General Terms & Conditions of Sale
Solicantus aims to market quality wines to its customers to whom it wishes to provide the best service. These General Conditions of Sale, hereinafter "GTC" have been drawn up in this spirit. They apply to all our rates, canceling the previous ones and are subject to change without notice. The provisions of our T & Cs prevail over those of the customer's special conditions of purchase which apply only to points not provided for and regulated by our T & Cs and within the limit of their written acceptance by the Solicantus.
ARTICLE 1 - Scope
These GTCS apply, without restriction or reservation to any purchase of goods and products ('the goods' or 'the products') offered by the Solicantus ('the seller' or 'the supplier') to consumers and non-professional customers. ('Customers or the Customer or the consumer or the consumers') on its website www.solicantus.fr, hereinafter "The Site". Access to the Site is free and open.
The main and essential characteristics of the wines and products are presented on The Site. The Customer is required to take cognizance of it before placing an order. The choice and purchase of a product is the sole responsibility of the Customer. Solicantus is part of a company, SARL Wine Iquaxion with a Capital of 500 € euros, whose head office is located at 46T Bat A Entree B Rue de Leybardie Bordeaux.
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other product marketing channels.
These T & Cs are accessible at any time on the site and will prevail, where applicable, over any other version or any other contradictory document. The T & Cs are made available to consumers on the Site via the hypertext link "General Conditions" where they can be viewed directly; they can also be communicated to the consumer on request.
The consumer agrees by validating his order and these GTC to be of legal age and have legal capacity.
Unless proven otherwise, the data recorded in the vendor's computer system constitutes proof of all transactions concluded with the Customer.
In accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying his identity, at Wine Iquaxion 46T Bat A Entree B Rue de Leybardie 33300 Bordeaux. The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure as well as the general conditions of use of the Site. Unless proven otherwise, the data recorded by Wine Iquaxion constitutes proof of all transactions made by Wine Iquaxion and the Customer via The Site. The validation of the order of products by the Customer implies acceptance without restriction or reservation of these GTC. These T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Site on the date the order is placed. The products presented on the Site are offered for sale for European territories. Customs duties or other local taxes or import duties or state taxes are
likely to be payable. They will be the responsibility and are the sole responsibility of the Customer. The modifications of these GTC are opposable to the users of the Site as from their posting on line and cannot apply to the transactions concluded previously.
ARTICLE 2 - Orders
The Customer selects on the site the products he wishes to order, according to the following methods: the Customer chooses his products and clicks on "Add to Cart". Then the Customer goes to his basket, checks that the information is correct and he will choose his delivery method as well as his payment method. He must click on "Validate". Then he must log into his account or create one and must proceed to payment. The contractual information is presented in French and is the subject of a confirmation at the latest at the time of the validation of the order by the Customer. For orders placed exclusively on the internet, the registration of an order on the Seller's site is carried out when the Customer accepts these T & Cs by checking the box provided for this purpose and confirms his order. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance (article 1127-2 of the Civil Code). This validation implies acceptance of all of these T & Cs and constitutes proof of the sales contract. The sale of Products will not be considered final until the Customer has sent confirmation of the acceptance of the order by the Seller, by e-mail and after receipt by the latter of the full price. Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Wine Iquaxion reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order. Any changes to the order by the Customer, other than exercising their right of withdrawal can only be taken into account by the Seller within the limits of their possibilities and on condition that they are notified electronically to the Seller one day. at least before the date scheduled for the supply of the Products ordered. If necessary, these changes will result in the establishment of a new billing and an adjustment of the price. In the event that these modifications cannot be accepted by the Seller, the sums paid by the Customer will be returned to him within a maximum period of two months from the notification of the impossibility of accepting the modifications made by the Seller to of the Customer (unless the latter prefers to benefit from a credit note).
ARTICLE 3 - Prices
The wines and Products offered by the Seller are provided at the rates in effect on the Site, when the order is registered by the Seller. The prices are expressed in Euros including all taxes. The prices take into account any reductions that would be granted by the Seller under the conditions specified on the Site. These prices are firm and cannot be revised during their period of validity, as indicated on the site, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing and management and transport, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the award.
of the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is established by the Seller and given to the Customer when the Products ordered are supplied.
ARTICLE 4 - Payment terms
The price is payable in cash, in full on the day the order is placed by the Customer, in accordance with the terms specified in the "Orders" article above, by means of secure payment by bank card.
Payment data is exchanged in encrypted mode. The Seller will not be required to supply the Products ordered by the Customer if the price has not been paid in full beforehand under the conditions and above indicated.
Payments made by the Customer will only be considered final after actual receipt of the sums due by the Seller.
ARTICLE 5 - Supply of Products - Delivery times and costs
The Products ordered by the Customer will be supplied within a timeframe that may range from 3 to 30 days from the final validation of the Customer's order, depending on the delivery providers, under the conditions provided for in these GTC supplemented by the special conditions. of sales given to the Customer together with these GTC, at the address indicated by the Customer when ordering on the site. The Seller undertakes to make its best efforts to provide the Products ordered by the Customer, within the framework of an obligation of means and within the deadlines specified above. If the Products ordered are unavailable, the Seller will immediately inform the Customer of this and the consumer may offer him a product of equivalent quality and price.
If the products ordered have not been supplied within one month after the indicative date specified above, for any reason other than force majeure or the fact of the Customer, the sale may be canceled at the written request of the Customer. under the conditions provided for in Articles L 216-2 L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or withholding.
For transport to mainland France, € 10 including tax will be charged for an article of 2 bottles, € 11 for an article of 3 bottles, and € 16 for an article of 6 bottles.
In the event of a specific request from the Customer concerning the conditions of supply of the Services, duly accepted in writing by the Service Provider, the related costs will be the subject of a subsequent specific additional billing. In the absence of reservations or complaints expressly made by the Customer upon receipt of the Products, they will be deemed to comply with the order, in quantity and quality.
The Customer will have 14 days from the supply of the Products to issue, in writing, such reservations or complaints, with all the supporting documents relating thereto, to the Seller. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer. The Seller will reimburse or rectify the Customer (as far as possible) as soon as possible and at its expense, according to the appropriate terms and agreed by the Customer, the Products for which the lack of conformity has been duly proved by the Customer.
ARTICLE 6 - Duration of the offer
The online sales offers presented on the Site are valid, in the absence of specific duration indication, as long as the products appear on the Site and within the limits of available stocks.
ARTICLE 7 - Right of withdrawal
The Customer has, in accordance with the law, a withdrawal period of 14 days from the conclusion of the contract to exercise his right of withdrawal from the Seller and cancel his order, without having to justify reasons or pay a penalty, at the end of an exchange or refund.
The right of withdrawal can be exercised by post sent to the address of Wine Iquaxion or by email to firstname.lastname@example.org mentioning the order concerned by this withdrawal. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Products ordered will be refunded. The reimbursement of the sums actually paid by the Customer will be made no later than 14 days from the receipt by the Seller of the Customer's notification of withdrawal.
ARTICLE 8 - Responsibility of the Service Provider - Guarantee
The Seller guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity, resulting from a design or manufacturing defect in the Products ordered.
In order to assert his rights, the Customer must inform the Seller, in writing or by email, of the existence of any lack of conformity within a maximum period of 14 days from the supply of the Products. The Seller will reimburse or rectify or have rectified (as far as possible) the Products deemed to be defective as soon as possible. The refund will be made by credit to the Customer's bank account or by check sent to the Customer. The Seller's guarantee is limited to the reimbursement of the Products actually paid for by the Customer and the Seller cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure usually recognized by French case law. The Products supplied through the Seller's Site comply with the regulations in force in France. The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the Products are supplied, which it is up to the Customer, who is solely responsible for the choice of the Products ordered, to verify.
ARTICLE 9 - Information Technology and Freedoms
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. These data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated through the Site has been declared to the CNIL. The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the methods defined on the Site.
ARTICLE 10 - Intellectual property
The content of the Site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting. In addition, the Seller remains the owner of all intellectual property rights in the photographs, presentations, studies, drawings, models, etc., produced (even at the Customer's request) with a view to supplying the Products to the Customer. The Customer therefore refrains from any reproduction or exploitation of said studies, drawings, models, etc., without the express, written and prior authorization of the Seller who may make it conditional on financial compensation.
ARTICLE 11 - Unpredictability
These GTC expressly exclude the legal contingency regime provided for in article 1195 of the Civil Code for all orders. The Seller and Customer therefore each waive the right to avail themselves of the provisions of article 1195 of the Civil Code and the unforeseen regime provided for therein, committing to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time of the conclusion of the sale, even though their execution would prove to be excessively onerous and bear all the economic and financial consequences.
ARTICLE 12 - Forced execution in kind
By way of derogation from the provisions of article 1221 of the Civil Code, the Parties agree that in the event of a breach by either Party of its obligations, the Party victim of the default may not request forced execution.
ARTICLE 13 - Force majeure
The Parties cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code. The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause for the suspension of their reciprocal obligations has disappeared, the parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented party will notify the other of the resumption of its obligation by registered letter with request for acknowledgment of receipt or any extrajudicial act. If the impediment is final or exceeds a period of 30 days, these will be purely and simply resolved in accordance with the terms defined in the article "Resolution for force majeure".
ARTICLE 14 - Termination of the contract
It is expressly agreed that the parties may automatically terminate this contract, without notice or formality in the event of force majeure.
ARTICLE 15 - Applicable law - Language
These GTC and the operations resulting from them are governed and subject to French law. These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 16 - Disputes
ALL DISPUTES TO WHICH THE PURCHASE AND SALE OPERATIONS CONCLUDED IN APPLICATION OF THESE GENERAL CONDITIONS OF SALE MAY GIVE RISE, CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR PERFORMANCE, THEIR TERMINATION, THEIR CONSEQUENCES AND THEIR FOLLOW-UP AND WHICH HAVE NOT BEEN FOLLOWED. TO BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER WILL BE SUBJECT TO COMPETENT COURTS UNDER THE CONDITIONS OF COMMON LAW.
The Customer is informed that he may in any event have recourse to conventional mediation, in particular with the Commission for consumer mediation (C. consom. Art. L 612-1) or with existing sectoral mediation bodies. , or any alternative mode
dispute settlement (conciliation, for example) in the event of a dispute.
ARTICLE 17 - Pre-contractual information - Customer acceptance
The Customer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these GTCS and all the information listed in Article L. 221-5 of the Code of consumption, and in particular the following information:
- the essential characteristics of the wines and products, taking into account the communication medium used
- the price of the Services and ancillary costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to supply the Products ordered;
- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if it does not appear from the context,
- information relating to legal and contractual guarantees and their implementation methods;
- the functionalities of the digital content and, where appropriate, its interoperability;
- the possibility of resorting to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (existence, conditions, time limit, methods of exercising this right and standard withdrawal form), the terms of termination and other important contractual conditions.
- the accepted payment methods.
- The photographs illustrating the products do not constitute a contractual document The fact for a natural (or legal) person to order on the Site implies full and complete acceptance and acceptance of these GTC and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.
The photos illustrating the products are not contractual.