the company FAMILLE OTT, NEGOCIANTS EN VIN A SAINT MEDARD EN PROVENCE, société par actions simplifiée with a share capital of €1000, whose registered office is located at 1132 RTE D’ANSOUIS 84240 LA TOUR D’AIGUES, registered in the Avignon Trade and Companies Register under number 517 710 224, represented by Mr. Jean-François OTT, acting and having the necessary powers as President.
I. General Provisions
1.1. These general terms and conditions govern the relationship between the buyer and the vendor in the sale of wine beverages and related goods between the company FAMILLE OTT, NEGOCIANTS EN VIN A SAINT MEDARD EN PROVENCE, a simplified joint stock company with a share capital of 1000 €, whose registered office is located at 1132 RTE D’ANSOUIS 84240 LA TOUR D’AIGUES, registered in the Avignon Trade and Companies Register under number 517 710 224 (the “Vendor”) and its customers (the “Buyer”).
1.2. The Vendor is the company FAMILLE OTT, NEGOCIANTS EN VIN A SAINT MEDARD EN PROVENCE, a simplified joint stock company with a share capital of 1000 €, whose registered office is located at 1132 RTE D’ANSOUIS 84240 LA TOUR D’AIGUES, registered in the Avignon Trade and Companies Register under number 517 710 224 , with the VAT number FR52517710224, and which is engaged the sale of wine beverages and related goods. The contact details for the Vendor are:
- e-mail: firstname.lastname@example.org
1.3. The Buyer is a consumer or entrepreneur (legal entity or natural person). A consumer is any person who, in addition to their business activities or the independent practising of their profession, enters into a contract or otherwise has dealings with the Vendor. An entrepreneur is a person who independently performs a gainful activity on their own account and responsibility in a trade or similar manner with the intention to do so consistently for the purpose of profit. The rights and obligations under these terms and conditions apply to the Buyer (both consumers and entrepreneurs), unless it is stated in these terms and conditions, or if it follows from legislation, that certain rights apply to the Buyer (consumer).
1.4. Legal relations between the Vendor and the Buyer that not expressly regulated by these general terms and conditions are governed by French law.
1.5. The Buyer is aware that, by purchasing products that are in the Vendor’s commercial offer, no rights arise to the use of registered trademarks, trade names, company logos or patents of the Vendors or other companies, unless otherwise agreed in a specific case by a special contract.
II. Protection of personal data
2.1. The Buyer’s personal data are processed and stored by the Vendor in accordance with the French law of January 6, 1978 on data processing and liberties. The users of this site have a right of access, of correction and suppression of the data concerning them, which they can exert near :
Domaine Saint Médard
1132 route d’Ansouis
84240 La Tour d’Aigues
2.2. The rules and principles of personal data protection are contained in the “GDPR” document published on the website of the vendor at: www.saintmedard.eu. The protection of personal data is overseen by the Office for Personal Data Protection.
3.1. The Seller does not have any physical sales outlets. For the purpose of offering goods, it operates an online store at www.saintmedard.eu, which is available 24 hours a day, 7 days a week.
3.2. The Buyer shall purchase the goods from the Seller at the price in effect at the time of the order. The purchase price is in any case indicated for specific products in the online store.
3.3. The Buyer is responsible for the shipping and packaging costs according to the delivery method chosen when ordering the goods. These costs are governed by the prices indicated in article X of these general conditions.
IV. Conclusion of a contract
4.1. A purchase contract is concluded on the basis of the Buyer’s acceptance of the Seller’s offer by ordering products listed on the Seller’s website. Orders may also be placed by telephone.
4.2. Acceptance of an offer with a modification or deviation shall not constitute acceptance of the offer and shall not be legally effective, even if such modification or deviation does not materially alter the terms of the offer.
4.3. Acceptance of unsolicited performance by Buyer shall not constitute acceptance of the offer. In the event of acceptance of unsolicited performance, Buyer shall inform Seller of the existence of such performance.
4.4. Upon completion of the order, the confirmation of the order (conclusion of the purchase contract) will be sent to the Buyer by e-mail. The Buyer’s order is kept by the Seller.
4.5. By accepting the Seller’s offer, the Buyer confirms his agreement with these general conditions.
4.6. Errors made during the input of data before placing an order can only be corrected by the Buyer before the order is sent. After sending the order to the Seller, the Buyer can inform the Seller of these errors by contacting the Seller by e-mail or telephone. Such changes shall only be legally binding on the Seller if the Seller confirms in writing to the Buyer that it understands them.
V. Withdrawal from a contract concluded by the Buyer (consumer)
5.1. In case of a purchase contract with a Buyer who is a consumer, the Buyer has the right to withdraw from a purchase contract concluded at a distance within 14 days of the delivery of the goods which were the subject of the purchase.
5.2. If the Buyer meets all the conditions for withdrawal from a consumer contract concluded at a distance, and if he decides to withdraw within the above-mentioned period, the following conditions must be met:
The Purchaser must send a written notice of withdrawal by registered mail to : FAMILLE OTT, NEGOCIANTS EN VIN A SAINT MEDARD EN PROVENCE, société par actions simplifiée, with a share capital of €1000, whose registered office is located at 1132 RTE D’ANSOUIS 84240 LA TOUR D’AIGUES, registered in the Avignon Trade and Companies Register under the number 517 710 224, or by e-mail to email@example.com with the following text
“I, the undersigned, ___ (name of the buyer) have concluded the contract n°… (order number / invoice) with SAS Famille OTT négociants en vin à Saint Médard en Provence on (date). In accordance with the provisions on consumer contracts concluded at a distance, I hereby unilaterally withdraw from the above contract, request a refund of the amount paid for the goods to the account number ________ and declare that I meet all the legal requirements for this withdrawal from the contract under the current legislation.
The goods must be sent and delivered to the Seller’s address within the contract withdrawal period and must be intact, complete (including accessories, instructions, etc.) and include a copy of the proof of purchase.
5.3. The right of withdrawal from the contract does not apply to goods modified according to the wishes of the Buyer and to other goods that cannot be returned in their original condition prior to purchase.
VI. Rights in the event of defective goods
6.1. The rights and obligations of the contracting parties with respect to claims arising from defective performance are governed by the applicable legal regulations.
6.2. The Buyer’s claims for defective performance are based on the defects present in the goods at the time of receipt by the Buyer.
6.3. The Seller is responsible to the Buyer for ensuring that the goods are free from defects. In particular, Seller shall be liable to Buyer for ensuring that at the time of receipt of the goods by Buyer: (i) the goods have the properties agreed by the parties and, in the absence of agreement, have such properties as described by Seller or the manufacturer, or expected by Buyer, and based on Seller’s advertising, (ii) the goods are supplied in the appropriate quantity, measure or weight, (iii) the goods comply with legal requirements.
6.4. The Buyer shall have no rights in respect of any defect in performance: (i) if the Buyer was aware of a defect before accepting an item, or if the defect was caused by the Buyer, (ii) if the goods are defective due to damage to the goods, (iii) if the goods are not used under the conditions specified in the Seller’s documentation, (iv) due to improper handling or operation, or lack of maintenance of the goods, ( v) due to normal wear and tear of the goods.
6.5. If the defective performance constitutes a material breach of contract, i.e., a breach of such a nature that the Buyer would not have made the purchase had it been aware of it in advance, the Buyer shall be entitled to: (i) obtain replacement of the defective or missing item; (ii) obtain repair of the defective item; (iii) obtain a reasonable discount on the purchase price; (iv) terminate the contract.
6.6. If the defect is repairable, Buyer may request repair or supply of the missing item, or a reasonable discount on the purchase price. If the defect is not repairable and this prevents the proper use of the goods, the Buyer may either withdraw from the contract or demand a reasonable discount on the purchase price.
6.7. If the defective performance constitutes a minor breach of contract, the Buyer shall be entitled to replacement or repair of the goods or to an appropriate discount on the purchase price.
6.8. The Buyer shall inform the Seller of its choice upon notification of the defect, or without undue delay after notification of the defect. Buyer’s choice may not be changed without Seller’s consent. If Buyer fails to report a defect without undue delay following discovery of such defect in the goods, Buyer shall forfeit rights arising from a material breach of contract and may continue to exercise only those rights arising from defects which constitute a minor breach of contract.
VII. Assertion of rights deriving from defective performance
7.1. The Buyer asserts the rights resulting from defective performance with the Seller by registered mail to the address: SAS Famille OTT, 1132 route d’Ansouis, 84240 La Tour d’Aigues or by e-mail to: firstname.lastname@example.org. If the Buyer chooses to obtain the repair of the defective goods, the Buyer must return it to the Seller with a statement asserting his right.
7.2. Claims for defective performance (also called “complaints”) shall be settled without undue delay, and in the case of purchasers who are consumers, at the latest within 30 days from the date of the complaint.
7.3. Each product is accompanied by a sales document and instructions for storage and shelf life. If the goods are not picked up in person, the goods are deemed accepted upon receipt by the carrier.
7.4. In case of positive settlement of the claim, the money is sent by the Seller to the Buyer’s account.
VIII. Consumer dispute resolution
8.1. These GTC and the operations resulting 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 will be deemed authentic in the event of a dispute.
8.2. All disputes to which the purchase and sale operations concluded in application of the present general terms of sale could give rise, concerning both their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
IX. Information about goods
9.1. The information provided on the products offered in the Seller’s online store is for illustration purposes only and may differ slightly from the products delivered.
9.2. The Online Shop shall at all times indicate the current and valid prices of the products offered, including VAT. The price of the goods does not include postage and packaging.
X. Payment terms and reservation of title
10.1. The following payment option is available for the ordered goods: secure payment by VISA, Mastercard.
10.2. The goods remain the property of the seller until their full payment.
XI. Terms of delivery
11.1. Delivery in Metropolitan France only (except DOM TOM). For any shipment in Europe, please contact us.
11.2. The delivery time may vary depending on the distance, from three (3) to thirty (30) days. This depends on the delivery provider (Transvin). SAS Famille OTT is in no way responsible for delays.
By express agreement, SAS OTT Family reserves ownership of the goods delivered until full payment of the invoice, the customer has however from its disposal custody of the products covered by the invoice.
Shipping costs in France *: ten (10) euros per box. For any shipment in Europe, please contact us.
*Outside Corsica: an additional cost may be applied for shipping to Corsica.
11.3 A delay, even important, cannot constitute an acceptable cause, neither of refusal of delivery, nor of action in damages of any kind.
11.4. Upon delivery, in case of missing or damaged packages, reservations must be made on the carrier’s delivery receipt and confirmed by registered letter within three (3) working days to the delivering carrier with a copy to the sender.
Our guarantee is strictly limited to the replacement within a normal period of time or to the reimbursement, at our discretion, of the parts recognized as defective or non-conforming, after examination by us. The possible replacement will not be able to justify a delay or a refusal to pay our invoices. Only the value of the parts recognized as defective or non-conforming may be retained. Any deduction made on our invoices for any reason whatsoever is deductible from our turnover and leads to a proportional reduction in the amount of VAT.
XII. Closing provisions
12.1. These terms and conditions shall form part of any contract between Seller and Buyer effective January 1, 2021.
12.2. The current terms and conditions are available on the Seller’s website.
12.3. Seller reserves the right to change these terms and conditions without notice.