General sales conditions

General sales conditions

This website www.buffavent.com is published by GFA du Château de Buffavent, a company registered in the Trade and Companies Register of Villefranche-Tarare under number 316 156 017, whose head office is located at 855 route de Buffavent 69640 Denicé – France, and whose contact details are as follows: “Tel: +33 (0)952 78 50 50; Email: contact@buffavent.com The website www.buffavent.com is an information and e-commerce space which offers a remote product ordering service. Access to the e-commerce space of the www.buffavent.com website implies unreserved acceptance of the following provisions:

Preamble 

These general conditions of sale are concluded on the one hand between GFA du Château de Buffavent, author of the offer and seller, and on the other hand by any adult natural person, or any legal person, non-professional within the meaning of the preamble. of the Consumer Code, located in one of the delivery areas served by the Service and wishing to make a purchase on the site (hereinafter referred to as “the Customer”). They aim to define the contractual relationship between the author of the offer and the Customer, as well as the general and specific conditions applicable to any purchase of goods (order) and services (preparation of order, delivery, etc.) made on the Site. Any order placed by the Customer in this context is carried out by himself for his personal and non-professional needs.

Acceptance of the sales conditions

By placing an order on the Site, the Customer certifies that he is an adult natural person acting for his personal needs, or a legal person acting for non-professional needs, and accepts the General Conditions of Sale of the Site and of the author of the offer. He certifies having 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 conditions include, in order of priority: The General Conditions of Sale These General Conditions of Sale shall prevail over all other general or “special conditions not expressly accepted by the seller.

1. Designation and definition of parties

   The seller : The seller (hereinafter “the seller”) is GFA du Château de Buffavent, a company registered in the Villefranche-Tarare Trade and Companies Register under number 316 156 017, whose registered office is located at 855 route de Buffavent 69640 Denicé – France, and whose contact details are as follows: Tel: +33 “(0)952 78 50 50; Email: contact@buffavent.com” The consumer : “consumer” is considered to be any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, in accordance with the preliminary article of the Consumer Code. The non-professional : Is considered as “non-professional” any legal person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity in accordance with the preliminary article of the Code of the consumption.

2. provisions relating to these general conditions of sales 

   Object of the GSC : These General Conditions govern and are applicable exclusively to the online sale, to consumers and non-professionals, of the products of the selling company on the site www.buffavent.com (hereinafter referred to as “the site”). , access to which is free and open to all Internet users, except for the restrictions mentioned in article 3 of the GCS. Scope of the GSC : These GSC exclusively govern contracts for the online sale of products from the selling company to buyers who are consumers or non-professionals (hereinafter, the customer(s)) and constitute, with the order, the contractual documents binding on the parties. On the other hand, these GCS do not apply to professionals defined as being any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional. The GCS are exclusively applicable to products delivered to customers established in metropolitan France and in the following countries: Germany, Austria, Belgium, Denmark, Spain, Italy, Luxembourg, Netherlands, Portugal. The GSC, as well as all the information mentioned on the site, are written in French. Avaibilities and conservation of the GSC : 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 T&Cs (and the withdrawal form) in PDF version, and to print them. The preservation and reproduction of the GCS are ensured by the seller company 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 1, 2016. Modification of the GSC : The conditions of sale apply to orders made throughout the duration of the online publication. The selling company reserves the right to modify its T&Cs at any time. In the event of modification of the T&Cs, these modifications are however only binding on the customer from the time they are put online, and they cannot in any case apply to contracts concluded prior to the modifications. The GCS applicable and enforceable against the Customer are those in force at the time of the effective validation by the Customer of his order recorded by the Site. The said conditions will be communicated to him again by transmission in PDF format in the order confirmation email.

3. legal information on the sale of alcoholic beverages and protection of minors 

   The customer agrees to be, in France, 18 years of age on the date of the order. If the customer is domiciled in another country, he undertakes to respect the laws and rules of this country regarding his legal minority and to be of the minimum age required to purchase alcoholic beverages there. Alcohol abuse is dangerous for health.

4. products

   The products offered for sale presented in the catalog published on the site are each the subject of a description accessible on the Château de Buffavent site by clicking on each product. Product pages : Each product offered on the Site is the subject of a sheet accessible by clicking on the description or photograph of the product concerned. This sheet, drawn up from the information provided by the producer or supplier of the product, presents the essential characteristics of the product selected in accordance with article L. 111-1 of the Consumer Code. These indications are intended, without being exhaustive, to inform the Customer as completely as possible about these essential characteristics. Mainly containing the information appearing on the labels and packaging which may be modified by the producer or supplier at any time. 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.

5. Price

   Selling prices : 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 selling prices are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, but in accordance with article L.112-3 of the Consumer Code, excluding preparation, transport and delivery costs. , postage or any other possible costs, indicated separately. The delivery and transport costs, invoiced in addition, will be indicated to the customers before the validation of the order, on its summary. In the event of a promotion offered on the site, the selling company undertakes to apply the promotional price to any order placed during the duration of the promotion. The total amount owed 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 delivery costs – and the maximum that may be debited to it. 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. Château de Buffavent reserves the right to modify its prices at any time, without notice, it being understood, however, that the price indicated on the Site on the day of the order will be the only one applicable to the Customer. 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 delivery costs – and the maximum that may be debited to it. 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. Château de Buffavent reserves the right to modify its prices at any time, without notice, it being understood, however, that the price indicated on the Site on the day of the order will be the only one applicable to the Customer. 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 delivery costs – and the maximum that may be debited to it. 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. Château de Buffavent reserves the right to modify its prices at any time, without notice, it being understood, however, that the price indicated on the Site on the day of the order will be the only one applicable to the Customer. 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. Château de Buffavent reserves the right to modify its prices at any time, without notice, it being understood, however, that the price indicated on the Site on the day of the order will be the only one applicable to the Customer. 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. Château de Buffavent reserves the right to modify its prices at any time, without notice, it being understood, however, that the price indicated on the Site on the day of the order will be the only one applicable to the Customer. Modification : The selling company reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order.

6. Duration of the offer

   The online sales offers presented on the site are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog. Orders responding to these offers can only be satisfied within the limits of available stocks due to quantities produced imitated according to products, formats and vintages, the seller will be required to inform the buyer without delay in the event of a stock shortage. Preventing him either from carrying out the order within 15 days following the conclusion of the contract, or preventing him from doing so definitively. In this case, and unless the parties agree on another delivery time or that of another product of equivalent quality and price, the availability of which is guaranteed, the consumer.

7. Order

   Contract conclusion stage : To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the “Order” button, and provides the information relating to the delivery and the method of payment. He will acknowledge his payment obligation by clicking on the “Payment validating Order” button, in accordance with the provisions of art. L.221-14 of the Consumer Code. Before clicking on this button, the customer has the possibility of checking the details of his order and its total price, of downloading the GCS and the withdrawal form, and of returning to the previous pages to correct any errors or possibly modify his order, if desired. After having confirmed the contents of his order, the customer will validate it definitively by his payment. The order will only be final upon payment of the corresponding price. To satisfy the provisions of art. 1127-2 of the Civil Code), an e-mail acknowledging receipt of the order and its payment will be sent, without undue delay, by the selling company. 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 Consumer Code, the customer will receive, on a durable medium, an e-mail confirming his order detailing the products ordered, the price including all taxes and the delivery costs as well as the GCS and the withdrawal form. An e-mail acknowledging receipt of the order and its payment will be sent, without undue delay, by the selling company. 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 Consumer Code, the customer will receive, on a durable medium, an e-mail confirming his order detailing the products ordered, the price including all taxes and the delivery costs as well as the GCS and the withdrawal form. An e-mail acknowledging receipt of the order and its payment will be sent, without undue delay, by the selling company. 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 Consumer Code, the customer will receive, on a durable medium, an e-mail confirming his order detailing the products ordered, the price including all taxes and the delivery costs as well as the GCS and the withdrawal form. Modification of order : Any modification of the order by the customer after confirmation of his order is subject to acceptance by the selling company. Archiving and proof : The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1348 of the Civil Code, a copy which will meet the conditions of art. 1379 of the Civil Code. These communications, purchase orders and invoices can be produced as proof of the contract and its conditions. Unavailability of ordered products : As indicated in art. 6, if the products ordered are unavailable on delivery, the selling company immediately informs the consumer and may offer him a product of equivalent quality and price. In the event of disagreement, the consumer is reimbursed at the latest within fourteen days of payment of the sums paid.

8. Payment

   Time of payment : The products ordered are payable in full with the order and in euros. An invoice expressed in Euros including tax 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 authorize payment from the accredited organisations, the order will be refused. Methods of payment : Payment is made immediately upon ordering by credit card, paypal, paylib or by bank transfer. Payment security : Payment by credit card is made via Crédit Agricole’s secure E-Transactions platform integrated into the www.buffavent.com site. E-Transactions secures transactions in 3D Secure.

9. Withdrawal

   Right of withdrawal : In accordance with and under the conditions of Articles L. 221-18 and following of the Consumer Code, the consumer may withdraw from the contract concluded with the seller, without giving reasons, within fourteen days. This period expires fourteen days after the day on which the customer or a third party, other than the carrier but designated by the customer, takes physical possession of the goods. To exercise the right of withdrawal, the customer must notify the seller company’s electronic or physical address (contact@buffavent.com), as mentioned in article 1.1, of its decision to withdraw from this contract by means of an unambiguous written statement (eg letter sent by post or e-mail). The customer can use the standard model withdrawal form provided by the seller and attached hereto, but this is not mandatory. For the withdrawal period to be respected, it is sufficient that the consumer sends the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. However, the customer does not have the right of withdrawal for the bottle(s) that he has unsealed after their delivery for reasons of hygiene and health protection, in accordance with article L. 221-28 of the Consumer Code. The customer is not deprived of the legal guarantee of conformity (cf. article 11). It is sufficient that the consumer sends the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. However, the customer does not have the right of withdrawal for the bottle(s) that he has unsealed after their delivery for reasons of hygiene and health protection, in accordance with article L. 221-28 of the Consumer Code. The customer is not deprived of the legal guarantee of conformity (cf. article 11). It is sufficient that the consumer sends the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. However, the customer does not have the right of withdrawal for the bottle(s) that he has unsealed after their delivery for reasons of hygiene and health protection, in accordance with article L. 221-28 of the Consumer Code. The customer is not deprived of the legal guarantee of conformity (cf. article 11). Effect of withdrawal : The effects of withdrawal are governed by articles L. 221-23 and L. 221-24 of the Consumer Code. In the event of withdrawal by the customer from the contract concluded, the seller will reimburse all payments received from the customer, including delivery costs (except for additional costs arising from the fact that the customer has chosen, where applicable, a method of delivery other than the less expensive standard delivery method offered by the seller) without undue delay and, in any event, no later than fourteen days from the day on which the seller is informed of the customer’s decision to withdraw, unless the seller offers to recover these goods himself. The seller will make the refund using the same means of payment as the one used by the customer for the initial transaction, unless the latter expressly agrees to a different means; in any case, this reimbursement will not incur any costs for him. The seller may defer reimbursement until he has received the goods or until the customer has provided him with proof of shipment of the goods, the date chosen being that of the first of these events. The customer must return the product(s) to the seller, bearing the direct cost of return, or return them to him and return them to his address, without undue delay and, in any event, no later than fourteen days after he has communicated his decision to withdraw from the sales contract. This deadline is deemed to have been met if the customer returns the product before the expiry of the fourteen-day period.

10. Delivery

    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 can only be delivered in mainland France, Corsica, and in the following countries: Germany, Austria, Belgium, Denmark, Spain, Italy, Luxembourg, Netherlands, Portugal. Delivery times : The selling company undertakes to deliver the products within 15 days after receipt of the order and payment of the price Delay or non-delivery In the event of the seller’s failure to fulfill his obligation to deliver the products or to the 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 and following of the Consumer Code, without prejudice of an action for compensation for any prejudice suffered. Delivery terms : If the customer notices on delivery that an element is missing or that the products have suffered damage, he must indicate this in writing on the delivery note. The customer must also notify the carrier of the reservations made on the delivery note, within 3 days, not including public holidays, following receipt of the products, in order to allow the seller to assert his rights with the carrier selected in accordance with Articles L. 133-1 and L. 133-3 of the Commercial Code. The address to which reservations must be notified will be indicated to the customer by email. Failure to comply with these formalities does not deprive the customer of his right to avail himself of the non-compliance of the products, the seller bearing the cost of transport risks.

11. Legal guarantee of conformity

    All the products supplied by the professional seller benefit from the legal guarantee of conformity provided for in articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code, and the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. When acting as a legal guarantee of conformity, the consumer: is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods. The defects of conformity which appear within this period being presumed to exist at the time of delivery, unless proven otherwise, “in accordance with art. L. 217-7 of the Consumer Code; benefits from a period of two years to act “from the delivery of the property; can choose between the repair or the replacement of the good, subject to “certain cost conditions provided for in articles L. 217-9 et seq. of the Consumer Code. The legal guarantee of conformity applies independently of any commercial guarantee granted. The customer can 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 the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. The customer can 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 the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. The customer can 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 the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

12. Intellectual property

    The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher or the vendor companies, and are protected by copyright, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorization of the publisher and the company holding the rights, expose the offenders to legal proceedings. Personal data : The seller considers that the Customer’s personal data, i.e. first name, last name, postal address, telephone number, e-mail address, payment card number as well as any data communicated on the Site or generated by navigation of the Client constitute confidential data. In accordance with legal obligations, it keeps this information under reinforced security conditions and for limited periods of time, proportional to the purposes for which the Customer communicated it to it. They are only used within the framework of these purposes: more specifically to process the Customer’s orders via the Site, to allow the Customer to benefit from the services offered by this Site, if necessary to send the Customer commercial proposals likely to interest him , or to transmit to the Customer in return the information that he may have requested from the seller by filling in questionnaires or sending e-mail, via the “Contact” section or by any other equivalent section. Certain information requested in the forms is mandatory and is marked with an asterisk; ” if the Customer chooses not to communicate them, the request cannot be processed. Use of personal data : The information collected through the form that the Customer has completed or the use of the Site (browsing and connection data), is necessary to respond to Customer requests, and is intended for the seller responsible for processing, for administrative and commercial management purposes, as well as to its contractual partners who contribute to the provision of the services offered, in particular for the home delivery of the products. They allow the seller to send the Customer, by e-mail, commercial proposals concerning his products and services likely to interest him and this in compliance with the following provisions. The Customer may, at any time, indicate that he no longer wishes to receive such messages, by clicking on the link provided for this purpose, present when sending e-mails or by contacting directly at the address mentioned below. In accordance with the provisions of the modified law of January 6, 1978 relating to data processing, files and modified freedoms, the automated processing of personal data carried out from the Site has been the subject of a declaration. With the National Commission for Computing and Liberties (CNIL). Transmission of personal data : Personal data collected on the Site relating to the delivery of goods purchased on the Site may be communicated to the partners of the GFA du Château de Bufffavent for the delivery of purchases. Exercice of access : Any information, in particular the copy of personal data collected or generated before, during, or following this processing, may be communicated to persons exercising their right of access. A copy of the personal data is delivered free of charge to the Customer, provided that such a request is not manifestly abusive, in particular by its repetitive or systematic nature. The GFA of Château de Buffavent may however take the precaution of verifying the identity of any person requesting access to their personal data or of following up on corrections. The Customer may exercise his right of access, rectification or deletion of his collected data or oppose this data being used for prospecting purposes, in particular commercial, under the conditions provided for by the amended law 78-17 of January 6, 1978 relating to “data processing, files and freedoms” by making the request by telephone at the number of Tel. +33 (0)952 78 50 50, or at the e-mail address contact@buffavent.com, or directly via the “Contact” section of the Site, or by post to: GFA du Château de Buffavent – ​​855 route de Buffavent – 69640 Denice. Information relating to all orders is stored and archived for a period of 10 years and can be used as evidence in the event of a dispute. GFA of Château de Buffavent – ​​855 route de Buffavent – ​​69640 Denicé. Information relating to all orders is stored and archived for a period of 10 years and can be used as evidence in the event of a dispute. GFA of Château de Buffavent – ​​855 route de Buffavent – ​​69640 Denicé. Information relating to all orders is stored and archived for a period of 10 years and can be used as evidence in the event of a dispute.

13. Settlement of disputes

    For any difficulty or complaint, the customer is invited to contact us beforehand either by email in the “Contact” section, or by email or post to GFA du Château de Buffavent – ​​855 route de Buffavent – ​​69640 Denicé. Disputes that persist despite this prior attempt, arising in connection with the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to Consumer Mediation. In accordance with the provisions of art. L. 612-1 of the Consumer Code, in fact, every consumer has the right to have recourse free of charge (except for his costs to be assisted by counsel), to a consumer mediator with a view to the amicable resolution of the dispute. Which opposes him to a professional, this in the year following his written complaint to the services of the seller. The consumer, for this purpose, can usefully consult the following sites: on consumer mediation for France: www.mediation-conso.fr on cross-border disputes: European Consumer Center France: www.europe-consommateurs. Eu In accordance with Article L. 616-2 of the Consumer Code, the Customer is informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from a purchase online by European consumers and then forward the cases received to the competent national mediators: this European platform for out-of-court resolution of online consumer disputes is accessible at the address: http://ec.europa.eu/consumers/odr /. With regard to French customers, and pending the referral of a consumer mediator with the official competence of his branch of commercial activity, the seller proposes recourse to the Center for Mediation and Arbitration of PARIS (CMAP – Consumer Mediation Service 39, avenue FD Roosevelt, 75008 PARIS, site www.cmap.fr). A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any case the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution. And pending the referral of a consumer mediator with the official competence of his branch of commercial activity, the seller proposes recourse to the Center for Mediation and Arbitration of PARIS (CMAP – Consumer Mediation Service 39, avenue FD Roosevelt, 75008 PARIS, website www.cmap.fr). A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any case the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution. And pending the referral of a consumer mediator with the official competence of his branch of commercial activity, the seller proposes recourse to the Center for Mediation and Arbitration of PARIS (CMAP – Consumer Mediation Service 39, avenue FD Roosevelt, 75008 PARIS, website www.cmap.fr). A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any case the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution. Roosevelt, 75008 PARIS, site www.cmap.fr). A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any case the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution. Roosevelt, 75008 PARIS, site www.cmap.fr). A dispute can only be examined, with some exceptions, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any case the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution.

14. Law applicable to the sales contract

    The e-commerce activity is subject to the law of the Member State in whose territory the person exercising it is established, provided that this is the common intention of the parties and in particular of the person receiving the goods. Any natural or legal person carrying out this activity is automatically liable to the buyer for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by itself or by other service providers, without prejudice to his right of recourse against them. The sales contract and these T&Cs are subject to French law. However, in the case of customers residing in a Member State other than France, they cannot be deprived of the protection guaranteed to them by the mandatory rules of the legislation of their country of residence.