Terms and conditions of sale
The general terms and conditions of sale described below detail the rights and obligations of the SCEA Domaine de Bel Air and its customers in the context of the sale of wines to consumers on the website www.domainebelair.wine. They apply, without restriction or reserve to all sales concluded by the SCEA DOMAINE DE BEL AIR with customers on the website. They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the customers. The main characteristics of the wines and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the website.
The customer is required to read these general terms and conditions of sale before placing an order. The choice and purchase of a wine is the sole responsibility of the customer. The photographs and graphics presented on the website www.domainebelair.wine are not contractual and cannot engage the responsibility of the SCEA DOMAINE DE BEL AIR. The customer is required to refer to the description of each product in order to know the properties and essential characteristics. Product offers are subject to availability of stock. The present General Terms and Conditions of Sale apply to online sales and to sales directly to the Estate, except for the article on rights and withdrawal periods, which is only valid for all online purchases.
The Customer declares that he/she has read these general terms and conditions of sale and has accepted them by ticking the box provided for this purpose before starting the online ordering procedure. The validation of the order by the customer at the end of the online order process is confirmation of his acceptance, without restriction or reservation, of these general terms and conditions of sale.
The sale of alcohol is prohibited to minors.
The customer validates his/her order when he/she activates the “Order” link at the bottom of the “Your order” page after having accepted the present terms and conditions of sale. Before this validation, the customer is systematically offered to check each of the elements of his order; he can thus check the total price and correct any errors before confirming his acceptance. It is therefore the responsibility of the customer to check the accuracy of the order and to report any errors immediately.
SCEA DOMAINE DE BEL AIR confirms the order by e-mail; this information includes all the elements of the order and the customer’s right of withdrawal.
The SCEA DOMAINE DE BEL AIR reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, especially in case of supply problems, or in case of difficulty concerning the order received. The sale is only definitive after SCEA DOMAINE DE BEL AIR has sent the customer confirmation of the acceptance of the order by e-mail and the collection of the full price. The SCEA DOMAINE DE BEL AIR reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
Unless proven otherwise, all data provided and the confirmation recorded in the computer system of SCEA DOMAINE DE BEL AIR are proof of the transaction. The confirmation of the order will be worth signature and acceptance of the operations carried out.
AVAILABILITY OF PRODUCTS
Our products are offered as long as they are visible on the site www.domainebelair.wine, and within the limits of available stocks.
In case of unavailability of a product after placing your order, we will inform you by e-mail. Your order will be automatically cancelled and no bank debit will be made.
DELIVERY – DEADLINES – RECEPTION
Deliveries are made according to availability and in the order of arrival of orders.
SCEA DOMAINE DE BEL AIR is authorised to make deliveries in whole or in part.
Delivery times are approximately 4 working days for metropolitan France but the actual delivery will be made according to the possibilities of supply and transport. Exceeding the delivery time cannot give rise to damages or deductions. Please contact us for deliveries outside mainland France to find out about average supply times and prices.
In any case, delivery within the deadlines can only take place if the customer is up to date with his payments to SCEA DOMAINE DE BEL AIR, whatever the cause.
The SCEA DOMAINE DE BEL AIR will be relieved of its obligation to deliver in case of a force majeure event, such as fire, strike, accident, global pandemic and impossibility of supply.
The delivery deadline varies according to the customer’s address. It is fixed, for an address in metropolitan France, on the day of payment + 7 working days. In the event of a delay in shipment, an email will be sent to you to inform you of any consequences on the delivery time that has been indicated to you.
In case of delivery by a carrier, the SCEA DOMAINE DE BEL AIR cannot be held responsible for a delay in delivery due to unavailability of the customer after several proposals for appointment.
In case of delay in delivery compared to the deadline indicated, the customer will send a registered letter with acknowledgment of receipt to the SCEA DOMAINE DE BEL AIR enjoining him to perform leaving an additional period of twenty (20) days, time necessary for the SCEA DOMAINE DE BEL AIR to determine the cause of delay or lack of delivery. In the absence of execution at the end of this new period, the client may freely cancel the order by registered letter with acknowledgement of receipt. When the contract has been cancelled by the customer, SCEA DOMAINE DE BEL AIR is obliged to reimburse the customer for all sums paid, at the latest within fourteen days following the date of receipt of the cancellation of the order.
Upon receipt of the goods, all reservations must be made with the carrier in case of missing or damaged goods. The customer has the right to refuse delivery if the product(s) are damaged. All other claims, requests for exchange or refund must be made by telephone on +33 (0)611781877, and within 3 days of receipt of the goods. If this is not done, no claim from the customer can be taken into account. The customer must open the package in front of the delivery person.
The goods are supplied and invoiced according to the price list in force on the day the order is accepted. They do not include the costs of processing, shipping, transport and delivery or postage, customs duties levied in the country of destination or any applicable taxes that the products ordered and delivered, the customer’s bank charges and any other possible costs, which are invoiced in addition, under the conditions indicated on the website www.domainebelair.wine, calculated and indicated prior to confirmation of the order by the customer. Nevertheless, the seller reserves the right to apply the rate in force on the day of the execution of the order in case of postponement of the delivery date requested by the customer.
Prices are net, ex SCEA DOMAINE DE BEL AIR, including packaging, except under special conditions, and are supplied in euros including all taxes (VAT and other taxes applicable on the day of the order). The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The SCEA DOMAINE DE BEL AIR reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time of validation of the order and subject to availability.
The products remain the property of the SCEA DOMAINE DE BEL AIR until the complete payment of the price. The price is payable in full on the day the order is placed by the customer.
Attention: as soon as you take physical possession of the ordered products, the risks of loss or damage of the products are transferred to you.
The fact of validating your order implies for you the obligation to pay the price indicated.
Except under special conditions, payment will be made without any deduction or compensation whatsoever.
The payment of your purchases is made by credit card through the secure payment system E-transactions, either by bank transfer or by check. For payment by cheque, it must be issued by a bank domiciled in France. The cheque is cashed upon receipt and the order will only be shipped upon receipt of the cheque.
RIGHTS & WITHDRAWAL PERIOD
For all online purchases, the customer has a period of fourteen clear days, from receipt of the products, to exercise his right of withdrawal without having to justify his reasons or pay penalties for exchange or refund, provided that the products are returned in their original packaging and in perfect condition within fourteen days after notification to SCEA DOMAINE DE BEL AIR of the customer’s decision to withdraw. If the fourteen day withdrawal period expires on a Saturday, Sunday or a holiday or day off, it is extended until the next working day.
Returns must be made in their original and complete condition, allowing them to be put back on the market in new condition, accompanied by the purchase invoice. In this context, your responsibility is engaged. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Damaged, soiled or incomplete products cannot be returned.
The return costs are at the customer’s expense. In case of exercise of the right of withdrawal, the SCEA DOMAINE DE BEL AIR reimburse the customer of all sums paid, as soon as possible and no later than fourteen (14) days after the date of receipt by the SCEA DOMAINE DE BEL AIR of products returned by the customer under the conditions provided in this article
TRANSFER OF OWNERSHIP AND INTELLECTUAL PROPERTY
The transfer of ownership of the products to the customer takes place only after full payment of the price, regardless of the date of delivery of the said products.
In the event of non-payment of the price in full, the seller shall have the right to continue the execution of the sale and to demand full payment of the price, unless an action for the reclamation of the goods is undertaken, in which case, the deposits paid or any partial payments shall be retained by the seller as damages.
All the elements of the site www.domainebelair.wine are and remain the intellectual and exclusive property of the SCEA DOMAINE DE BEL AIR. No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, the elements, whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the written consent of SCEA DOMAINE DE BEL AIR.
JURISDICTION – DISPUTES – LIABILITY
All disputes in application of these general conditions of sale could give rise to, 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. The customer is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. consom. art. L 612-1) or with the existing authorities of sectorial mediation, and whose references appear on the Internet site www.economie.gouv.fr or with any alternative mode of settlement of the disputes (conciliation, for example) in the event of dispute.
Furthermore, the SCEA DOMAINE DE BEL AIR cannot be held responsible for any damage resulting from improper use of the product purchased. The guarantee of the SCEA DOMAINE DE BEL AIR is, in any case, limited to the replacement or reimbursement of non-conforming products or affected by a defect.
Finally, the responsibility of SCEA DOMAINE DE BEL AIR cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a break in service, external intrusion or the presence of a computer virus.
Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee that was granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.
ANNEX II – Withdrawal form
This form must be completed and returned only if the customer wishes to withdraw from the order placed on the website www.domainebelair.wine, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable general conditions of sale.
SCEA DOMAINE DE BEL AIR
3184 route des Pinchinats
13100 Aix-en-Provence, France
I hereby notify you of the exercise of my right of withdrawal in respect of the following order:
Order number: …………………………………………………
Customer Name: …………………………………………………………………
Customer’s address: ……………………………………………………………
Date and Signature of Customer (only in case of notification of this form on paper)