Applicable as of July 1 , 2014
ARTICLE 1. LEGAL NOTICE
1.1 Publisher
You are currently connected to the website www.domainedelanglade.fr, published by Mr. Bernard Van Doren, Agricultural Operator, SIREN: 350 981 452, registered office: Domaine de l'Anglade, Avenue Vincent Auriol, 83980 Le Lavandou, France, phone: +33 4 94 71 10 89, email: info@domainedelanglade.fr, VAT number: FR56350981452. The publication director and editor-in-chief is Bernard VAN DOREN.
1.2 Hosting Provider
The Site is hosted by Gefigram, registered office at ZA Pont de Lorgues, 83300 Draguignan, phone: +33 4 94 50 60 90.
ARTICLE 2. DEFINITIONS
« Client » : Any private individual or legal entity, public or private, registered on the Site to purchase Products.
« Domainedelanglade.fr » : Refers to Bernard Van Doren as the Site's publisher.
« User » : Any private individual or legal entity, public or private, accessing the Site.
« Product » : Goods sold on the Site by Domainedelanglade.fr, primarily consisting of wine from Domaine de l'Anglade - IGP Maures Appellation.
« Site » : The website accessible at the URL www.domainedelanglade.fr, including any sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3. SCOOP OF APPLICATION
The Site is freely accessible to all Users. Browsing the Site implies acceptance of these general terms by any User. Simply connecting to the Site constitutes full and unconditional acceptance of these terms.
Upon registration on the Site, this acceptance is confirmed by checking the box corresponding to the statement: “I acknowledge having read and accepted the general terms and conditions of sale and use.”
The User thereby acknowledges having fully understood and accepted these terms without restriction.
Checking this box is deemed equivalent to a handwritten signature by the Client. The User acknowledges the evidentiary value of the automatic recording systems of Domainedelanglade.fr and, except where proven otherwise, waives the right to contest them in case of litigation.
These general terms are applicable to the relationship between the parties to the exclusion of any other terms, notably those of the Client.
Acceptance of these terms assumes that Users have the legal capacity to do so or, failing that, the authorization of a guardian or trustee if they are incapable, or a mandate if acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell Products to Clients.
ARTICLE 5. ORDER PROCESS
5.1 Placing an order
To place an order, Users can select one or more Products and add them to their cart. Product availability is indicated on the Site, on the description page of each item. Once their order is complete, Users can access their cart by clicking the appropriate button.
5.2 Order Validation by the User
By reviewing their cart, Users can verify the quantity and nature of the Products selected and review their unit and total price. They can remove one or more Products from their cart if desired.
If the order meets their satisfaction, Users can proceed to validate it. They will then access a form where they can either enter their login details if they already have an account or register on the Site by completing the registration form with their personal information.
5.3 Payment by the Client
Once logged in or after successfully completing the registration form, Clients will be invited to review or update their delivery and billing details. They will then be prompted to make their payment via a secure payment interface.
5.4 Order Confirmation by Domainedelanglade.fr
Once payment has been successfully received by Domainedelanglade.fr, an acknowledgment will be sent to the Client electronically within a maximum of 24 hours. Within the same timeframe, Domainedelanglade.fr commits to sending the Client an email summarizing the order details and confirming its processing.
ARTICLE 6. PRICES - PAYMENT
6.1 Prices
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by Domainedelanglade.fr. The prices displayed are valid only on the day of the order and do not apply for the future.
The prices shown on the Site are in euros, inclusive of all taxes, excluding delivery charges.
6.2 Payment Methods
The Client may make payments by check or credit card. Payments by credit card are processed through secure transactions provided by Atos Worldline via Société Marseillaise de Crédit.
For credit card payments, Domainedelanglade.fr does not have access to any payment-related data from the Client. The payment is processed directly with the financial institution.
In the case of payment by check, delivery times begin only after the payment has been cleared by Domainedelanglade.fr.
6.3 Invoicing
Domainedelanglade.fr will send or make available an electronic invoice to the Client after each payment. The Client expressly agrees to receive invoices electronically.
6.4 Payment Default
Payment due dates cannot be postponed under any circumstances, including in the event of a litigation.
Any amount not paid by the due date will automatically incur late payment penalties without formal notice, calculated at a rate equal to three times the legal interest rate. This penalty does not affect the enforceability of the principal amount due.
Additionally, late payment will result in a collection fee of 40€ being charged to the defaulting Client, immediate payment of all remaining amounts owed regardless of agreed terms, an additional indemnity of 20% of the outstanding amount as a penalty clause, and the possibility of unilateral contract termination at the Client's fault.
6.5 Retention of Ownership
Products remain the property of Domainedelanglade.fr until full payment of their price, in accordance with this retention of ownership clause.
ARTICLE 7. CLAIMS - CANCELLATION - WARRANTY
7.1 Customer Service
The Site’s customer service is available Monday through Friday from 10:00 AM to 12:00 PM and from 2:00 PM to 5:00 PM (excluding public holidays) at the following non-premium rate number: +33 4 94 71 10 89, by email at info@domainedelanglade.fr, or by mail to the address specified in Article 1 of these general terms. In the latter two cases, Domainedelanglade.fr commits to responding within two business days.
7.2 Waiver of Inspection Right
The parties expressly waive the "inspection right" stipulated in Article 1587 of the French Civil Code.
7.3 Right of Withdrawal – Distance Selling
In accordance with the applicable legislation regarding distance selling, the consumer has a fourteen-day period to exercise their right of withdrawal without the need to provide any justification or pay penalties, except for the return shipping costs, if applicable.
The fourteen-day period starts from the day the distance contract is concluded for contracts related to the provision of services and/or the provision of digital content not supplied on a physical medium, or from the day the consumer or a third party, other than the carrier, designated by the consumer, receives the goods for contracts of sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for multiple goods delivered separately, or for an order of a single item consisting of multiple lots or pieces delivered over a defined period, the period starts from the receipt of the last item or lot, or the last piece. For contracts that provide for the regular delivery of goods over a defined period, the period starts from the receipt of the first item.
If the fourteen-day period expires on a Saturday, Sunday, or public holiday, it is extended until the first working day following.
The consumer must return the products to the professional or to a person designated by the professional without undue delay, and at the latest within fourteen days following the communication of their decision to withdraw.
When the right of withdrawal is exercised, the professional is obligated to refund the consumer the total amount paid, as soon as possible and at the latest within fourteen days following the date the right was exercised. The professional may withhold the refund until the products are returned or until the consumer provides proof of shipment of the products, whichever comes first. Beyond this, the amount due will automatically accrue interest at the legal rate in effect, as specified in Article L. 121-21-4 of the Consumer Code.
If applicable, the professional will make the refund using the same payment method that the consumer used for the initial transaction, unless the consumer expressly agrees to the use of another payment method, provided that the refund does not incur any charges for the consumer. However, the professional is not obliged to refund any additional costs if the consumer expressly chose a more expensive delivery method than the standard delivery method offered.
The conditions, timeframes, and methods for exercising the right of withdrawal are detailed in the standard form provided at the end of these general terms.
The right of withdrawal does not apply to contracts:
- for the supply of goods liable to deteriorate or expire rapidly;
- for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value depends on market fluctuations beyond the professional’s control.
Similarly, the right of withdrawal is not applicable to contracts fully executed by both parties at the consumer’s express request before the latter exercises their right of withdrawal.
7.4 Termination of the Contract at the Client’s Initiative
The Client, acting as a consumer, may terminate the contract by registered letter with acknowledgment of receipt if the delivery date exceeds seven days beyond the agreed date. The Client will then be refunded the amounts paid during the order process.
This clause does not apply if the delivery delay is due to a force majeure event. In such cases, the Client agrees not to pursue legal action against Domainedelanglade.fr and waives the right to terminate the sale as outlined in this article.
7.5 Warranties
7.5.1 Warranty for Visible Defects and Non-Conformities
It is the Client's responsibility to verify the condition of the Products upon delivery. This verification should include checking the quality, quantities, and references of the Products as well as their compliance with the order. No claims will be accepted after a period of three days from the date of delivery.
In any case, for delivered packages, claims will only be considered if the Client, acting as a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 and following of the French Commercial Code.
7.5.2 Warranty for Hidden Defects
Clients are entitled to a legal warranty of proper delivery (Article 1604 of the French Civil Code), a legal warranty against hidden defects (Articles 1604 et seq. of the French Civil Code), and a safety warranty (Articles 1386-1 et seq. of the French Civil Code).
Clients classified as consumers also have a legal warranty of conformity (Articles L. 211-1 et seq. of the French Consumer Code).
7.5.3 Product Returns
To invoke a warranty, the Client must return the product to the headquarters address of Domainedelanglade.fr, accompanied by an explanatory letter requesting either repair, replacement, or reimbursement.
The cost of returning the Product is borne by the Client, except for consumers invoking the conformity warranty under Articles L. 211-1 et seq. of the French Consumer Code.
ARTICLE 8. PERSONAL ACCOUNT
8.1 Account Creation
Creating a personal account is a prerequisite for any order on the Site. To do so, the User must provide certain personal information. Some of this information is deemed essential for account creation. Refusal to provide this information will prevent the creation of a personal account and, consequently, the validation of an order.
During account creation, the User is required to choose a password. This password guarantees the confidentiality of the information within the personal account. The User must not share or disclose it to any third party. If the password is compromised, Domainedelanglade.fr cannot be held responsible for unauthorized access to the User's personal account.
The Client agrees to regularly verify their personal data and to update or modify it online through their personal account as necessary.
8.2 Account Content
The personal account allows the Client to view and track all orders placed on the Site.
The pages related to personal accounts can be freely printed by the account holder but do not constitute admissible proof in a court of law. These pages are for informational purposes only and are intended to assist the Client in effectively managing their orders.
Domainedelanglade.fr commits to securely retaining all contractual elements required by applicable laws and regulations.
8.3 Account Deletion
Domainedelanglade.fr reserves the right to delete the account of any Client who violates these general terms and conditions, particularly if the Client provides inaccurate, incomplete, false, or fraudulent information, or if the Client’s account remains inactive for over a year. Such deletion does not constitute a fault on the part of Domainedelanglade.fr and does not entitle the excluded Client to any compensation.
This exclusion is without prejudice to the possibility for Domainedelanglade.fr to take legal action against the Client if justified by the circumstances.
ARTICLE 9. DELIVERY
9.1 Shipping Fees
Shipping or delivery fees will always be communicated to the Client prior to payment and are applicable only for deliveries within mainland France, excluding Corsica. For any other delivery locations, the Client must contact customer service. The shipping fees displayed on the Site are in euros, inclusive of all taxes.
Shipping fees:
- 30€ for orders below 250€.
- Free shipping for orders of 250€ or more.
9.2 Delivery Timeframes
Orders are delivered via La Poste or DB Schenker within an average of 5 to 10 business days following the complete payment of the price to Domainedelanglade.fr.
Certain products or order volumes may require a delivery time exceeding 10 business days, up to a maximum of 30 business days. This will be expressly indicated to the Client during order confirmation.
9.3 Damaged Packages
If a package is delivered visibly and clearly damaged, the Client must refuse the package to benefit from the carrier's warranty. Additionally, the Client must notify the seller immediately so a replacement package can be prepared and shipped upon receipt of the damaged package. In such cases, the previously stated delivery timeframes will no longer apply.
ARTICLE 10. DOMAINEDELANGLADE.FR NEWSLETTER
By checking the appropriate box or explicitly agreeing, Users accept that Domainedelanglade.fr may send them newsletters containing information about its activities, at a frequency and format determined by the site.
By opting in, Users also agree to receive commercial offers from Domainedelanglade.fr for products and services similar to those on the Site. Subscribers can unsubscribe at any time by clicking the designated link included in each newsletter.
ARTICLE 11. DATA PROTECTION AND PRIVACY
11.1 CNIL Registration – Data Controller
The Domainedelanglade.fr database containing personal data of Users and Clients is registered with the CNIL under number 1775144.
11.2 Voluntary Nature of Data Provision
Users can freely choose whether or not to provide personal information. Providing personal data is not necessary for browsing the Site.
11.3 Mandatory Data for Registration
However, registration on the Site requires the collection of certain personal information from Users. Those who refuse to provide this information cannot place orders on the Site.
11.4 Purpose of Data Collection
The personal data collected is processed exclusively by Domainedelanglade.fr for Site administration and compliance with contractual obligations. The data is securely stored and will not be used for any other purpose or shared with third parties without the Client's explicit consent, except as required by law. No data will be transferred internationally.
11.5 Right to Access, Rectify, and Object
Client data is stored for one year, a reasonable period for Site administration and data usage. It is securely preserved in compliance with the French Data Protection Act of January 6, 1978.
Clients have the right to object to, access, and rectify their data by contacting Domainedelanglade.fr via email at info@domainedelanglade.fr or by mail to the company address specified in Article 1.
ARTICLE 12.COOKIES AND IP ADRESSES
12.1 Cookies
12.1.1 Purpose of Cookies
Domainedelanglade.fr may place cookies on the User's device to optimize navigation and enhance functionality.
12.1.2 Purpose of Cookies
Cookies allow for the storage of information related to browsing on the Site (date, page, times), as well as any data entered by Users during their visit (searches, login, email, password). These cookies are intended to be stored on the User's computer for a variable duration of up to one year and may be read and used by Domainedelanglade.fr during a subsequent visit by the User to the Site.
12.1.3 User's Right to Oppose Cookies
Users have the ability to block, modify the retention period, or delete these cookies via their browser settings (usually: tools or options / privacy or confidentiality). In such cases, browsing on the Site will not be optimized. If the systematic deactivation of cookies on the User’s browser prevents them from using certain Services, this malfunction shall not in any way constitute damage to the Customer, who shall not be entitled to any compensation as a result.
12.1.4 Deleting Cookies
Users also have the ability to delete cookies stored on their computer by accessing the relevant menu in their browser (usually: tools or options / privacy or confidentiality). Such action results in the loss of the benefits provided by cookies.
12.2 IP Addresses
12.2.1 Definition and Collection of IP Addresses
An IP address is a series of numbers separated by dots that allows the unique identification of a computer on the Internet. Domainedelanglade.fr reserves the right to collect the public IP address of all Users. This collection will be carried out anonymously. The IP address will be stored for the duration required by law.
12.2.2 Disclosure of IP Addresses
Domainedelanglade.fr must provide any personal data related to a User to law enforcement upon judicial request or to any party upon a judicial decision. The IP address may be cross-referenced with the User’s actual identity if this information is provided by an Internet service provider.
ARTICLE 13.LIABILITY OF DOMAINEDELANGLADE.FR
13.1 Nature of the Obligations of Domainedelanglade.fr
Domainedelanglade.fr commits to exercising the necessary care and diligence to provide quality Products that conform to the specifications of these General Conditions. Domainedelanglade.fr is only bound by a best-efforts obligation concerning the services covered by these terms.
13.2 Force Majeure – Customer’s Fault
Domainedelanglade.fr shall not be held liable in cases of force majeure or fault on the part of the Customer, as defined in this article:
13.2.1 Force majeure
For the purposes of these general conditions, force majeure is understood to mean any event, limitation, or disturbance beyond the reasonable control of Domainedelanglade.fr, including but not limited to fire, epidemics, explosions, earthquakes, bandwidth fluctuations, failures attributable to service providers, transmission network failures, infrastructure collapse, unlawful or fraudulent use of passwords, hacking, security breaches by the Site's host or developers, flooding, power outages, wars, embargoes, laws, orders, demands, or requests from any government, requisitions, strikes, boycotts, or other circumstances beyond the reasonable control of Domainedelanglade.fr. Under such circumstances, Domainedelanglade.fr will be relieved of its obligations to the extent of the impediment, limitation, or disturbance.
13.2.2 Customer’s Fault
For the purposes of these terms, fault by the Customer includes any improper use of the Service, negligence, omission, failure on their part or their agents, failure to comply with guidance provided by Domainedelanglade.fr on the Site, any disclosure or unlawful use of passwords, codes, or references, as well as providing incorrect information or failing to update such information in their personal account. The use of technical means, such as bots or automated queries, contrary to the letter or spirit of these terms and conditions, shall also constitute fault by the Customer.
13.3 Technical Issues – Hyperlinks
In the event of access issues to the Site due to technical problems of any nature, the Customer cannot claim any damages or compensation. Prolonged unavailability of one or more online services, even without limitation, cannot constitute damage for Customers and cannot result in compensation from Domainedelanglade.fr.
Hyperlinks on the Site may lead to other websites. Domainedelanglade.fr shall not be held liable if the content of these websites contravenes applicable laws. Likewise, Domainedelanglade.fr shall not be held liable for any damages incurred by the User while visiting such sites.
In the current state of technology, the rendering of the representations of Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of graphic accessories and screens or the display resolution. These variations and differences shall under no circumstances be attributed to Domainedelanglade.fr, and its liability cannot be engaged on this basis.
13.4 Damages Payable by Domainedelanglade.fr
Unless otherwise stipulated by law, Domainedelanglade.fr’s liability is limited to direct, personal, and certain damages suffered by the Customer and directly attributable to the fault in question. Domainedelanglade.fr shall not be held liable for indirect damages such as data loss, commercial harm, lost orders, harm to brand image, business interruptions, or loss of profits or customers. Additionally, the amount of damages payable by Domainedelanglade.fr cannot exceed the price of the ordered Product.
ARTICLE 14. INTELLECTUAL PROPERTY
The content (texts, images, diagrams), structure, and software used for the Site’s operation are protected by copyright and database rights. Any full or partial representation or reproduction made without the consent of Domainedelanglade.fr or its rights holders constitutes a violation of French intellectual property laws and may lead to legal action. This also applies to translations, adaptations, transformations, or reproductions using any means or processes.
The information published on this Site is provided for informational purposes only, with no guarantee of accuracy. Domainedelanglade.fr cannot, under any circumstances, be held liable for any omission, inaccuracy, or error contained in this information that may cause direct or indirect damage to the User.
ARTICLE 15. GENERAL PROVISIONS
15.1 Applicable Law
These general conditions are subject to the application of French law.
15.2 Modifications to These General Conditions
These general conditions may be modified at any time by Domainedelanglade.fr. The general conditions applicable to the Customer are those in force on the date of their order or connection to this Site. Any new connection to the personal account implies acceptance, if applicable, of the new general conditions.
15.3 Amicable Settlement of Disputes
Unless otherwise required by public policy, all disputes that may arise within the framework of the execution of these general conditions must first be submitted to Domainedelanglade.fr for amicable resolution before any judicial action.
15.4 Entirety
The invalidity of any clause in this contract shall not result in the invalidity of the other clauses or the contract as a whole, which will retain their full effect and scope. In such a case, the parties shall, to the extent possible, replace the invalid provision with a valid provision reflecting the spirit and purpose of these conditions.
15.5 Non-Waiver
The failure of Domainedelanglade.fr to exercise the rights recognized by these conditions shall not, under any circumstances, be interpreted as a waiver of the right to enforce said rights.
15.6 Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the French Consumer Code concerning unfair clauses in contracts between a professional and a consumer.
ARTICLE 16. LITIGATION - CONSUMER MEDIATION
In the event of a litigation between the Customer and the company, they shall make every effort to resolve it out of court (the Customer must submit a written complaint to the professional or, if applicable, to the professional’s Customer Relations Service).
If no amicable agreement is reached or the professional fails to respond within a reasonable time of one (1) month, the consumer Customer, as defined by Article L.133-4 of the Consumer Code, may contact the competent mediator free of charge if a disagreement persists. The mediator must be listed by the Commission for the Evaluation and Control of Consumer Mediation under Article L.615-1 of the Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun -33000 Bordeaux
CANCELLATION TERMS FOR DISTANCE SALES TO CONSUMERS
In the case of distance sales, as defined by Article L.121-16 of the French Consumer Code, the consumer has the right to withdraw from their order within fourteen (14) days, including public holidays, starting from the date of the order or purchase commitment. This withdrawal must be made via a registered letter with acknowledgment of receipt. If the deadline falls on a Saturday, Sunday, or public holiday, it will be extended to the next working day.
Any contractual clause requiring the consumer to waive their right to cancel their order or purchase commitment shall be deemed null and void. This article does not apply to contracts concluded under the conditions specified in Article L.121-16-1.
If you decide to cancel your order, you may use the detachable form provided.
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ORDER CANCELLATION FORM
Consumer Code, Article L.121-17
Conditions :
- Complete and sign this form
- Send it by registered mail with acknowledgment of receipt.
- Use the address provided in Article 1 of the General Terms and Conditions.
- Ensure it is sent no later than the fourteenth (14th) day from the date of the order. If this period ends on a Saturday, Sunday, or public holiday, it will be extended to the next working day.
I, the undersigned, hereby cancel the following order: ................................................................................................
- Description of the goods or service ordered : .......................................................................................
.................................................................................................................................................................................... - Order date : ...........................................................................................................................................
- Customer's name : .........................................................................................................................................................
- Customer's address : ....................................................................................................................................................
Customer's signature :