Legal Mentions & CGV
1 - Legal Mentions
Website www.calais-vins.com edited by :
SARL LES VINS DU LITTORAL au capital de 39 000€
whose registered office is located at :
SARL Les Vins Du Littoral – CD215 - 62185 FRETHUN
Tel : 0033 (0)3.21.36.40.40
E-Mail : contact@calais-vins.com
N° SIRET : 44117783900012 RCS Calais APE 4725Z – Capital 39.000€
TVA intracommunautaire : FR1441177839
Directed by : Jérôme Pont
The Website www.calais-vins.com is hosted by :
OVH, SAS au capital de 10 059 500 €
RCS Lille Métropole 424 761 419 00045
Code APE 6202A
N° TVA : FR 22 424 761 419
Siège social : 2 rue Kellermann – 59100 Roubaix – France.
Publication Director : Octave KLABA
Credits Integrated : www.pilipili-web.com
CGV
TERMS AND CONDITIONS
These General Terms and Conditions of Sale are subject to French law.
Article 1: object
Article 2: Our offer
Article 3: Availability
Article 4: Our prices
Article 5: Order and electronic signatureArticle 6: Payment
Article 7: Security of payments
Article 8: Refunds
Article 9: Signature and proof
Article 10: Liability
Article 11: Personal data
Article 12: Intellectual property
Article 13: Entire contract
Article 14: Disputes
Article 15: Mediator
These General Conditions of Sale are concluded between:
On the one hand, the company SARL Les Vins Du Littoral (Calais Vins), whose head office is located at this address:
SARL Les Vins Du Littoral (Calais Vins) – CD215 - 62185 FRETHUN
Phone: 03.21.36.40.40
Email: contact@calais-vins.com
SIRET number: 44117783900012 RCS Calais APE 4725Z – Capital €39,000
Intra-community VAT: FR1441177839
Director of publication: Jérôme Pont
And on the other hand, any natural person visiting or making a purchase via the website www.calais-vins.com, (hereinafter referred to as "the Internet user")
Article 1: object
- Article 1.1: The Contract
These Terms are intended to define the terms of sale between SARL Les Vins du Littoral (Calais Vins) and the Internet user, from the order to the services, including payment and delivery. They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties on the site www.calais-vins.com
Any order assumes the Internet user's adherence to these General Terms and Conditions of Sale, it being specified that the parties agree that their relations will be governed exclusively by these, constituting the Contract.
The Internet user means any natural person visiting or making a purchase via the site www.calais-vins.com
The Internet user declares to have the capacity to conclude this Contract, that is to say to be of legal majority and not to be under guardianship or curatorship.
The Internet user also declares that he does not purchase Calais Vins products and articles with a view to reselling them.
Calais Vins reserves the right to adapt or modify, for legitimate reasons, at any time, these General Conditions of Sale.
In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order.
However, if a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
- Article 1.2: The Internet user
The Internet user means any natural person visiting or making a purchase via the site www.calais-vins.com
- Article 1.3: Capacity
The Internet user declares to have the capacity to conclude this Contract, that is to say to be of legal majority and not to be under guardianship or curatorship.
- Article 1.4: Purpose
The Internet user declares not to make purchases of Calais Vins products and articles with a view to reselling them.
Article 2: Our offer
www.calais-vins.com is a site which aims to offer for sale items: Wines and Spirits, cellar items, accessories and delicatessen
The products and articles offered for sale are described and presented with the greatest possible accuracy.
However, if errors or omissions may have occurred in this presentation, SARL Les Vins Du Littoral cannot be held liable, it being specified that the photographs which illustrate the products and articles in support of the text do not not in the contractual field.
All offers of products and articles, and delivery methods are valid in metropolitan France and Corsica, within the limits of available stocks.
Calais Vins may, in particular because of its suppliers, be required to offer the Internet user products and articles of composition slightly different from that described, but in any case of equal or superior quality to the product or article. order.
The Internet user will of course benefit in this case from the “satisfied or reimbursed” guarantee, consisting of a right of exchange or reimbursement (cf. Article 10).
The Internet user receives promotional offers from Calais Vins, if he does not wish it, he just has to report it:
- on www.calais-vins.com under “My space”,
- or by contacting Calais Vins using the form provided for this purpose on www.calais-vins.com in the “Contact us” section
- or by post to SARL Les Vins Du Littoral – Rue Gutemberg, Zone Curie - 62100 Calais France
- or by phone on 03 21 36 40 40
Article 3: Availability
Product and item offers are valid as long as they are visible on the www.calais-vins.com website, within the limits of available stocks. If a product is only available on order, a specific mention is inserted under the product concerned.
Upon receipt of the order by the Internet user, Calais Vins will check the availability of the product(s) and item(s) ordered.
In the event of temporary unavailability, Calais Vins undertakes within 30 days from the validation of the order:
- either to deliver the ordered product to the Internet user,
- or to offer the Internet user a similar product at a similar price.
- or a refund.
Any claim by the Internet user concerning the order of an unavailable item will be considered unfounded.
In all cases, Calais Vins undertakes to notify by e-mail any Internet user who has placed an order for an unavailable item.
In the event of a permanent out of stock on one of the products or items in your order, this will have no consequences on the dispatch of the rest of your order.
Article 4: Our prices
- Article 4.1: Prices
The prices of products and articles on the www.calais-vins.com website are indicated in Euros, all taxes included and take into account the VAT in force on the day of the order. They are guaranteed subject to typographical or printing errors.
These prices are exclusive of the flat-rate contribution to the shipping costs in force on the day of the order (cf. article 8.2).
Calais Vins reserves the right to modify the prices at any time but undertakes to apply the prices in force which will have been indicated to the Internet user at the time of registration of his order.
If one or more taxes were to be created or modified upwards or downwards, this change may be passed on to the selling prices of the products and items in the catalogs and sales documents.
- Article 4.2: VAT
The VAT included is the French VAT at the rate in force for the products and articles concerned. If the VAT rate were to be modified, these changes may be passed on to the prices of the products and articles, without the Internet user being informed beforehand.
For other countries of the European Union, the price differs according to the country of delivery of the product and will take into account the local VAT of the country of consumption and other taxes (excise).
Article 5: Order and electronic signature
Any order implies acceptance of the prices and description of the products and articles available for sale on the site www.calais-vins.com.
- Article 5.1: 1st stage of the order
The Internet user interested in a product or an article visible on the site www.calais-vins.com follows the following process in order to establish his order online:
After clicking on the "Order" icon and after having checked the specifics of his order (product, quantity, price, size, etc.), the Internet user validates the choice of the product(s) or article(s) selected by a "Click".
During his first order, the Internet user has to fill out a form, containing in particular the following information: title, surname, first name, complete delivery and billing address, e-mail and telephone number allowing him, during subsequent orders, not having to fill in the forms again prior to placing the order.
The order can only be registered on the www.calais-vins.com Site if the Internet user has clearly identified himself
either by entering his web account (e-mail and password),
or by completing the online order form.
In order to facilitate the identification of the Internet user by the simultaneous provision of the e-mail address and the password, the latter expressly authorizes Calais Vins to place on his hard disk a file called "Cookie" whose sole purpose is to facilitate such identification.
The Internet user retains the possibility of refusing Cookies by configuring his Internet browser, he then loses the possibility of personalizing the service delivered to him by Calais Vins via its website www.calais-vins.com
If the Internet user benefits from a special offer, he must first enter a code which will have been allocated to him in the field provided for this purpose, it being specified that a promotional offer cannot be combined with another of this nature.
- Article 5.2: 2nd stage of the order
Any purchase order is validated by the Internet user on the payment page of the order.
Once this page has been validated, this constitutes irrevocable acceptance of the General Conditions of Sale, acceptance which can only be called into question within the limits provided for by the said conditions and which constitutes registration of the Internet user's order.
The validation of the order associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature which has value between the parties in the same way as a handwritten signature.
The Internet user will be able to print the summary of his order.
Calais Vins undertakes to honor orders received on the www.calais-vins.com website only within the limits of available stocks and within the framework of its General Conditions of Sale.
As soon as the order is validated, it will be sent to Calais Vins' logistics services for processing. The Internet user will receive, from the registration of his order, a first automatic e-mail of acknowledgment of receipt thereof, worth taking into account by Calais Vins of this one without guarantee however of the availability of the product. item or product.
The Contract is formed when the order confirmation is issued, without prejudice to the provisions relating to the transfer of ownership.
Calais Vins will confirm to the Internet user the following contractual information: identity and contact details of the seller, delivery costs, terms of payment and delivery, existence of the right of withdrawal, period of validity of the offer.
This confirmation will be made by e-mail or on any other durable medium, and this at the latest at the time of delivery of the order, on the delivery note.
- Article 5.3: Tracking and archiving of your order
At any time, the Internet user can obtain information on the follow-up of his Internet order:
on www.calais-vins.com under “My orders” in “My space”,
or by contacting Calais Vins using the form provided for this purpose on www.calais-vins.com in the “Contact us” section
or by post to SARL Les Vins Du Littoral (Calais Vins) – Rue Gutemberg, Zone Curie - 62100 Calais France
The Internet User's invoice is available directly on the www.calais-vins.com website in the “My Account” section accessible from the home page. By entering his e-mail address and password, the Internet user can print the invoice relating to his order.
The Internet user must keep his invoice, it will serve him in case of exchange or refund.
Orders are archived on our server for a period of 10 years from the last order. At any time, the Internet user can access the details of his orders by contacting Calais Vins using the form provided for this purpose on www.calais-vins.com in the “Contact us” section.
Article 6: Payment
The Internet user has the option of paying by credit card or electronic gift vouchers by simply entering the code appearing on it directly on the www.calais-vins.com site, excluding any other means of payment.
Calais Vins has put in place the technical means necessary to secure orders and related payments made on its site by the Internet user (see Article 7).
- Article 6.1: Payment by credit card on the site
On the occasion of the validation of his order, the Internet user provides the number of his bank card associated with the expiry date and the cryptogram consisting of the last three digits appearing on the back of it.
Calais Vins debits from the Internet user's account on the date of the order.
- Article 6.2: Payment by gift vouchers.
The holder of the gift voucher will only have to enter the "gift" number which will have been communicated to him by e-mail.
- Article 6.3: Default of payment
Calais Vins reserves the right to refuse to make a delivery or to honor an order from an Internet user who has not fully or partially paid for a previous order or with whom a dispute is under administration.
Article 7: Security of payments
- Article 7.1: Secure payment
When the Internet user pays by credit card, he is invited at the end of the order to indicate his card number, the expiry date and the last three digits appearing on the back of it. Various accesses to authorization distributors are then carried out in order to verify the data to prevent abuse and fraud. For this, the server is in encrypted mode and all the information conveyed is coded.
None of this data is transmitted unencrypted over the Internet.
In all cases, the online provision of his card number and the final validation of his order will constitute proof of the integrity of the order and the payment of the sums due in execution of the said order.
This validation is worth signature and express acceptance of all the operations carried out on the Site.
- Article 7.2: Safety devices.
To ensure payment security, the www.calais-vins.com website uses the PayBox secure payment service. This service incorporates the SSL security standard.
Confidential data (the 16-digit bank card number and the expiry date) are sent encrypted directly to the PayBox server without passing through the physical media of the www.calais-vins.com server.
When the order is validated, the payment request is routed in real time to the secure remote payment manager. This sends an authorization request to the bank card network. The online payment manager issues an electronic certificate.
Calais Vins, in collaboration with PayBox, checks all orders that have been validated on the www.calais-vins.com website. These controls aim to protect Calais Vins and its customers from abusive practices carried out by fraudsters.
For an order that has a delivery address different from the billing address, the Calais Vins departments may contact the two people mentioned; namely, the person attached to the billing address and the one indicated for the delivery address.
As part of these procedures, these services may be required to ask the Internet user for all the documents necessary to release his order: proof of address and debit in his name, but also proof of address in the name of the person indicated for delivery address, etc. These requests are made by email, then by mail with AR
The information provided in the order form is subject to automated data processing for which PayBox is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.
PayBox and Calais Vins are the recipients of the data collected in the order form. The non-transmission of data by the Internet user on the order form prevents the realization and analysis of his order.
The occurrence of an outstanding payment due to fraudulent use of a credit card will result in the registration of the details of the order form associated with this outstanding payment in a payment incident file implemented by PayBox.
An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the Data Protection Act of January 6, 1978, the Internet user has, at any time, a right of access, rectification, and opposition to all of his personal data, by writing by mail and by proving his identity to:
SARL Les Vins Du Littoral (Calais Vins) – Rue Gutemberg, Zone Curie - 62100 Calais France
Article 8: Refunds
Article 9: Signature and proof
For any payment by bank card on the www.calais-vins.com website, the electronic certificate issued by the electronic payment manager will serve as proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 and following of the Civil Code.
The computerized registers, kept in the computer systems of Calais Vins will be considered as proof of the communications, orders and payments made between the parties.
In this regard, the dates and times of the server will prevail between the parties.
Article 10: Liability
Calais Vins cannot be held responsible for the non-execution of the order concluded, due to the occurrence of an event of force majeure and in particular in the event of a total or partial strike by the postal services, carriers, and disasters caused by floods or fires.
Calais Vins cannot be held liable for any inconvenience or damage inherent in the use of the Internet network and totally outside the diligence and precautions taken by Calais Vins.
In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses cannot engage the responsibility of Calais Vins.
In the event of non-delivery of an order or part of an order, the Internet user has a maximum of 30 days (from the date of the provisional term of delivery of the order) to manifest himself. Beyond this period, no complaint will be accepted.
Similarly, any event qualified as force majeure, within the meaning of the case law of the Court of Cassation, completely exonerates Calais Vins from any liability.
Article 11: Personal data
The collection of personal data of the Internet user is necessary to take into account his order.
By indicating his e-mail, he will receive a confirmation of his order, but also information on promotional offers from Calais Vins as well as on events via the Internet.
In accordance with the Data Protection Act of January 6, 1978, the Internet user has a right of access and opposition to information concerning him. He can exercise it:
- by writing to the following address: SARL Les Vins Du Littoral (Calais Vins) – Rue Gutemberg, Zone Curie - 62100 Calais France
- or by completing the corresponding form on www.calais-vins.com;
The Internet user receives promotional offers from Calais Vins, if he does not wish it, he just has to report it:
on www.calais-vins.com under “My information” in “My space”,
or by contacting Calais Vins using the form provided for this purpose on www.calais-vins.com in the “Contact us” section
or by post to SARL Les Vins Du Littoral (Calais Vins) – Rue Gutemberg, Zone Curie - 62100 Calais France
Calais Vins reserves the right to collect data on the Internet user by using “Cookies” on the website (cf. Article 5.1).
The Internet user is informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under the number "1856822 v0".
Article 12: Intellectual property
Calais Vins is the owner of the rights to the texts, the general architecture, the animated or still images, the graphics and the sounds of the site www.calais-vins.com
In accordance with article L122-4 of the Intellectual Property Code, any representation or reproduction in whole or in part made without the consent of Calais Vins is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Violation of the provisions of Article L122-4 constitutes an infringement within the meaning of Article L335-2, which constitutes an offense punishable by 2 years' imprisonment and a fine of 150,000 euros.
The Calais Vins trademarks as well as the logos present on the www.calais-vins.com site are registered trademarks. The reproduction, imitation, use, position, deletion or modification of a registered trademark constitutes an infringement which may be punished by 2 years' imprisonment and a fine of 150,000 euros.
No provision of these General Conditions of Sale may be interpreted as granting the Internet user a right of any kind whatsoever to the elements protected by intellectual property, of which Calais Vins may have the property or the exclusive right of exploitation.
Internet users who have a personal Internet site and who wish to place, for personal use, on their site a link directly to the Homepage of the site www.calais-vins.com, must request prior authorization de Calais Vins, since in no case can this said link be understood as an implicit agreement.
In any case, any link, even tacitly authorized, must be removed on simple request from Calais Vins.
Article 13: Entire contract
These General Conditions of Sale concluded between Calais Vins and the Internet user express all the rights and obligations of the parties.
No document, no indication, no correspondence can generate obligations under these General Conditions of Sale, if they are not the subject of an amendment signed by both parties.
If a particular provision of these General Conditions of Sale is held to be invalid or declared as such by a decision having the force of res judicata of a competent court at the Court of Boulogne sur Mer (62200) or if one of the clauses of the these Conditions would be null and void by a change of legislation, regulation, the other stipulations will keep all their force and their range.
This can in no way affect the validity and compliance with these General Conditions of Sale.
Article 14: Disputes
Any legal action will be brought before the competent courts of Boulogne sur Mer, jurisdiction of the head office of Calais Vins.
These General Terms and Conditions of Sale are subject to French law.
Article 15: Mediator
Under the terms of article L612-1 of the Consumer Code, “Any consumer has the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer the effective use of a consumer mediation system.
Before contacting the consumer mediator, the consumer must already have tried to resolve his dispute directly with the professional by a written complaint or have made a complaint under the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a specific process and according to the texts in force. The procedure is free for the consumer (R612-1 of the Consumer Code).
Address of the mediator: Tourism and Travel Mediation Association, 15 AV CARNOT, 75017 PARIS