned have to be sent back in the original packaging, along with the defective or damaged parts and with a legible copy of the invoice. Upon receipt, Le Cellier des 3 Collines may undertake the necessary checks if there is a doubt on the conformity of the products returned with the invoice and the return number.
10.2.5 Return fees shall be charged to the customer and shall be refunded by Le Cellier des 3 Collines upon presentation of proof. The customer who returns a defective product shall keep the proof of the return. This proof of sending shall be either the receipt of the Post Office, or a document provided by the carrier responsible for the return. No other mode of proof shall be accepted.
10.2.6 If the present return procedure is not correctly followed or if there is a discrepancy between the request and the conditions defined for refunding, credit or product replacement, no action shall be taken on the request and Le Cellier des 3 Collines shall decline all liability in this respect.
Article 10.3 Return of goods
10.3.1 For returning a product, the customer shall contact the customer service of Le Cellier des 3 Collines. Only products following a strict return procedure shall however be accepted. Customers willing to initiate a procedure for any purpose shall notify their requests to Le Cellier des 3 Collines.
10.3.2 Le Cellier des 3 Collines shall notify the customer by email of the acceptation or refusal of exchange, as well as the issuing of a credit or a refund. If there is agreement on an exchange, a credit or a refund, the customer shall return the defective product to the address specified in the answer message. The return number, as defined by Le Cellier des 3 Collines, must be visibly and legibly displayed on the packaging.
10.3.3 Le Cellier des 3 Collines may undertake the necessary checks if there is a doubt on the conformity of the products returned with the invoice and the return number.
10.3.4 Return fees shall be charged to Le Cellier des 3 Collines and shall be refunded to the customer upon presentation of proof. The refund of return fees can be refused in the event of repeated withdrawal requests. The customer who returns a defective product shall keep the proof of the return. This proof of sending shall be either the receipt of the Post Office, or a document provided by the carrier responsible for the return. No other mode of proof shall be accepted.
10.3.5 If the present return procedure is not correctly followed or if there is a discrepancy between the request and the conditions defined for refunding, credit or product replacement, no action shall be taken on the request and Le Cellier des 3 Collines shall decline all liability in this respect.
Article 10.4 Right of withdrawal
10.4.1 In accordance with articles L121-16, L121-19 and L121-20 and article L121-20-1 of the French Consumer Code, products can be returned within seven (7) working days from the date of delivery to the customer. At the end of this time the right of withdrawal shall become null and void. Products shall be shipped back according to the return procedure described in article 10.3. Le Cellier des 3 Colllines shall proceed with the refund or, if the customer agrees, with an exchange (article L121-20-1).
10.4.2 Any credit required by the customer shall be subject to the whole G.C.S. A credit shall be issued only if the customer has previously returned the product subject to the withdrawal right, while following the conditions for return as described in article 10.3
10.4.3. The customer who exercises his right of withdrawal shall keep the proof of the return. This proof of sending shall be either the receipt of the Post Office, or a document provided by the carrier responsible for the return. No other mode of proof shall be accepted.
10.4.4 Products to be returned have to be sent back in their original packaging, undamaged, clean and complete (compliant to resale, unmodified) along with a legible copy of the invoice.
Article 10.5 Refund conditions
10.5.1 When the product return is accepted by Le Cellier des 3 Collines in the conditions described in these G.C.S., refund of the returned products shall be carried out within thirty (30) days, starting from the date when the right is exercised. This refund shall not give rise to any interest payment, except if it takes place beyond a thirty (30) days period and if this delay is exclusively imputable to Le Cellier des 3 Collines.
10.5.2 This refund shall be carried out in cash and shall be credited to the bank account from which Le Cellier des 3 Collines has received the payment.
Article 10.6 Customer Service
Le Cellier des 3 Collines Customer Service can be reached:
By email: firstname.lastname@example.org
By phone 04 94 39 61 09, Monday to Friday, from 10 am to 5.30 pm
By post, to contact us or to send a package back
Le Cellier des 3 Collines
Rond-Point de Michelage
Route de Draguignan
Article 11 Responsibilities
11.1 All the products sold by Le Cellier des 3 Collines are completely described online so that the customer has access to all the necessary information before his purchase. Before any purchase, the customer is free to contact the customer service and ask any question about the selected product.
11.2 In accordance with the French law, Le Cellier des 3 Collines shall be held accountable towards its clients exclusively for any proven fault which has caused harm while fulfilling its contractual obligations. Le Cellier des 3 Collines shall not be held responsible however for any indirect damage, such as listed hereafter, for whatever cause: economic loss such as shortfall, loss of expected savings, cancellation fees, loss of image, expected profit, expected opportunities. Le Cellier des 3 Collines shall not be held responsible for any password with a too weak security level, for errors, for unavailability of data or tools or for computer virus on its Website.
Article 12 Applicable law and dispute resolution
12.1 These G.C.S. and the associated operations are governed by French law.
12.2 Any user of the Website is invited to be aware of the applicable legislation in his country, in particular concerning any provision of these terms which could be unlawful.
12.3 In case of any dispute about the interpretation or the execution of these G.C.S. and G.C.U., the Parties agree to seek an amicable solution. Where no amicable solution can be found, any dispute shall be referred exclusively to the French Courts.