You are currently connected to the Site " https://www.cognac-guillon-painturaud.fr ". The purpose of this document is to inform you about the company and its Terms and Conditions.
The present General Conditions of Sale apply to all orders placed on the website " https://www.cognac-guillon-painturaud.fr "(hereinafter referred to as "the Site").
The present General Conditions of Sale are concluded on the one hand between :
- The Limited Liability Company " CLAUDE THORIN ", whose head office is located in BIARD - 16130 SEGONZAC - France, registered in the Trade and Companies Register of Angoulême under the number 419 391 511, intra-community VAT identification number FR 58 419 391 511.
Hereinafter referred to as the "CLAUDE THORIN" company
And, on the other hand,
- By any natural or legal person wishing to make a purchase via the Website " https://www.cognac-guillon-painturaud.fr ».
Hereinafter referred to as the "Buyer" or the "Customer
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the Site. However, if a condition were to be missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
The Customer acknowledges having, prior to placing the order, read all of the above information and the General Conditions of Sale.
Article 1 - Purpose
Fields of application
The present General Terms and Conditions of Sale aim to define the contractual conditions (Rights and Obligations) between the company CLAUDE THORIN and the Buyer, whether he/she is a professional or a consumer, within the framework of the sale of products by the company CLAUDE THORIN, carried out by means of its commercial site: https://www.cognac-guillon-painturaud.fr.
The present contract is in conformity with the French regulation in force, and more particularly with the Law 2004-575 known as Law for the confidence in the digital economy. It also complies with the recommendations of the OECD in the field of electronic commerce, as well as the provisions of the Châtel law, which came into force on June 1st 2008.
Important: the present contract is made up of the present General Conditions of Sale and the order form. However, the photographs illustrating the products on the Site are not part of the contract. If errors or alterations resulting from the processing of these photographs or from the display on the user's screen have been introduced, the responsibility of the company CLAUDE THORIN may not, under any circumstances, be engaged as a result.
Duration of application and modifications of the General Sales Conditions
These Terms and Conditions of Sale are valid as of November 15, 2012. This edition cancels and replaces the previous versions.
CLAUDE THORIN reserves the right to adapt or modify the present General Terms and Conditions of Sale at any time and without prior notice. In case of modification, the General Terms and Conditions of Sale in force on the day of the order will be applied to each order.
In accordance with Article L. 3342-1 of the Public Health Code applicable to websites selling alcoholic beverages on the Internet, which states that "the sale of alcoholic beverages to minors is prohibited", the Customer undertakes to certify that he/she is of legal age when placing an order.
Thus, the Buyer must be at least eighteen (18) years old, legally capable of contracting and using this Site in accordance with the General Conditions of Sale.
La revente ou la distribution de produits achetés sur https://www.cognac-guillon-painturaud.fr est interdite.
Article 2 - Availability of Products
The products and services offered by the company CLAUDE THORIN are presented on its Site in French. Any citizen of the European Community and of the countries respecting the directive 95/46/CE cannot claim his linguistic ignorance as a clause of cancellation of the contract.
Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. In the event of unavailability of products after the order has been placed, the Customer will be informed by e-mail or by telephone as soon as possible. CLAUDE THORIN will offer to supply a similar product at the same price. In the absence of acceptance, and if the payment has already been debited, it will proceed to reimbursement within a maximum of thirty (30) days.
Due to the specific nature of the Internet network, CLAUDE THORIN does not guarantee the availability of all products and services on its Site in real time.
Article 3 - Geographic Area
The products sold on line presented on the Site are delivered in Metropolitan France (including Corsica) and in the countries of the European Community.
However, it is up to the Customer, importer of the products, to check that it complies with the legal requirements of its country. Thus, the products ordered are imported into the country of destination by and under the responsibility of the Customer. Furthermore, the Customer will take all necessary steps concerning taxes and other customs or import fees and more generally all related costs.
The Customer declares that he/she understands and accepts that he/she cannot validly avail himself/herself of the right of withdrawal set out in Article 13, if he/she does not meet the obligations mentioned in the paragraph above.
Article 4 - Order
Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which can be called into question only in the cases limitativement envisaged in the present contract.
Indeed, the "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature, within the meaning of article 1316-4 of the Civil Code.
Any agreement to an estimate sent by e-mail to the Buyer, and returned to the company CLAUDE THORIN with an explicit agreement also constitutes an irrevocable acceptance.
Article 5 - Ordering process
The Buyer who wishes to purchase a product online must follow the procedure described below.
The Buyer must fill in the identification form on which he/she will indicate all the requested details or give his/her Customer number if he/she already has one. The Buyer must fill in the online order form giving all the references of the chosen products, as well as the desired quantities.
The information and details communicated by the purchaser at the time of the order are binding. In the event of input errors, CLAUDE THORIN shall not be held responsible for the consequences of such errors and the impossibility of ensuring delivery. The present clause is applicable in case of delay or error in delivery: in this case, all costs incurred by the company CLAUDE THORIN for the reshipment of the order will be entirely at the Buyer's expense.
The Buyer checks the details of his order and its total price. He has the possibility to correct possible errors, before confirming, in a second time the order.
The validation of the order implies the acceptance of the General Conditions of Sale, the recognition to have had a perfect knowledge of them and, if necessary, the renunciation to prevail itself of its own conditions of purchase or other conditions.
Article 6 - Confirmation of the order
All orders placed with CLAUDE THORIN must be confirmed by the latter for the order to be definitively accepted.
CLAUDE THORIN reserves the right to cancel any order from a Customer with whom there is a dispute relating to the payment of a previous order, or in other cases provided for in this contract.
Confirmation of the order will be sent by e-mail to the Buyer as soon as possible, subject to the Buyer providing a valid e-mail address that is not subject to any restriction of use (e.g. professional e-mail address). In this case, the company CLAUDE THORIN shall not be held responsible for the non-receipt of the order confirmation containing all the contractual information and carrying proof of the transaction.
Each order confirmation contains the deadline for delivery of the order in question.
However, without contradicting the foregoing, if the Customer pays for his order by check, the order confirmation will specify a delivery period which will only begin to run once the check has been definitively cashed by CLAUDE THORIN.
Article 7 - Prices
Prices are valid as long as they are visible on the Site, within the limit of available stocks. CLAUDE THORIN reserves the right to modify the prices at any time and undertakes to apply the rate in force on the date of validation of the order, subject to the availability of the product ordered on that date.
The prices are indicated in euros including all taxes. They take into account the VAT applicable on the day of the order. They do not include the participation in the delivery costs charged in supplement and which will be indicated in the confirmation of order.
All reservations for guided tours, escape games and pineau workshops are valid and cannot be cancelled. No refund will be made in case of cancellation of the reservation or no-show 72 hours before the beginning of the activity.
Article 8 - Method of payment
The company CLAUDE THORIN provides the Buyer with a means of payment offering maximum security and guarantees:
- Bank or private card (Carte Bleue, Visa, Eurocard/Mastercard), by indicating directly in the area provided for this purpose (secure entry by SSL encryption), the card number without spaces between the digits, its date of validity, and its control code.
16130 – SEGONZAC
The Customer guarantees CLAUDE THORIN that he/she has the necessary authorizations to use the payment method chosen by him/her when validating the order form.
CLAUDE THORIN reserves the right to refuse any order from a Buyer with whom a payment dispute is in progress or with a Buyer who has not fully or partially settled a previous order.
For payments by credit card, certain verifications may be carried out by CLAUDE THORIN. In the event that the details provided by the Customer are verified by CLAUDE THORIN, the information relating to the Customer's order is subject to automated data processing for which CLAUDE THORIN 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.
CLAUDE THORIN is the recipient of the data related to the customer's order. The non-transmission of the data related to the order prevents the analysis and therefore the realization of the purchase.
The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the contact information related to the order associated with this unpaid order in a payment incident file implemented by the company CLAUDE THORIN. An irregular declaration or an anomaly may also be subject to specific processing.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, and oppose all your personal data at any time by writing a letter proving your identity to SARL CLAUDE THORIN - Customer Service - BIARD - 16130 SEGONZAC - France.
Article 9 - Reservation of ownership
The products delivered to the Customer remain the property of CLAUDE THORIN as long as the Customer has not paid the full price in principal and accessories due for the order. Payment in the sense of the present clause is understood to mean the effective collection of the price by the company CLAUDE THORIN.
On the other hand, the transfer of the risks takes effect as of the effective delivery of the products ordered on the online store.
The documents provided to the Customer are governed by the Intellectual Property Code. They therefore remain the property of CLAUDE THORIN. It is therefore forbidden to reproduce, transfer, or exploit the documents provided without the consent of the company CLAUDE THORIN.
Article 10 - Order execution
CLAUDE THORIN reserves the right to refuse the order for a "legitimate reason" (as defined by jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, abusive request from the Customer, presumption of impossibility for the Customer to enter into a contract or manifest intention for the Customer to harm CLAUDE THORIN.
CLAUDE THORIN also reserves the right not to execute the order in the event of an obvious typographical error leading to the display of a "low price", even after confirmation of the order sent to the Customer. The Customer understands and accepts that he/she may not claim any compensation of any nature whatsoever as a result. CLAUDE THORIN will contact the Customer to find out whether he wishes to maintain or cancel his order at the price that will be communicated to him.
Finally, the company reserves the right to refuse the order in case of dispute with the Customer, total or partial non-payment of a previous order, refusal of bank authorization during the online payment process.
In any case, the company CLAUDE THORIN undertakes to process the order as soon as possible in order to deliver the ordered products on the date indicated in the order form.
Article 11 - Facturation
An invoice will automatically be sent to the Customer upon ordering. This invoice will be sent to the email address indicated by the Customer when ordering, unless otherwise specified by the Customer.
Article 12 - Delivery
As a reminder, the products purchased on the Site https://www.cognac-guillon-painturaud.fr can be delivered in metropolitan France (including Corsica) and in the countries of the European Com
However, the following delivery addresses are not accepted: post office box, cedex, military base.
Products are shipped to the delivery address(es) indicated during the ordering process.
The Customer can consult the follow-up of the order to know the progress of the delivery. The Customer is informed by e-mail of the shipment of the order. This e-mail contains the address of the site on which to follow the status of the package, the tracking number of the package, as well as the deadline for delivery.
If the recipient of the order is absent at the time of delivery, the carrier will leave a notice of passage and the Customer or the recipient will have a period of fifteen (15) days to recover the parcel according to the terms indicated on the notice of passage. After this period, the order will automatically be returned to CLAUDE THORIN, which will contact the Customer to define the conditions for a possible reshipment. The processing costs of this new delivery will then be invoiced to the Customer.
Shipping costs are calculated according to the type of service chosen, the type of products purchased and the total weight, if applicable. Please refer to the delivery section of https://www.cognac-guillon-painturaud.fr.
The delivery times announced in the delivery section of the Site are calculated in working days. The delivery times indicated are average times and correspond to the processing, preparation and shipping times of the order.
To any order, will be joined a document (mentions required by the article L 121-19 of the Code of the Consumption) mentioning :
- identification and contact information of the company
- delivery charges
- payment and delivery terms
- essential characteristics of the product
- the price
- the address to which to submit complaints
- after-sales service information
- Any defect or delay in delivery exceeding seven (7) working days must be reported to our Customer Service as soon as possible.
In case of delay in shipping, an email will be sent to you. In this case, and as long as the product is not shipped, you can always cancel your order. You will then be immediately refunded if your account has been debited.
If you receive the product after the cancellation of your order, you will return it to us complete and in its original condition to allow us, upon receipt, to proceed with its refund.
You must verify the conformity of the delivered goods at the time of delivery and before signing the delivery note of the carrier.
You must indicate on the delivery note and in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, "the deliveryman did not want to wait for the unpacking of the article", etc.). This verification is considered to have been carried out as soon as the Buyer, or a person authorized by him, has signed the delivery note.
Article 13 - Right of withdrawal
In accordance with Article L121-20 of the French Consumer Code, the Customer has a period of seven (7) clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return. The seven (7) day period runs from the date of receipt of the ordered products (it being specified that when the period expires on a Saturday, Sunday, holiday or non-working day, it is extended until the next working day).
Nevertheless, the Customer will not be able to avail himself of this right in the following cases
- provision of a service that has commenced or been completed before the end of the seven (7) day period.
-supply of goods made to the specifications of the consumer or clearly personalized or which, because of their nature, can not be reshipped or are likely to deteriorate or expire quickly.
The company CLAUDE THORIN recommends that the Customer who wishes to exercise his right of withdrawal, inform the Customer Service, a return number for the product(s) concerned will then be given to him. The Customer will receive an e-mail, which must be attached to the package, with the notification of his return number and the address where the product must be returned.
Packages for which no element is attached to identify the sender (order number, name, first name, address) cannot be taken back.
The product(s) must be returned in its (their) original condition and packaging, complete and accompanied by a copy of the purchase invoice and the completed return form or email confirming the return number. The products must not have been altered in any way.
After receipt and control of the products returned by the Customer, CLAUDE THORIN sends an e-mail validating the withdrawal and proceeds with the reimbursement within a maximum of eight (8) days. The refund is made by bank transfer for credit card payments and by check for payments by check.
The costs and risks related to the return of the goods are the responsibility of the Customer who sends them. The return of the product(s) will result in a refund equal to the purchase price of the product(s) purchased (including the amount paid by the Customer to pay for the delivery, and minus the return costs which are borne by the Customer).
Article 14 - Exchange, Refund
In case of non-conformity of the order, the Customer may return the product(s) received. In this case, in order for the return to be accepted, the Customer must inform the Customer Service within five (5) days if he/she has not received the correct reference.
Any claim made outside this period will not be accepted.
The return of the product will only be accepted for products in perfect condition, in their original state and packaging.
The product(s) must be returned, along with the purchase invoice and the return authorization number, to our Customer Service Department.s
Regarding the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund must be made, it will be done within thirty days (30) following the reception of your return. Return shipping costs will be reimbursed upon receipt of proof of purchase.
All reservations for guided tours, escape games and/or pineau workshops are valid and cannot be cancelled. No refund will be made in case of cancellation of the reservation or no-show 72 hours before the beginning of the activity. When the customer pays for his order by check, the order confirmation will specify a delivery time which will begin to run only after the final cashing of the check by the company CLAUDE THORIN.
Article 15 - Warranty
The company CLAUDE THORIN is bound by the legal guarantee of hidden defects, in the sense of article 1641 and following of the Civil Code which stipulates: "The seller is bound by the guarantee due to hidden defects of the thing which render it unsuitable for the use for which it was intended, or which diminish this use so much, that the buyer would not have acquired it, or would have given a lesser price for it, if he had known about them.
Consequently, the customer has up to two (2) months (from the date of delivery) to send his complaint to CLAUDE THORIN. After this period, CLAUDE THORIN will no longer be able to guarantee the wines since no control on the quality of the storage place (essential element of the conservation of the wine) can be carried out, unless the Customer can provide proof that the alteration of the wine is prior to the sale.
CLAUDE THORIN will replace the products under warranty that are found to be defective or will return part of the price to the Customer who has chosen to keep the product.
In order to allow CLAUDE THORIN to appraise the wines itself, the customer is kindly requested to leave them at its disposal. CLAUDE THORIN will organize their removal at its own expense.
Rare wines and old vintages (vintages older than 10 years) cannot benefit from this guarantee insofar as they are offered for sale solely on the basis of reputation without having been tasted beforehand by CLAUDE THORIN's teams.
The products sold on the website https://www.cognac-guillon-painturaud.fr comply with the regulations in force in France.
The company CLAUDE THORIN does not guarantee the customer for any harmful consequences that these hidden defects may have caused.
Article 16 - Service Client
For any information or question, our Customer Service is at your disposal.
You can reach us at: +33 5 45 83 41 95
From January :
Tuesday to Friday: 2pm - 5pm
Saturday : 10am - 12pm & 2pm - 5pm
From June to September :
Monday to Saturday: 10am - 12pm & 2pm - 6pm
March, April, May, October, November, December :
Tuesday to Saturday: 10am - 12pm & 2pm - 6pm
Through the "Contact" section of our website: email@example.com
By mail to the following address
SARL CLAUDE THORIN
SARL CLAUDE THORIN
Article 17 – Force Majeure
CLAUDE THORIN shall not be held responsible for the non-execution of the order in case of force majeure. By express agreement, the following are also considered to be cases of force majeure: unavailability of the product, disturbances, strikes (particularly by carriers), theft or loss by the carrier, natural disasters, war, riots, fire, stock shortages, and all other natural disasters, even if the conditions of unpredictability, irresistibility, and exteriority are not met.
With regard to products purchased to satisfy professional needs, the company CLAUDE THORIN shall not be held liable for any indirect damage resulting from the present, operating loss, loss of profit, damage or expenses, which may arise.
Article 18 - Cryptology
The CLAUDE THORIN website is subject to the secure system TLS (Transport Layer Security) (from the Crédit Agricole bank) to encrypt the Customer's bank details.
All orders placed on https://www.cognac-guillon-painturaud.fr can be controlled by the company CLAUDE THORIN.
In this context, the company CLAUDE THORIN may ask the Buyer for all the documents necessary for the execution of the order, identity card, proof of residence, etc...
These requests will be made by email or by phone.
Article 19 - Electronic signature
The "Double Click" associated with the authentication and non-repudiation procedure of the Customer at the time of his order and with the acceptance of the present General Conditions of Sale constitutes an electronic signature within the meaning of article 1316-4 of the Civil Code which stipulates:
"When it is electronic, it consists of the use of a reliable identification process that guarantees its link with the document to which it is attached. The reliability of this process is presumed, until proven otherwise, when the electronic signature is created, the identity of the signatory is assured and the integrity of the document is guaranteed, under conditions fixed by decree in the Council of State.
Article 20 - Liability
The company CLAUDE THORIN, in the process of selling online, is only bound by an obligation of means; its responsibility cannot be engaged for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of service, or other involuntary problems.
Article 21 - Proof
The computerized registers, kept on the servers of the company CLAUDE THORIN as well as on the servers of its banking establishments, will be considered as proof of the communications, orders and payments made between the parties.
Article 22 - Conservation and archiving of documents
The archiving of transaction data is made on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code.
It is therefore carried out in compliance with the AFNOR Z 42-013 standard on the design and operation of computer systems to ensure the preservation and integrity of records stored in these systems.
Article 23 - Personal information
The automated processing of information, including the management of email addresses of users of the Site has been declared to the CNIL registered under number 1621615. It is done in compliance with the provisions of Law No. 78-17 of 6 January 1978.
Similarly, any user has the right to verify the accuracy of this data, and may request its correction or deletion by writing to the company CLAUDE THORIN at the following address
SARL CLAUDE THORIN
SARL CLAUDE THORIN
The information and details concerning the Customer are confidential. They are used to process orders and to send him information on products similar to those previously supplied. The Customer has the possibility of opposing, at no cost, except those related to the transmission of the refusal, and in a simple way, the use of his coordinates and this, each time a message is addressed to him. To do so, he/she just has to write to the following address
SARL CLAUDE THORIN
SARL CLAUDE THORIN
Article 24 - Intellectual Property
In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all the elements, trademarks, designs, models, logos, graphics, etc. found on this Site are the exclusive property of CLAUDE THORIN and its partners, who do not grant any license or any other right than that of consulting the Site.
The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property Act, except with the prior written authorization of the company CLAUDE THORIN.
Any simple link or hypertext link is strictly prohibited without the express written consent of CLAUDE THORIN.
Article 25 - Entire Contract
The present General Conditions of Sale express the entirety of the obligations of the parties.
No general or specific condition communicated by the Customer can be integrated into the present General Conditions of Sale.
Article 26 - Non-waiver
The fact that the company does not avail itself of a breach by the Customer of any of the obligations referred to herein shall not be interpreted for the future as a waiver of the obligation in question.
Article 27 - Applicable Law, Disputes
These General Terms and Conditions of Sale are subject to French law, in accordance with European directives, notwithstanding any rule relating to conflicts of law.
In the event of a dispute, the parties shall give preference to an amicable settlement.
Any dispute relating to the interpretation or execution of the present contract between the company CLAUDE THORIN and a natural or legal person considered as a consumer, will be brought before the French Courts, in accordance with the provisions of articles 46 to 48 of the NCPC.
For any contractual relationship of the Business to Business type between the company CLAUDE THORIN and a legal person, the attribution of the competent jurisdictions is entrusted to the courts of Angoulême.
Appendix - Glossary
In this Agreement, each of the terms mentioned below shall have the same meaning as defined herein, namely:
- the company": The company CLAUDE THORIN
- Online sales contract": any contract concerning the ordering of products concluded between the company and a Customer within the framework of a distance selling system organized by the company CLAUDE THORIN, which for this contract uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
- Customer" or "Buyer" means any natural person who, in this Agreement, is acting as an individual or as a representative of a legal entity.
- Order form": document which indicates the characteristics of the products ordered by the consumer and which must be signed by him by "double click" to engage him.
- "order": act by which the Customer undertakes to purchase products and the company to deliver them to him.
- product": good sold by the company.
- double click": reiteration of the validation of the Order Form by the Customer.
An order form filled and validated once is never taken into account without the confirmation of the Customer. This confirmation can be done through a checkbox accepting the General Terms and Conditions of Sale, or through an order confirmation message.