Terms and Conditions of Sales

Preamble

The website https://www.georges-lombriere.com is published by the Georges-Lombriere, 1 bis route de BEDARRIDES – BP 33 – 84232 Châteauneuf-du-Pape Cedex – RCS Avignon 820 216 422, SARL with a capital of 1.000 € – VTA N° Intra FR FR 32 820 216 422 – E-mail : benoit@georges-lombriere.com – Phone : +33 6 84 55 48 41.

 

Article 1: Scope

 

These Terms and Conditions of Sales are applied to all orders passed through the website https://www.georges-lombriere.com; they remain applicable when additional clauses are included into the buyer’s other documents.

 

The Customer acknowledges having read and accepted the present Terms and Conditions of Sale. In a case not covered by these Terms and Conditions of Sale, the rules applicable for long distance selling are those of the place where the company is located.

 

Article 2: Orders

 

Georges Lombriere agrees to accept orders made under the terms of these Terms and Conditions of Sale within the limit of available stocks.

 

In the event of a shortage, Georges Lombriere agrees to communicate the necessary time required to obtain the desired product or to offer a replacement product. Georges Lombriere will honor each order by making one or more deliveries of the products ordered.

 

By validating his order, the Customer declares that he has read and accepted these Terms and Conditions of Sale. The preparation and dispatch of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is made and received.
Georges Lombriere reserves the right to cancel all non-complying or uncertain orders, as well as those issued by a Customer with whom there is a dispute.

 

Article 3: Prices

 

All prices quoted are inclusive of all relevant taxes (VAT, excise and any other applicable taxes on the day of the order, any change may be reflected in the price of the products).
In case of delivery outside metropolitan France, the displayed prices are VAT included and can be supplemented with excise duties and other taxes applicable in the country of the Customer (as well as all other taxes applicable on the day of the conclusion of the order, any changes that may be passed on to the prices of the products), as well as administrative costs for customs procedures.

 

Product prices may vary at any time according to Georges Lombriere’s pricing policy. The products ordered are invoiced at the price in effect at the time of recording of the order.

 

Product offers and prices are only valid if they are visible on the website and within the limit of available stocks.

 

The prices displayed are net and exclude postage. Shipping costs may vary according to the number of products ordered and the country of destination.

 

Article 4: Validity of offers

 

Products and promotional offers are offered within the limit of available stocks.
Georges Lombriere cannot be held responsible for any shortage of stock that would cause a delay in the delivery of the order.
In case of unavailability of one or more products after confirmation of the order, Georges Lombriere will inform the Customer by e-mail as soon as possible. After agreement with the Customer, Georges Lombriere may modify the order or proceed to refund the Customer if the product(s) is (are) not available through credit card used at the time of the order.

 

Article 5: Delivery

 

Georges Lombriere delivers all over metropolitan France. The shipping costs are automatically calculated on our website according to the order’s destination as well as the quantity of products ordered.

 

Deliveries for any other destination other than metropolitan France must be subject to a specific quote.
The delivery time of the orders is of 7 working days for the metropolitan France after the reception of the order. Non-working days include Saturdays, Sundays and public holidays, as well as on days when transportation by road is prohibited. The order is delivered to the delivery address chosen by the Customer.

 

The Customer must carefully examine the package when it has arrived to immediately express any concerns to the delivery provider. No complaints will be addressed if the Customer acknowledged delivery of the product without reservations.

 

Any mistake or changes by the Customer to any order being delivered will automatically lead to an extension of the expected delivery time. Any additional charges will be the Customer’s responsibility.

 

Article 6: Retraction

 

Returns must be sent to the following address:

Plugwine – France Gourmet Diffusion
For Georges Lombrière
215, rue Einstein
71000 Mâcon

 

Article 7: Payment

 

Any order involves a payment according to the modalities and the means specified in the ordering process.

Georges Lombrière has designated the company Plugwine for total or partial collection of payment.

Debit card payments are done through a secure on-line service.

Georges Lombrière does not have access to its Customer’s bank details.

A payment order via debit card cannot be canceled. Hence, payment of the purchase is irrevocable but does not exclude the possibility for the Customer to recant or cancel his order later.

 

Article 8: Property transfer

 

In compliance with the law of the 1st of May 1998, products delivered to Customer’s remain Georges Lombriere’s property until payment in full at the time agreed to between parties.

In cases of non-payment at the required time, Georges Lombriere’s can reclaim its property, all expense incurred will be at the charge of the Customer.

 

Article 9: Personal data

All data collected during the Customer’s visit to https://www.georges-lombriere.com is strictly confidential. No data or personal information will be sold or rented without the Customer’s prior agreement. Customer’s personal information will be use by Georges Lombriere to execute orders.

 

Georges Lombriere may be required to collect, stock and use the following data: name, email, address, date of birth and other relevant information of delivery, billing and any other tasks required to execute the order.

In compliance with the law Informatique et Libertés du 6 janvier 1978, the Customer has the right to ask for access, modification, rectification or deletion of his own data. The Customer may use this right by writing a letter to Georges-Lombriere’s.

 

All use of data on the website https://www.georges-lombriere.com/ has been declared to the National commission on Information and Freedom.

 

Article 10 : Use of cookies

 

Georges Lombriere uses cookies to recognize the Customer when connected to the site https://www.georges-lombriere.com/ as well as to be used for analytics and functions as well as to improve its overall services. Cookies are small files which are stored on the Customer’s computer by an internet browser when visiting the website.

 

The Customer may choose to deactivate the use of cookies be selecting the relevant option on his computer. However, this deactivation may prevent the Customer from using some of the website’s features.

 

Article 11: Guaranties

 

Georges Lombriere is legally bound to guarantee its products against any latent defects within the meaning of article 1641 and following of the French Civil Code: « The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects ». Consequently, the Customer has up to 2 months after the day of delivery to send a complaint to Georges Lombriere. Beyond this period, Georges Lombriere will no longer be able to guarantee the products and the Customer will have to prove that any alteration of the product was prior to its delivery.

 

The products are also covered by the legal guarantee of compliance established by articles L217-4 and following of the French Code of the Consumption.

 

It is reminded that the Customer:

– may act during a period of two years from the delivery;

– may choose between having the item replaced or repaired, subject to cost conditions as laid out in article L. 217-9 of the French Code of the Consumption.

– is not required to provide proof of the existence of a failure of compliance during the first twenty-four months following delivery of the item.

 

The Customer who wishes to invoke the legal guarantee of conformity must inform Georges Lombriere. If the reasons for the return are valid, the item shall be returned to the address mentioned in Article 6, under the same conditions as those governing the exercise of the right of withdrawal. Shipping costs and return shipping costs will be refunded.

 

The refund of the returned item will be done by crediting the bank account linked to the debit card used for the payment of the order.
The repayment date may be deferred until the date of receipt of the item at the previously mentioned address.

 

Article 12: Responsibility

 

All the texts and photos are only used for their information value and are in no case contractual. Georges Lombriere reserves the right to make changes on its website, its procedures and these Terms of Sale. The Customer is subject to the General Conditions of Sale in force at the time of the passage of his order. Georges Lombriere cannot be held responsible or considered to have failed in these conditions for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by jurisprudence of French courts and tribunals.

 

Article 13 : Relevant law

 

The official language of this contract is French. All clauses within these terms of sale, as well as all operations on the website https://www.georges-lombriere.com/, or by phone or mail are submitted to French law.

 

Any dispute which has not been settled amicably will fall under the jurisdiction of the Courts of the registered headquarters of the Georges Lombriere company.

 

Article 14 : Protection of minors

 

In accordance with article L. 3342-1 of the Public Health Code, the selling of alcohol to minors (under 18 years old) is prohibited. Le Client commits to being over 18 when ordering via the website https://www.georges-lombriere.com/.

 

Main relevant texts

 

Article L217-4 du Code de la Consommation

 

« The seller provides a good which complies with the terms of the contract and corrects any cases of noncompliance during delivery.

 

He is also responsible for any noncompliance which is the result of the goods packaging, building instruction or installation when these are under his responsibility under the contracts terms or were performed before the sell ».

 

Consumer Code – Article L217-5

 

« The good complies with the contract if :
1° It complies with the generally expected use of this kind of product and, where appropriate, – it corresponds to the description given by the seller and possesses the qualities which were presented to the buyer in the form of a sample or a model;
– if it presents the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, the producer or his representative, in particular with respect to advertising or labeling;
2 ° Or if it has the characteristics defined through mutual agreement by all parties or is specific to any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted ».

 

Consumer Code – Article L217-12

 

« Actions which are the consequence of a lack of conformity are prescribed after two years following the product’s delivery ».

 

Consumer Code – Article L221-28

 

« The right of withdrawal may not be exercised for contracts relating to (…) :
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the seller (…) ».

 

Civil Code – Article 1641

 

« The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects ».

 

Public Health Code Article L3342-1

 

« The sale of alcoholic beverages to minors is prohibited. Free distribution of such beverages to minors is also prohibited in all commercial establishments or in public areas. The provider of alcoholic beverages must require clients to provide proof of age ».