General terms and conditions of sale

General terms and conditions of sale

Article 1: Company

Les Robes Noires is a Limited Liability Farm, with a share capital of 807,500.00 euros, whose registered office is located́ in France, at Alignan-du-Vent (34290), Domaine du Bourdic.

The company, whose co-managers are Mrs Sarah Discours and Mr Aymeric Discours, is registered in the Béziers Trade and Companies Register under number 899 131 759.

SIRET : 899 131 759 00024

TVA intra-community: FR83899131759

Directors of publication: Ms Sarah Discours and Mr Aymeric Discours.

Site hosted by : OVH, 2 rue Kellermann, 59100 Roubaix (France)

Article 2: Application of the general conditions of sale

The present general conditions of sale apply to all purchases made from the company Les Robes Noires, on its online shop via the website www.lesrobesnoires.com. To find out the conditions of his order, the customer can click at any time, even before placing an order, on ” General terms and conditions of sale ».

Placing an order implies the customer’s full and unrestricted acceptance of the various clauses of these general conditions of sale. Only a written agreement accepted by both parties and stipulating special conditions between them can be opposed to the company Les Robes Noires. In the absence of such a writing, the present general conditions of sale shall prevail in the contractual relations between the customer and the company Les Robes Noires.

The offers presented by Les Robes Noires are accessible to private customers as well as to professionals (companies, restaurants, wine shops, distribution).

The customer declares before final validation of his order to have accepted the present general conditions of sale and, consequently, to adhere to them entirely.

Article 3: Ordering procedures

All orders are placed on the website www.lesrobesnoires.com.

The customer builds up a basket by choosing the number of products he wants. Once they have made their selection, the customer validates their basket and their payment method.

After accepting the general terms and conditions of sale, the orders become final after payment of the products, subject to the following paragraphs.

The company Les Robes Noires is entitled to demand proof of identity and domicile (Kbis extract and intra-community VAT number for legal entities) from the customer to validate the order. In case of refusal on the part of the customer, or non-conformity of the parts supplied, the company Les Robes Noires can refuse and cancel the order.

The company Les Robes Noires also reserves the right to cancel certain orders if it considers that they present anomalies or irregularities (doubts about the identity of the client, usurpation, etc.).

An invoice is issued by the company Les Robes Noires and sent to the customer by e-mail after final validation of the order. At the express request of the customer, to be made by e-mail (info@lesrobesnoires.com), an invoice may be sent by post to his billing address.

In accordance with the terms of law n°80 336 of 1st May 1980, relating to the reservation of ownership, the products remain the property of the company Les Robes Noires until full payment of the invoices.

In any case, delivery can only take place after full payment of the invoice. The customer becomes the full owner and responsible for the articles from the moment of delivery, the transfer of possession being equivalent to the transfer of risk.

Article 4: Payment methods and prices

4.1. Methods of payment

The payment of the products can be done by credit card, via the payment system proposed by the company PayPlug, or by bank transfer.

The following cards are accepted: Bank Card, Visa (which includes Electron), and Mastercard (which includes Maestro), European and international.

Bank transfer :

4.2. Prices

For France, the prices are expressed in euros (€) and displayed including all taxes (French VAT and all other applicable taxes). For other EU countries, the price differs depending on the country of delivery of the product and will take into account the local VAT of the country of consumption and other taxes (excise).

The price indicated on the page “Our Production” corresponds to the price for a delivery in France and will be adjusted, for deliveries outside France, at the time of the order. The price indicated is exclusive of transport costs. On the same product the price can vary according to the quantities chosen. Transport costs vary according to the weight of the order, the delivery method chosen by the customer, and the country of delivery. The applicable delivery rates are mentioned during the ordering process, before final validation of the order.

The company Les Robes Noires reserves the right to modify its sales prices.

All promotional operations (vouchers, discount vouchers, etc.) are limited to one person per household and per operation. The company Les Robes Noires reserves the right to refuse orders that do not meet this criterion.

Article 5: Delivery

Delivery in France : Upon receipt of payment for the order, the company Les Robes Noires launches the transport and delivery operations. The ordered items are delivered to the address provided by the customer. The delivery information provided by the customer is binding. In case of error or lack of information leading to a defect or absence of delivery, the company Les Robes Noires cannot be held responsible. In case of return of the products for incomplete address, the customer will have the possibility either to modify his address and to be resent the goods by bearing the new shipping costs, or to be refunded the order minus the initial shipping costs.

Community delivery The company Les Robes Noires ensures the delivery of its products in the countries of the EU, the United Kingdom and Switzerland in the same way as a national delivery. The delivery conditions and rates are specified during the ordering process.

For all deliveries outside the European Union, please contact Les Robes Noires by e-mail beforehand (info@lesrobesnoires.com) to check that an order and delivery are possible, and under what conditions.

Responsibility for transport The carrier is responsible for the integrity of the package(s) during delivery. It is the customer’s responsibility to check the contents of the package(s) at the time of receipt and to express any reservations as follows: on the delivery note provided by the carrier, or by immediately calling the carrier’s customer service department, in the presence of the delivery person. And, in any case, by notifying the company Les Robes Noires by e-mail and by registered letter with acknowledgement of receipt, addressed to its correspondence address (EARL Les Robes Noires, Domaine du Bourdic, 34290 Alignan-du-Vent), within 2 days of receipt of the package. The customer also has the right to refuse the package if its integrity has not been preserved during transport and delivery.

If all the above conditions are met, the company Les Robes Noires undertakes to offer a reshipment, a credit note or a refund to the injured client.

Deadlines : The company Les Robes Noires undertakes to do everything possible to deliver the products ordered as soon as possible. Delivery times vary depending on the product, the delivery method chosen and the country of destination of the goods. If the products in the same order have different delivery times, the longest delivery time will apply to the entire order.

Article 6: Stock and out of stock

In the event of a stock shortage of an ordered product, the company Les Robes Noires undertakes to keep the customer informed as soon as possible and will offer him different possibilities:

the replacement of the out-of-stock product by another product, in return for a refund or an increase in price, where appropriate, to take account of the price difference between the unavailable product and the proposed replacement product, or

the reimbursement of the only unavailable product(s), with the rest of the order being maintained, or

cancellation and refund of the entire order.

Article 7: Commercial transactions and benefits

All promotional offers on the site www.lesrobesnoires.com are subject to special conditions. Indeed, these operations may be committed for a fixed period or for a limited quantity. At the end of the offer, products are subject to price changes. As a result, the customer benefits from this offer over a period of time and, once this period has expired, the company Les Robes Noires cannot undertake to offer the same advantages to the customer on another future order.

Article 8: Right of withdrawal

8.1. Conditions

This section only concerns sales to natural consumers, as the right of withdrawal does not apply to professionals (businesses, restaurants, wholesalers, wine merchants, distributors, etc.).

Consumers have the right to withdraw from this contract without giving any reason within fourteen days.

This withdrawal period shall expire fourteen days after the day on which the consumer who made the purchase, or a third party other than the carrier and designated by the consumer who made the purchase, takes physical possession of the goods.

To exercise this right of withdrawal, the consumer must notify the company Les Robes Noires of his or her decision to withdraw, by means of an unambiguous written statement (by letter sent by post to the address ” EARL Les Robes Noires, Domaine du Bourdic, 34290 Alignan-du-Vent “, or by e-mail to the address ” info@lesrobesnoires.com »).

In order for the withdrawal period to be respected, it is sufficient for the consumer to transmit to the company Les Robes Noires his communication relating to the exercise of his right of withdrawal before the expiration of the withdrawal period.

8.2. Effects of withdrawal

In the event of withdrawal by the consumer, the company Les Robes Noires shall reimburse him/her for all payments received from him/her, including delivery costs (with the exception of additional costs arising from his/her choice, where applicable, of a method of delivery other than the least expensive method proposed by the company Les Robes Noires, in which case these additional costs shall be borne by him/her and shall be deducted from the reimbursement), without undue delay and, in any case, at the latest fourteen days from the day when the company Les Robes Noires is informed of the consumer’s decision to withdraw, this period may be extended by three working days from receipt of the products to be returned due to the withdrawal, if this receipt occurs after eleven days after receipt by the company Les Robes Noires of the consumer’s communication relating to the exercise of his right of withdrawal.

The company Les Robes Noires will proceed with the reimbursement using the same means of payment as that used for the initial transaction, unless the parties agree otherwise on another means of reimbursement. In any case, this refund will not incur any costs for the consumer.

The consumer exercising his right of withdrawal must return the products in person or send them back to EARL Les Robes Noires, Domaine du Bourdic, 34290 Alignan-du-Vent, without undue delay and, in any event, no later than fourteen days after the expression by the consumer of his decision to withdraw. This period shall be deemed to have been observed if the products are returned before the expiry of the fourteen-day period (provided that proof of this date of dispatch can be provided).

The consumer shall bear the direct costs of returning the products.

The consumer shall only be liable for any damage to the products resulting from handling other than that necessary to establish the nature and characteristics of the products received. In the event that certain products have been started or consumed, the company Les Robes Noires reserves the right to deduct the price of these products (including the initial delivery costs, in proportion to the total order) from the refund made to the consumer.

Article 9: Applicable law and dispute resolution

9.1. Consumer Mediation Service

Amicable settlement of disputes between the trader and the consumer in accordance with Articles L. 611-1 to L. 641-1 and R. 612-1 to R. 616-2 of the Consumer Code.

In the event of an unresolved dispute between a professional and a consumer, the consumer has the possibility (not an obligation) to refer the matter to the Consumer Ombudsman.

Before referring the matter to the Consumer Ombudsman, the consumer must first have tried to resolve the dispute directly with the trader by means of a written complaint, or have made a complaint under the terms of the contract with the trader.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, a consumer mediation will take place according to a precise process and the texts in force.

To contact the Consumer Ombudsman: MEDIATION – VIVONS MIEUX ENSEMBLE, website address: www.mediation-vivons-mieux-ensemble.fr

Address of the Ombudsman: 465 avenue de la Libération 54 000 NANCY

Important: Never send defective, disputed or refundable items to the Consumer Ombudsman. Never send the original documents to the Consumer Ombudsman. Please make photocopies

9.2. Applicable law and jurisdiction

The present general conditions of sale and, more generally, the contract concluded between the customer and the company Les Robes Noires, are governed by exclusively by French law, the company Les Robes Noires expressly declaring that it would not have contracted if another law than French law had been applicable to the contract, in whole or in part.

If any provision of these conditions is found to be invalid, this shall not affect the validity of or compliance with these conditions. The invalid clause will then be replaced by another clause, as close as possible to the original clause (but retaining as far as possible the original scope of the invalid clause), by mutual agreement between the parties or, in the absence of agreement, by the court or, if it is impossible for the court to determine the original intention of the parties, by the applicable provisions of French law.

In the event of persistent disagreement concerning the present contract and in the absence of an amicable agreement, any dispute will be referred to the French courts with material and territorial jurisdiction.

With regard to the contracts concluded between the company Les Robes Noires and (i) a French trader or (ii) a person who is not resident in France and is not a consumer, the competent court in the first instance shall be the Commercial Court of Béziers, to the exclusion of any other jurisdiction.

FIN DE NON RECEIVIR – Any customer, consumer or not, undertakes to try to find an amicable solution with the company Les Robes Noires to any dispute that may arise. Any legal action not preceded by a reasonable attempt at amicable settlement (taking the form at least of a written complaint preceded by a period of amicable discussions of at least fifteen days) shall be rejected as inadmissible.

Article 10: Protection of minors

The provisions of the Public Health Code concerning the sale of alcohol to minors were amended by Article 93 of Law 2009-879 of 21 July 2009 on hospital reform and patients, health and territories. The sale of alcohol is forbidden in France to under 18s.

By accessing our site, the customer declares to be over 18 years old. In addition, with each order, during the validation and before the payment, the customer will confirm his majority by accepting the present general conditions of sale.

Article 11: Data protection

In accordance with the law n° 78-17 of January 6, 1978 relating to Data processing, Files and Liberties, the customer has a right of access, rectification and deletion of data of a personal nature concerning him/her and being the object of processing under the responsibility of the company Les Robes Noires. The customer can exercise this right by contacting the company Les Robes Noires by e-mail (info@lesrobesnoires.com) or by post (EARL Les Robes Noires, Domaine du Bourdic, 34290 Alignan-du-Vent).

In order to meet the needs of customers and to ensure optimal remote service, the company Les Robes Noires is required to record certain personal data (name, first name, address). This information is intended exclusively for the company Les Robes Noires.

Payments by credit card are secured by an SSL-compliant online payment system. Moreover, all the banking information that the customer communicates to the company Les Robes Noires, at the time of his online purchase, is neither stored nor visible on the Internet. The company Les Robes Noires certifies to its customers the confidentiality of their data.

Article 12: Conditions of eligibility for zero-rating for Swiss residents

The company Les Robes Noires offers the possibility to Swiss residents to collect their order at the Domaine du Bourdic, 34290 Alignan-du-Vent and to obtain a tax exemption.

Orders with a minimum purchase value of €175 including VAT and a maximum purchase value of €1,000 including VAT are eligible for zero-rating. Quantities are restricted to 15 units per identical reference and 90 litres of still wine or 10 litres of spirit drinks. The customer has a period of 6 months from the date of the invoice to return the goods to Switzerland. The order will be placed on the site tax included and the reimbursement of the 20% VAT will be made as soon as the recipient has provided proof to the accounting department of the company Les Robes Noires that the goods have been cleared by customs. The refund will be made via the same means of payment as the one used by the customer at the time of the order, unless the parties agree on another means of payment. A €4 fee will be deducted for a refund by bank transfer. To facilitate the procedure, the customer may send to the company Les Robes Noires, by e-mail (info@lesrobesnoires.com), a copy of an identity document showing the place of residence in Switzerland before picking up the order, as well as a bank account number in case of payment by bank transfer. For any order collection on site, please inform us a few days in advance, in order to ensure the presence of an official of the company Les Robes Noires.

Article 13: Visuals

The photos and illustrations used on the site www.lesrobesnoires.com are non-contractual. The images and photographs are the exclusive property of Les Robes Noires and are not free of rights.

ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH,

TO BE CONSUMED IN MODERATION

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