The website www.vinesime.fr is produced by the company BOURGOGNE BEAUTE, SARL with a capital of 60 000 Euros, registered on the Trade and Companies Register of Dijon (FRANCE) under the number 802 125 351, whose headquarters are at: Chemin de Saule – Brochon – 21220 GEVREY CHAMBERTIN (FRANCE)
These general conditions of sale are intended, first, to inform any potential customer on the terms and conditions under which the seller makes the sale and delivery of products ordered, and, secondly, to define the rights and obligations of the parties in connection with the sale of goods by the seller to the consumer. They apply, without limitation or qualification, to all sales by the company BOURGOGNE BEAUTE, products offered on its website. These apply to the exclusion of any other document. The BOURGOGNE BEAUTE company reserves the right to change at any time these terms and conditions of sale. In this case, the conditions will be those in force at the date of the order by the buyer.
2. Products and price
In accordance with Article L. 111-1 of the Consumer Code, the user may, prior to his order, take note on the VINESIME website of the essential characteristics of the product they wish to order. The buyer selects one or several products among the different categories available on the website VINESIME. Tenders submitted by VINESIME are valid while stocks last. VINESIME reserves the right to alter product offerings based on particular constraints related to its suppliers. The photographs, graphics and descriptions of products offered for sale are only indicative and not binding on the seller. Should a supplier change a product, the graphical representation of it does not establish any liability of the seller or even affect the validity of the sale.
The selling prices of the products online on VINESIME website, indicated in Euros, are those applicable at the time of registration of order by the purchaser. They do not include shipping and order processing, VAT charged in addition to the price of products purchased according to the amount of the order. Shipping charges are shown before the registration of the order by the purchaser. Prices include tax (VAT) applicable on the date of the order and any change in the applicable rate will be reflected in the price of products sold by VINESIME within its website. Selling prices of products may change at any time by VINESIME. This change will be reported to the purchaser before any order.
3. Registration and order confirmation
3.1. Navigation within the Website
The User can read about the various products offered for sale by VINESIME on its Website. He can freely browse the various pages of the Website, without being committed to a purchase. The User shall continue to pay the cost of telecommunications when accessing the Internet access and browsing the website.
Any purchase assumes membership without restrictions nor reserve to these sale terms and conditions. From the moment the buyer has registered his order , he is deemed to have accepted knowingly and unreservedly these general conditions of sale, prices, volumes and quantities of the products offered for sale and ordered. The buyer agrees and understands that the entry of any identifier is proof of his identity and that gives his consent. Once identified, an order form will appear, summarizing the details of the order: the nature, quantity and price of the products retained by the purchaser and the total amount of the order, the buyers’ contact information and the address for the products delivery.
3.3. Final confirmation of the purchase
After reviewing the status of his order, and once all the information requested have been completed by the purchaser, he will click on the box "Confirm Order" to pay for his order. He will choose the payment method he wishes to use to set the order, provided that the buyer shall have the means of payment as defined in section 4. below. He clicks on the button for the payment method he chooses. The sale will be considered final when a confirmation e-mail will be submitted to the purchaser of the order by BOURGOGNE BEAUTE and receipt of the full price. BOURGOGNE BEAUTE recommends that the buyer retains this information on paper or on the computer. Any fraudulent purchase or suspected as such, will be considered by BOURGOGNE BEAUTE as null and void.
3.4. Other means of purchase
By printing the order form available on the website, by filling it, signing it and sending it to us with the payment: BY MAIL (by check only)
13 rue du Champ aux Prêtres
21850 Saint Apollinaire
Payment must be made when the order is finalized by the purchaser. At no time, will the payments be regarded as a deposit or account. All orders are payable in Euros.Buyer ensures to BOURGOGNE BEAUTE he has the required permission to use the payment method he chose, when the order form is registered. BOURGOGNE BEAUTE reserves the right to suspend or cancel any orders and / or delivery, whatever its nature and level of performance, for non-payment of any sum payable by the purchaser in case of a payment incident or if a dispute exists with the buyer. Penalties in an amount equal to the legal interest rate increased by five points are automatically applicable in every right to amounts unpaid for at the end of a period of ten days following the invoice date or upon notification of the rejection of payment from the bank any other means of payment. The delivery of any new order may be suspended in case of late payment of a previous order, notwithstanding the provisions hereof. For any payment, BOURGOGNE BEAUTE reserves the right to request a photocopy of the identity card of the purchaser and if any, of that holder's method of payment used by the Purchaser. As part of the fight against Internet fraud, information about your order may be passed to any third party for verification. - Credit cards accepted on the site are: Credit Card, Visa and Master Card. Payments can be made by credit card and will be made through the secure system CyberPlus Payment (online payment tool provided by the Banque Populaire). It uses SSL (Secure Socket Layer) so that the transmitted information is encrypted by software and no third party can read it in transit on the network. When paying by credit card, the buyer's account will be debited on the day of his order. BOURGOGNE BEAUTE will send the products to the earliest 5 working days after receipt of the money corresponding to the said order, subject to provisions.
5. Product choice
The buyer having read the products and their characteristics, marketed by BOURGOGNE BEAUTE, has sole responsibility, and according to his needs as he has previously defined them before ordering, chosen the product or the products subject to his order. In addition, the Buyer knowing the products he owns and uses is the sole judge of the compatibility of the products ordered with those used by him. It belongs exclusively to the Buyer, if he does not feel sufficiently competent, to be assisted by an advice.
6. Delivery and reception
6.1. General Rules
Products will be delivered to the address specified by the Purchaser on the purchase order, destination to be consistent with the geographical area previously agreed. By default, invoices are sent to the email address specified by the Customer during registration. Failure to comply with the procedures outlined below, no claim by the Purchaser will be accepted. Shipping charges include packaging, handling and postage. They may contain a fixed and a variable part based on price or weight of your order. We advise you to group your items in one order. We can not group two distinct orders and you must pay the shipping costs for each. Your package will be dispatched at your own risk, but special care is taken to protect fragile parcels.
Delivery times, following confirmation of your order, are: - Chronopost: 1 to 3 working days, depending on your geographical location. All orders confirmed before 12pm, Monday to Friday (excluding holidays), are generally processed the same day according to stock capacity. All orders confirmed Friday between 12am and Sunday night are usually processed the following Monday (except public holidays). These periods are provided as information purposes. Any delay can result in damages, withholding or cancellation of order by the Purchaser. In any case, and pursuant to the provisions of Article L. 121-20-3 of the Consumer Code, the products ordered will be delivered within a maximum of thirty days from the day after the Buyer has registered his order, subject to full payment. If the delivery happens at the end of this period, the Purchaser shall have the option to cancel the order. The sums paid by the Buyer will be refunded without delay, to the exclusion of any other compensation. In case of late delivery from the initial date, the Purchaser shall notify in writing (letter, email) to BOURGOGNE BEAUTE to improve the quality of service which can be offered to him and allow BOURGOGNE BEAUTE to start an investigation on the delivery company. An investigation may take up to 21 working days. If during this period, the product is found, it will immediately be re-routed to the delivery point specified in the order. However, if the item is not found within 21 days of investigation, BOURGOGNE BEAUTE proceeds at its own expense to a new shipment of the products ordered by Buyer.
6.3. Unavailable products
Products are offered according to their availability. In case of unavailability of any of the Products, the Buyer will be informed at the earliest. This information may be notified, whenever possible, as follows: - When establishing the purchase; - Following the confirmation of his order, prior to delivery, via e-mail. BOURGOGNE BEAUTE will then arrange with the Banque Populaire to subtract the price (s) of (of) product (s) not available (s) the amount withdrawn from the bank account of the Buyer, if the payment was made by credit card. In all these cases, the Buyer will have the option to cancel the order by requesting either a refund of amounts paid within thirty (30) days later after collection, by e-mail to email@example.com or the exchange of the products available. In case of exchange of product, delivery charges will be taken care of by the consumer.
7. Right of withdrawal
Following Article L. 121-20 of the Consumer Code, the Buyer has a period of fourteen days from the date of receipt to return at its expense, products ordered, for reimbursement. The products must be returned to BOURGOGNE BEAUTE in perfect condition for resale in their original state (packaging, accessories, manuals ...), duly sealed and accompanied by the return number obtained as described in section 8 below. When a buyer returns goods, all risk associated with returning the product is borne by the buyer. If the above conditions are met, BOURGOGNE BEAUTE exchanges the product or refunds to Buyer within fourteen days, the amounts corresponding to products acquired by him.
8. Return products by mail
To return an item, the buyer must first contact the company BOURGOGNE BEAUTE to get a return number. He can do it by e-mail to firstname.lastname@example.org, specifying the order number and reference number of the articles concerned as mentioned in the delivery slip. Once the return number obtained, the Purchaser will send the parcel in question to the following address:
13 rue du Champ aux Prêtres
21850 Saint Apollinaire
BOURGOGNE BEAUTE does not accept any return package if not accompanied by a return number. BOURGOGNE BEAUTE does not accept parcels addressed with postage due. Failure to comply with the procedure outlined above and delay specified above, the purchaser will not be able to make any claim for non-compliance or defect of goods delivered, the products then being deemed compliant and free from defect.
9. Property reserve
BOURGOGNE BEAUTE retains full ownership of the products until full payment is received, in general, fees and taxes included.
BOURGOGNE BEAUTE will not be held accountable for all breach of contract in case of shortage or unavailability of the product due to a force majeure, disruption or total or partial strike of postal services and means of transport and / or communications. BOURGOGNE BEAUTE will not be liable for any loss of data or files. It is the Buyers’ responsability to conduct all the necessary safeguards. BOURGOGNE BEAUTE’s website also contains information from third parties, and links to other websites. BOURGOGNE BEAUTE will in no circumstances be held liable for damages resulting from the use, access to, or inability to use these third-party information, or content of other websites.
11. Partial invalidity
If one or more provisions of these terms of sale are held to be invalid or declared as such under any law, regulation or after a final decision of a competent jurisdiction, the remaining provisions will keep their full force and effect.
12. No waiver
The failure of either party not to claim a breach with the other party to any of the obligations referred to in these terms and conditions of sale can not be interpreted in the future as a waiver to the obligation in question.
13. "Data Protection"
13.1. Personal information
The piece of information collected in connection with distance selling is required, this information is necessary for the processing and delivery of orders and for preparing invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order. In accordance with Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms, the processing of personal information collected on the website has been declared to the National Commission Data Protection Authority. The User has a right to access, modify, rectify and delete data. To exercise this right, the User must send a mail to BOURGOGNE BEAUTE.
BOURGOGNE BEAUTE reserves the right to install cookies on the computers of visitors of its website. A cookie does not identify you. This is a computer file stored on the hard disk of User’s PC. It is intended to indicate previous visits of the User on the website. Cookies are used by BOURGOGNE BEAUTE in order to personalize the service offered to the User.
14. Intellectual Property
All elements of BOURGOGNE BEAUTE website are the intellectual and exclusive property of BOURGOGNE BEAUTE. Nobody is allowed to reproduce, use, repost, or use for any purpose whatsoever, even partially, the elements of the website whether they are software, video or audio.
15. Applicable legislation and Jurisdiction
Sales of products from the company BOURGOGNE BEAUTE are subject to French law, whatever the country of residence of the Purchaser and place of issuance of the Order. Any dispute concerning the existence, interpretation, performance or breach of contract between the buyer and BOURGOGNE BEAUTE, even in cases of multiple defendants, in default of agreement, will be in the exclusive jurisdiction of the French courts’ jurisdiction under the rules issued by the French Civil Procedure Code.