General terms and conditions of sale
The company LES VINS GEORGES DUBOEUF, with a capital of EUR 793,440, whose registered office is located at 208 rue de Lancié, 71570 ROMANECHE THORINS and registered under the number 686 450 248 00014, trades in wines. It operates the http://www.duboeuf.com website (hereinafter the “Site”).
The general conditions of sale detailed below, govern the contractual relations between any user of the site http://www.duboeuf.com (hereafter the “user” or the “customer”) and LES VINS GEORGES DUBOEUF.
1. Legal notice
DUBOEUF.COM is a website of the company LES VINS GEORGES DUBOEUF S.A.
Address : 208, rue de Lancié – 71570 ROMANECHE-THORINS
Tel: 03 85 35 34 20
Contact : firstname.lastname@example.org
SA with a capital of : 793 440 €
RCS 686 450 248 MACON 71000
INTRACOMMUNITY VAT number : FR 76 686 450 248
Site declared to the C.N.I.L. and registered under the number XXXXXXX.
The site is hosted by : Almarena IT – 15 Quai du Commerce 69009 Lyon
The online sale of Products on the Site is exclusively reserved for consumers (within the meaning of the Consumer Code in force on the day the order is validated by the Customer, i.e., on the day these GTC are drafted, “any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, handicraft, liberal or agricultural activity”), acting exclusively for their own account and domiciled in metropolitan France. Translated with www.DeepL.com/Translator (free version)
The general conditions fix the technical, legal and ﬁnancial conditions under which the user may order the products available on the present site. In accordance with the provisions of Articles 1125 and 1127-1 of the Civil Code, they are permanently accessible and reproducible from the site via the hypertext link “general terms of sale”.
These general conditions of sale are the only ones applicable and replace all other conditions, except prior, express and written exemption. The company LES VINS GEORGES DUBOEUF can be punctually brought to modiﬁer some of the provisions of its general conditions, also it is necessary that these are reread before each visit of the site. These modiﬁcations are enforceable as of their posting on line and cannot apply to contracts concluded previously.
Each purchase on the site is governed by the general conditions applicable on the date of the order. Any order eﬀected on the present site implies the user’s unreserved acceptance of these general terms and conditions of sale in their entirety. In this regard, with each order on the Site, the Customer shall confirm his acceptance of the GTCs and have accepted them by checking the box “I have read the general conditions of sale and I adhere to them without reservation” provided for this purpose before the validation of his order.
The Customer declares that he/she has read the present General Terms and Conditions of Sale, which can be freely consulted on the Site, before placing his/her order and that he/she has received the necessary advice and information in accordance with the provisions of articles L111-1 to L111-7 of the Consumer Code.
3.1 Capacity to contract
The Customer declares on his honor to have the capacity to contract in accordance with the law and in particular with articles 425 and 1146 of the Civil Code, not to be a minor and not to be the subject of a protection measure, in particular guardianship.
The Customer undertakes, by validating the check box provided for this eﬀet, to be at least 18 years old on the date of the order.
3.2 Account creation
To place an order, the customer must have an active account. The creation of an account can be done online at any time, from the tab “Become a member” or during the validation of his basket. When creating an account, the customer accepts the entirety of the General Terms and Conditions of Sale by checking the box provided for this purpose. The customer recognizes to act within the framework of its particular needs, with the exclusion of any professional activity.
The customer agrees to provide accurate information regarding his identity, address and other data required for access, and to update any changes to this information. The customer is solely responsible for maintaining the confidentiality of his or her access codes.
3.3 How to place an order
The user of the online sales service can place an order by following the procedure below:
– Browse the site and choose products by clicking on the buttons and links provided for this eﬀet, this action allowing to put these products in an electronic “basket”.
– Access the “shopping cart” to check and possibly modify its contents.
– Enter his shipping and billing information
– Validate the whole, possibly modify the information and the order
– Click on the “order” button which links to the online payment system.
– Pay online
The order is placed when the online payment system sends back to our server an acknowledgement of the successful completion of the secure payment transaction. The order is conﬁrmed within 48 hours by e-mail, once it has been verified and accepted. LES VINS GEORGES DUBOEUF will electronically acknowledge receipt of the order that has been sent to it.
The company LES VINS GEORGES DUBOEUF reserves the right to refuse and/or cancel any order that does not comply with these GTC, any order that is abnormal with regard to the quantities ordered or any order placed by a Customer who has made improper claims or returns, or with whom there is a dispute.
4. Product information
The information relating to the essential characteristics of the products is accessible by clicking on each product on the present site. The Customer is required to read this information before placing an order. The company LES VINS GEORGES DUBOEUF reserves the right to modify the content of the information appearing on the Site.
The company LES VINS GEORGES DUBOEUF takes the greatest care and accuracy in the presentation and description of the Products offered on the Site (including photographs and graphics) within the limits of technology, computer equipment used and in compliance with the best market standards. It is however possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts.
Likewise, LES VINS GEORGES DUBOEUF shall not be held liable for slight variations in the representation of the Products and shall not affect the validity of the sale.
5. Product availability
The offers of Products are valid as long as they are visible on the Site, and within the limit of the stocks available of the company LES VINS GEORGES DUBOEUF. The company LES VINS GEORGES DUBOEUF reserves the right to change at any time and without notice the Products offered on the Site.
Given the specificity of the Product, in case of stock shortage of a vintage, the company LES VINS GEORGES DUBOEUF offers you to order another vintage.
In the event that the Product selected on the Site is unavailable without the possibility of ordering another vintage, the Customer will be able to consult the Product sheet but will not be able to click on the “Add to cart” tab to order it.
In case of error or unavailability of Product after placing the order, especially in the case of simultaneous orders of the same Product by several Customers, the company LES VINS GEORGES DUBOEUF will inform the Customer by phone as soon as possible, by offering him :
– or to order another Product, at an equivalent price, presented on the Site as a replacement,
– or to cancel the order. If the Customer chooses to cancel the order, a refund of the price will be made within 14 days of payment using the same payment method used to pay for the order.
The sale prices are indicated in euros (€), all taxes included (TTC) and delivery costs excluded. The VAT applied is 20%. Any change in the rate will be reflected in the prices of the Products after the effective date of the new applicable rate.
All prices are subject to obvious typographical errors and/or computer bugs.
Delivery charges are calculated at the ﬁn of the order and added to the total. Delivery charges are expressly stated prior to the ﬁn of the order placement and payment of the price.
All orders placed oblige the user to pay their price online, according to the payment method deﬁned.
Our prices are free of charge by shipment of 24 bottles minimum, to a single address, in continental France.
Our wines are intended for the private consumption of the buyer, exclusively, and can in no case be resold.
Extra charge for shipping less than 24 bottles
– for 0 to 6 bottles25,00 €uros all taxes included
– for 7 to 12 bottles20,00 €uros all taxes included
– for 13 to 23 bottles10,00 €uros all taxes included
LES VINS GEORGES DUBOEUF reserves the right to modiﬁer its prices at any time. The products ordered will be invoiced at the prices in effect at the time the order is registered. It is expressly agreed between the Parties that in the event of failure by one party to fulfil one or other of its obligations, the provisions of Article 1223 of the Civil Code shall not apply.
7. Processing of the order
The order will be processed within a maximum of 15 days from the day following that on which the collection of the order has been confirmed.
In the event of non-payment or refusal of authorization of payment on behalf of the accredited organizations, LES VINS GEORGES DUBOEUF reserves the right to refuse to honor an order.
LES VINS GEORGES DUBOEUF will keep the property of the ordered goods until the day of their complete payment. An invoice will be established by LES VINS GEORGES DUBOEUF and sent to the Customer at his billing address.
8. Delivery of the order
The wines ordered on this site can only be delivered in Metropolitan France. The order will be delivered to the address indicated by the customer when ordering. An error in the delivery address, place of delivery or any other problem leading to the need to make a new delivery will be invoiced to the Customer at the actual cost of the new delivery, which will be subject to payment of these additional costs.
The delivery of the Products will take place within a maximum of 30 days following the date of placing the order by the user.
In case of strike or any other event of exceptional nature having for effect to slow down or to prevent the delivery of the parcels, the company LES VINS GEORGES DUBOEUF will make its best efforts to inform the Customer of the state of the forwarding of its parcel, but could not be held for person in charge for the delays caused.
Subject to the above and in accordance with the provisions of Article L216-2 of the Consumer Code, the Customer may cancel the contract in the event of non-compliance with the delivery deadline indicated, by registered letter with acknowledgement of receipt or in writing on another durable medium, provided that the Customer has made a prior request to the company LES VINS GEORGES DUBOEUF to carry out the delivery within a reasonable additional time by registered letter with acknowledgement of receipt
The Customer will then be reimbursed within fourteen (14) days from the date of denunciation of the contract (receipt of the second registered letter by the company LES VINS GEORGES DUBOEUF) in accordance with the provisions of Article L216-3 of the Consumer Code.
LES VINS GEORGES DUBOEUF cannot be held responsible for the non-execution or the bad execution of the contract if it is attributable to the customer or to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined in article 14 below.
The handover of the goods shall be eﬀected against signature by the customer or his representative of the delivery note.
Whatever the date of transfer of ownership and in accordance with Article L216-4 of the French Consumer Code, the transfer of the risks of loss and deterioration of the Products will only take place when the Customer takes physical possession of the Products.
Upon receipt of the order by the user, the user must verify the conformity of the delivered products with his order and indicate, directly on the delivery slip and in handwritten form any reservations accompanied by his signature and any anomaly concerning them. Thus, the Customer undertakes to check carefully, at the time of delivery, the number of Products delivered, the good condition of the packaging and the absence of any transport damage.
Without prejudice to the applicable legal guarantees, the user must address any reserves for shortages or damage within 3 days of receipt of the order by mail to LES VINS GEORGES DUBOEUF – For the attention of Service commercial France 208, rue de Lancié – 71570 ROMANECHE THORINS or by e-mail to email@example.com, accompanied by a copy of the signed delivery note.
LES VINS GEORGES DUBOEUF will replace or reimburse, as soon as possible and at its own expense, any Product(s) that has/have been delivered and for which the Customer has provided proof of conformity, visible or hidden defects, in accordance with the provisions of Article 10 below.
10. Legal guarantee
The Products benefit from the legal guarantee of conformity provided by articles L217-4 and following of the Consumer Code and the guarantee of hidden defects provided by articles 1641 and following of the Civil Code.
When acting on the basis of the legal guarantee of conformity, it is recalled that the customer :
– Has a period of two years from the delivery of the property to act;
– May choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
– Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
Subject to the above, any return of a Product by the Customer is subject to the prior agreement of the company LES VINS GEORGES DUBOEUF, which will be able to obtain on request any element justifying the complaint of the Customer: details, photographs…
In case of non-conformity of the delivered Product, the Customer can ask the company LES VINS GEORGES DUBOEUF either to repair or to replace the concerned Product. However, LES VINS GEORGES DUBOEUF may refuse the proposed method in favor of the other method, if the Customer’s choice involves a cost that is clearly disproportionate to the other possible method of compliance (Article L. 217-9 paragraph 2 of the Consumer Code).
The procedure to follow is as follows:
– The customer invokes the guarantee of conformity via the form provided or by contacting our customer service department (see the Contacts page for details);
– Our customer service department reviews the request;
– If the reasons for the return are well-founded, the client shall send the Product(s) concerned back to the following address LES VINS GEORGES DUBOEUF – 208, rue de Lancié – 71570 ROMANECHE-THORINS.
Products must be returned in their original condition and complete in the same packaging as they were shipped, accompanied by a copy of the invoice or, failing that, the Customer’s contact details and order number. All costs related to the return of the Product(s) shall be borne by the Customer.
Subject to the respect of the conditions mentioned above, the company LES VINS GEORGES DUBOEUF will reimburse the returned Product(s) via the same means of payment that was used to pay for the order, and this within thirty (30) days following the reception by the company LES VINS GEORGES DUBOEUF of the returned Products.
11. Secure payment
The products ordered on the site www.duboeuf.com from LES VINS GEORGES DUBOEUF are payable in full at the time of order and in euros.
Payments are made by credit card via the secure online payment system Cyberplus (Banque Populaire) or via the payment system Paypal.
In the event that, for any reason whatsoever (opposition, refusal of the issuing center …), the debit of sums due by the Customer would be impossible, the sale will be immediately resolved, the order will be cancelled and the Customer will not be delivered.
12. Right of withdrawal
The user has a withdrawal period of fourteen (14) clear days from receipt of his order in accordance with Article L. 221-18 of the Consumer Code, without having to justify his reasons or pay any penalties.
The user will inform LES VINS GEORGES DUBOEUF of his decision by e-mail at the following address: firstname.lastname@example.org or by telephone at the following number: 03 85 35 34 20, before returning the goods.
He will have to join to his request a withdrawal form, the model of which can be downloaded by clicking on the following link (model letter) or any other unambiguous statement expressing his will to withdraw.
As of the communication of its decision to retract, the user will have to return at its expenses the delivered article, within a maximum period of 14 days, in good condition and in its original packing or any other packing allowing an optimal protection of the product, with the original invoice. Only Products returned in perfect condition for resale will be accepted, i.e., new and unopened. Consequently, Products returned incomplete, damaged, opened, will not be refunded to the Customer.
LES VINS GEORGES DUBOEUF will reimburse the user for all sums paid by the Customer (including the initial delivery costs related to the returned Product) as soon as possible and no later than fourteen (14) days following the date of retraction, using the same means of payment as that used by the user.
13. Protection of minors
In accordance with article L. 3342-1 of the French public health code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The member agrees to be at least 18 years old when placing an order on the ventealapropriete.com website.
LES VINS GEORGES DUBOEUF shall not be held responsible for the non-performance of the contract concluded in case of force majeure or fortuitous event, in particular disturbance, flood, fire, shocks, vandalism, water damage, interruption of supplies and energy supplies, administrative decisions of a general nature, epidemic or pandemic, or strike, total or partial, in particular of the postal services and any other means of transport or communication or due to a third party unforeseeable or insurmountable, or in case of fault of the user, in particular errors of seizure of co-ordinates or any other incomplete or erroneous information transmitted by the user via the present site.
The responsibility of the company LES VINS GEORGES DUBOEUF could not be committed, including under the legal guarantees, in the following cases:
– Storage harmful to the good conservation of the Product,
– Normal aging of the product,
– Abnormal use of the Product or not in conformity with the use for which it is intended,
In any case, the assumption of responsibility for indirect and/or immaterial damages is excluded.
The company LES VINS GEORGES DUBOEUF does not assume any responsibility or guarantee in the event of malfunctioning of the Internet, in particular in the event of delay in the transmissions or any other dysfunction. The company LES VINS GEORGES DUBOEUF cannot guarantee the absence of interception of messages transmitted by electronic way.
The company LES VINS GEORGES DUBOEUF cannot be held responsible for temporary or permanent damage to the Customer’s computer system, nor for any loss or damage that may be suffered as a result of accessing or browsing the Site.
The transmission of data via the Internet may lead to the appearance of errors and/or the fact that the Site is not always available. Consequently, the company LES VINS GEORGES DUBOEUF cannot be held responsible for the availability or interruption of the online service.
The company LES VINS GEORGES DUBOEUF does not assume any responsibility, of some nature that it is, in the assumption that a Customer would have used in a fraudulent way the Site.
In the event of the occurrence of a force majeure event preventing the performance of its obligations by the company LES VINS GEORGES DUBOEUF, the contract will be immediately suspended, as of the notification made by the company LES VINS GEORGES DUBOEUF to the Customer, given by any means. In the same way, the company LES VINS GEORGES DUBOEUF will inform the Customer of the cessation of this event and the execution of the contract will then resume immediately on the date of this notification.
If such an event were to continue beyond one month after the date of notification, the contract will be considered terminated by operation of law. The sums collected by the company LES VINS GEORGES DUBOEUF before this date would then be refunded to the Customer.
The texts and photos presented on the site are only indicative and do not constitute a contractual commitment guaranteeing a perfect similarity between the product presented and the product ordered.
15. Intellectual Property Rights
The general structure of this site and all content diﬀusés on this site (images, photographs, logos, trademarks …) are protected by the legislation in force in France in terms of intellectual property and by the international legislation in force. All reproduction rights are reserved.
In the absence of express authorization from LES VINS GEORGES DUBOEUF, it is strictly forbidden to exploit the content of this site and in particular to reproduce, represent, modiﬁer or adapt it in whole or in part. Any reproduction and any distribution of these elements, without prior written authorization from LES VINS GEORGES DUBOEUF, will expose the offenders to legal proceedings.
Photo credit: Pascal Muradian
16. Protection of personal data
LES VINS GEORGES DUBOEUF undertakes to ensure that the collection and processing of personal data eﬀected within the present website are eﬀected in accordance with the amended law n°78-17 of January 6, 1978 and the RGPD. By personal data LES VINS GEORGES DUBOEUF means all information relating to a natural person who is identiﬁed or identiﬁable by one or more elements that are specific to him or her aﬁn order to obtain delivery of the wines available on this site. As the information provided by the user is essential for the processing and routing of orders and the preparation of invoices, their absence will result in the cancellation of the order. The user undertakes to provide sincere and true information about him. The communication of false information is contrary to these general conditions. In order to process orders, the user’s personal data may be transmitted to the staff of LES VINS GEORGES DUBOEUF as well as to that of subcontractors or partners.
The user has the right to object to the processing of his personal data by LES VINS GEORGES DUBOEUF, as well as the right to object, free of charge, to the use of his personal data for canvassing purposes, in particular for commercial purposes, by LES VINS GEORGES DUBOEUF or, if applicable, by its partners to whom his personal data may be transmitted. Opposition to the processing of personal data by the user may result in LES VINS GEORGES DUBOEUF being unable to provide the service requested, which cannot be held against it.
The user has a permanent right of access, communication, modiﬁcation, rectiﬁcation and deletion of all data concerning him/her and more particularly the right to question LES VINS GEORGES DUBOEUF in order to obtain conﬁrmation that his/her personal data are or are not being processed, information concerning the ﬁnalities of the processing, the recipients to whom they are communicated. A copy of his or her personal data may be delivered to the user, at his or her request and against reimbursement of the costs of reproduction thereof. However, LES VINS GEORGES DUBOEUF has the possibility of opposing manifestly abusive requests, in particular by their number, their repetitive or systematic nature.
To exercise these rights, it suﬃt to send a letter to the following address:
LES VINS GEORGES DUBOEUF
208, rue de Lancié
71570 ROMANECHE THORINS
Personal information collected as part of the service is kept in accordance with the rules prescribed by law and for a period of time justified by the ﬁnality of its processing.
In order to facilitate access to the services offered (in particular, by limiting the loading time of our pages during your future visits), LES VINS GEORGES DUBOEUF implants “cookies”, i.e. small ﬁchiers, on the user’s hard disk.
Cookies are data stored on a user’s terminal equipment and used by the site to send information to the user’s browser, allowing the browser to send information back to the originating site.
Cookies are set on your device with your prior consent, if required by law.
All information collected indirectly is intended only to constitute cookies, and thus to identiﬁer this computer to facilitate navigation.
The Site may automatically collect standard information stored on your computer, such as your IP address for the purpose of :
-Allow or facilitate communication by electronic means;
-and when they are strictly necessary for the provision of our online communication service your express request of the user (example: shopping cart cookies, authentication cookies).
You can set your browser to ask for your consent before a new cookie is placed in your browser, or reject cookies altogether by selecting the appropriate settings in your browser’s privacy preferences menu.
For more information, you can visit the Cookie Management page.
The company hosting the site is Almarena IT – 15 Quai du Commerce 69009 Lyon
19. Applicable law
The language of this contract is the French language. Whatever the nationality of the user, all clauses of these Terms and Conditions of Sale, all transactions and purchases made from the site duboeuf.com as well as by mail and telephone are governed by French law.
All disputes to which the purchase and sale operations concluded in application of these GCS could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences and their consequences and which could not be resolved between the company LES VINS GEORGES DUBOEUF and the Customer, will be submitted to the competent courts under the conditions of common law.
In accordance with the provisions of Articles R152-1 et seq. of the French Consumer Code, the Customer is hereby informed that he/she may in any event have recourse to conventional mediation, in particular by means of the “Online Dispute Resolution” platform (RLL) accessible at the following address: http://ec.europa.eu/consumers/odr/ or by contacting the existing sectoral mediation bodies, the references of which are given below, or any other alternative method of settling disputes (e.g. conciliation).
Contact information for the Ombudsman :
20. Pre-contractual information
Alcohol abuse is dangerous for your health. Consume in moderation.
The Customer acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of these GTCs and of all the information and details referred to in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular :
– the essential characteristics of the Products, taking into account the communication medium used and the Products concerned;
– the price of the Products and related costs (e.g. delivery);
– in the absence of immediate execution of the contract, the date or the deadline by which the company LES VINS GEORGES DUBOEUF undertakes to deliver the Product;
– the information relating to the identity of the salesman (the company LES VINS GEORGES DUBOEUF), with its postal, telephone and electronic co-ordinates, and with its activities, if they do not appear from the context;
– information on legal guarantees and how to implement them;
– the functionality of the digital content and, where appropriate, its interoperability;
– the possibility of resorting to conventional mediation in the event of a dispute;
– information on the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the cost of returning the Products and other important contractual conditions.
The fact that a Customer orders on the Site implies full and complete acceptance of these GTC, which is expressly recognized by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the company LES VINS GEORGES DUBOEUF.