General Terms and Conditions

I. OBJECT

The present General Terms & Conditions, hereafter "G.T.C" are defined for the consultation or use of the website vignartea.fr, hereinafter the "Site", the aim of which is to sale wines and champagnes.
The Site is published by the french Company LAM VINS SARL, designated hereinafter the "Company":

Registered OfficeSocial: 1243, Chemin d’Halkeia - 64250 ITXASSOU
SIRET number: 845 062 603 00012
VAT number: FR89845062603
NAF code: 4634Z

SARL with a capital of 2000 €

Site Managers: Mrs LANGUENET Muriel & Mr Luis ARAUJO MEIXEDO MEIXEDO

Contact form: available by clicking here
Phone: +33 (0) 6.51.66.71.79

By distinction with a "Visitor" who will designate any person who does not have a customer account or is not identified, we will call "Customer"/"Client" any natural or legal person, individual or professional, having registered on the Site with creation of an account.

II. APPLICATION OF CONDITIONS

These present G.T.C apply for any consultation of the Site as well as for any order placed through the same e-commerce site.

They are made available to the Customer on the Site homepage even before he has started the ordering process.

Any order made on the Site implies full acceptance by the Customer of these G.T.C as well as those of each Carrier Partners. As these G.T.C may be changed, the applied conditions are those in effect on the Site at the time the order is placed.

reserves the right to modify, at any time and without notice, these G.T.C, the modifications being applicable to any order subsequent to these modifications.

III. PROTECTION OF MINORS

In accordance with Article L. 3342-1 of the Public Health Code, the Customer declares and commits to be over 18 years old at the date of the order and also guarantees to have full legal capacity to proceed with the order on the Site and adhere to these G.T.C.

the Company reminds users and visitors of its website that Alcohol abuse is dangerous for health. Be able to drink with moderation.

IV. ORDERS

For his first order, the Customer is invited to create an account on the Site by providing certain information necessary for the order processing and delivery. These include his full name , his mailing address, an email address required to confirm his order, his phone number.
These data will never be disclosed to other companies. The client's trust and respect for his private life are at stake.
All of this information is protected by a personal password entered by the Customer himself, that he can modify later.

The order will be processed no later than 7 working days from the working day following the order date.
An invoice, established by the Company, will be available in the Customer Area of ​​the Site and accessible from the link "LOGIN | REGISTER".
The invoice issued electronically is also sent to the Customer upon shipment of the order, and in any event, no later than the delivery of the goods.
At the Customer's request, an invoice may also be sent to him by e-mail or by post to his billing address.
All offers on the Site are available while stocks last.

Most of the wines selected by the Company come from small vineyards producing their wines with a limited yield, so the number of bottles produced in a year is limited.
Unexpected stockouts may occur. The vintage shipped may differ from the vintage displayed on the site because it depends on the stock available at the Company and the winemaker at the time of ordering: if the displayed vintage is out, the new vintage will be shipped.

It is reminded that the validation of the order implies acceptance of these G.T.C and constitutes an electronic signature having the same legal as a handwritten signature (Law No. 2000-230 of 13 March 2000 adapting the law of evidence to technologies information and relating to the electronic signature, Article 1316-1 of the Civil Code, relating to the electronic signature).

In accordance with the provisions of Article L 122-1 of the Consumer Code, the Company reserves the right to cancel or refuse any order for legitimate reasons, in particular in case of payment problems, delivery problems due to incomplete and / or inaccurate information provided by the Customer, abnormally high orders compared to orders usually placed by the Customer, and in the case of orders from a Customer should a dispute exists in relation to the payment of a prior order.

In order to protect against fraudulent transactions, the Company also reserves the right to ask the Client for proof of identity and / or domicile (EDF bill, France Télécom, and so on) when the amount or content of the order justifies it. In such case, the Customer will be informed by email or by phone call as soon as possible and will have the opportunity to cancel the order.

The order will be considered as a final sale only after receipt of its full amount.

Pursuant to Law No. 80-335 of 12 May 1980 on the effects of retention of title clauses in sales contracts, the goods to be delivered and billed to the Customer will remain the property of the Company until full payment of their price.
This does not preclude, upon delivery of the goods, the transfer of risks that will occur when the Customer or a third party designated by him, and other than the carrier designated by the Company, physically takes possession of the delivered products.
The Customer will assume, therefore, alone, all risks, including theft or damage.

Payment failure may result in the goods claim by the Company, the refund being immediate and the goods returned at the Customer's expense.

V. PRICES AND SHIPPING COSTS

The prices displayed on the Site are expressed in euros (€) and include all taxes (VAT included) for European countries. They do not include taxes (VAT excluded) for countries outside the EU. They do not include shipping costs or packing fees that are extra charged.
The VAT rate used to display VAT included prices for EU countries is the one of the country of delivery.

The overall cost of the order, including shipping costs, is indicated to the Customer before he proceeds to the final validation of his order.

- for metropolitan France, the displayed prices do not include shipping costs that are extra charged.
- for EU countries, they do not include shipping costs, that are extra charged, nor excise duties which, if any, must be paid directly to the Ministry of Finance of the destination country.
- for international destinations, they do not include shipping costs, that are extra charged, nor customs duties, which are to be paid directly to the carrier at the time of customs clearance.
These shipping costs are insurance included.

The price that appears on the order after its confirmation is firm and definitive.

The Company reserves the right to change prices and shipping costs at any time. In case of price change after the order, the wines and / or champagnes will be invoiced on the basis of the prices in force at the time of the validation of the order.

VI. PAYMENT

Payment of the order can be made by credit card, by PayPal account, or by transfer to the bank account of the Company.

Receipt of the payment takes place as soon as the order is concluded. The payment will be deemed made only on the date on which the funds will be made available by the Client to the beneficiary the Company (Article L441-3 of the French Commercial Code).

When payment is made by credit card, E-Transaction® or Paypal® automatically check the validity of the Customer's access rights during payment and encrypt all exchanges to ensure confidentiality. The Company is not aware of the information concerning the Customer's credit card.

When paying by bank transfer, the order will be processed after receipt of the transfer. If the latter has not arrived within 3 working days from the order confirmation on, the order will be canceled.

VII. DELIVERY

Deliveries are made by Chronopost (DPD). Delivery can only occur once the order has been validated and the payment has been made in full.

The Company takes care of ensuring the wines and champagnes during their transport. They travel at their own risk.
They are delivered in suitable shipping containers to a single address.
Delivery takes place at the address indicated when placing the order; the parcel being delivered via the designated carrier or by a transport provider of the Company choice if necessary.

Unless expressly requested by the Client, deliveries are made within a maximum of three weeks from the order paiement receipt on, and the Company ensures to communicate, as soon as possible, a link which will allow the Customer to consult on line the delivery follow-up.
However, except in cases of force majeure or any other case mentioned in Article XI. RESPONSIBILITY - FORCE MAJEURE of the present G.T.C, if 7 days after the deadline the products have not been delivered, the Customer may terminate the contract by registered letter with acknowledgment of receipt (LRAR). The Customer will then have his payment return to the exclusion of any other compensation or damages, at the latest within 14 days.
All parcels shipped are delivered against signature. Delivery times run from the day the package is picked up by the carrier. In addition, the announced deadlines are only indicative.

In the event of an error in the information transmitted by the Customer, including an incorrect or incomplete address, a telephone number that is no longer assigned or an invalid email address, the Company can not be held responsible for the impossibility of delivering the goods in the place and time required.
The same applies if the delivery place has a restricted access or during a delivery rendered unsuccessful by the Customer (for example when the recipient or the third party designated by the Customer would not be available to receive the parcel(s)). In addition, the transport does not include the delivery to the floors which remains to the approval of the driver.

In case of failure of the first delivery attempt, a notice is given to the Customer or an e-mail / SMS is sent to him. It is his responsibility to contact the carrier as soon as possible and in any case within 7 days in order to remove the package(s) at a post office or Point Relais / Relais Pickup, or to arrange an appointment for a new delivery.
- Parcels pending at Point Relais/Relais Pickup are available for withdrawal for a period of 8 days;
- When the package is made available for withdrawal at the Post Office, the Customer has a period of 14 days to recover it.

If the Customer can not withdraw his parcel within these deadlines, it will be returned to the Company. The Client has 30 days from from the moment the company has received the package to request the re-delivery of his package and will be the subject of the following invoicing:


> the amount of the postage charged on the initial order for Metropolitan France, and for the other destinations the actual cost invoiced by the carrier,
> or, in the context of an initial order that has benefited from free shipping, the amount corresponding to the price of an equivalent delivery for the same number of bottles,
> plus the return postage cost, which, for Metropolitan France, is based on the rates indicated on the delivery page, and, for the other destinations, is based on the actual cost invoiced by the carrier.

Once the 30-day period has elapsed, the Company becomes the owner of the returned products that will be back in stock.

VIII. RIGHT TO RETRACT

For sales made within the European Union, and under the conditions set out in Law n° 2014-344 of 17 March 2014 on consumption, the Customer has a period of 14 days from the order receipt on (date where the Customer, or a third party other than the carrier and designated by him, physically takes possession of the ordered goods) to make use of his right to retract and thus request the reimbursement of the sums paid (except the costs of return).

In order to exercise the right of retract, the customer must notify his decision expressing his wish to retract by means of an explicit declaration, ie. unambiguous..

Before returning the goods, the Customer will first inform The Customer Service via the contact form or by sending a letter by post to the the Company headquarters indicated in Article I. of these G.T.C, before the expiry of the retract period provided for in Article L.221-18.

In accordance with Article L. 221-23 of the Consumer Code, the Customer returns unwanted products without undue delay and, at the latest, within fourteen days following the communication of his retract decision.

The Customer will make sure to return all or part of the order in its original packaging with a retract letter including the following information:

Return shipping costs (for information purposes, a flat rate of 15€ VAT-excl, plus an average of 2.40€ VAT excl. per bottle for mainland France) are the responsibility of the Customer who freely chooses the mode of transport to return the goods to the Company. The goods travel at the Customer's risk and peril and the risks transfer will be made only upon goods receipt in the premises of the Company after their condition checking.
The Customer is therefore responsible for packaging so that the goods can travel without risk of degradation.

The reimbursement of the sums paid by the Customer when placing his order, including if applicable the shipping costs (within the limit of the lowest price of delivery proposed in the Customer's basket), will intervene within 14 days from the retract expression date on. The refund will be made using the same means of payment that the Customer has used during his initial transaction (Credit card, Paypal® account or bank transfer).
However, the Company reserves the right to defer repayment until the actual recovery of all goods and after their condition checking.

Note that in the case of a partial retract, any delivery costs charged during the order will not be refunded.

Exceptionally, the right of retract does not apply to sales contracts that result in a goods withdrawal from our premises, nor does it apply to orders of products subject to customization or specific Customer's request when ordering (gift wrap, custom packaging such as gift boxes, etc).

IX. LEGAL GUARANTEE & COMPLIANCE FAILURE

In accordance with the Consumer Code, and in particular articles L.217-4 to L217-12, and in accordance with articles 1641 to 1649 of the French Civil Code, the products offered on the Site are subject to the conditions of Legal Guarantees resulting from the articles mentioned above.

The Customer has a period of two years from the date of delivery of the product to claim under the legal garanty of conformity in the event of a lack of conformity at the time of the product delivery. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.

In case of lack of conformity, found and proven, the Company, depending on the chosen option, will proceed to compensation or replacement of non-compliant products.

In particular, if the Customer notices an anomaly of conformity in the order which is delivered to him, as for example the delivery of a product other than the one ordered or a good delivered that does not match the description given on the Site, the Company will propose to the Client to choose between repair and replacement of the non-compliant: if there is a clear cost difference between these two options, the Company may impose the less expensive option.

In such situation, the Company will replace the product with either the same product or an equivalent product.
Thus, if the ordered product is out of stock, the mentioned product may be replaced with the agreement of the Customer, for example, by another vintage.

The Customer who wishes to exercise the legal guarantee of conformity is invited to send a written request to the Company. All returns are subject to the Company's prior agreement.
In the event of a return, the returned products must be accompanied by the purchase invoice, be perfectly protected and sent by post, at the Customer's risk, to the folloging address :


VignArtea - LAM VINS SARL
1243 Chemin d'Halkeïa - 64250 Itxassou


This guarantee is exercised at no cost to the Customer, provided that the Customer has good cause to claim the benefit of this guarantee.

The replacement or, as the case may be, the refund will occur within 30 days following the receipt of the product returned by the Customer, and if applicable, after tasting performed by us confirming the alleged defect (cork taste or other).

The Customer will then have to make sure to return the products in a packaging providing sufficient protection so that it can guarantee the non-deterioration of returned products.
The Company also draws the Client attention to the fact that bottles that would be returned insufficiently protected, and so, may arrive damaged or broken, will not benefit from the legal guarantee.

In order for the legal warranty to apply, the Customer must, in addition, ensure the proper storage of the goods until they are received by the Company and that they are assessed.

X. SUPPLEMENTARY STIPULATIONS

The Customer is reminded that the Company is not the producer of the wines and champagnes presented for sale on its Website, within the meaning of the law n ° 98-389 of May 19, 1998 relative to the responsibility for the defective products.

Given the methods of vinification and ageing of certain wines, especially so-called natural wines, organic or BioDynamic wines, defects are sometimes unavoidable. These wines will therefore be recognized as "defective" only if they differ from the philosophy and tolerances announced by the winemaker or the Estate.

XI. RESPONSIBILITY - FORCE MAJEURE

The Responsibility of the Company can not be held liable in case of non-performance or improper performance of the contract due either to the facts attributable to the Customer, or insurmountable and unpredictable facts of a third party to the contract (including a carrier that would tend to obstruct, delay or prevent the delivery to the Customer of the products ordered), either in case of force majeure.

XII. PRIVACY POLICY & COOKIE MANAGEMENT

a/ Respect for privacy and personal data

In accordance with the Data Protection Act of 6 January 1978 - Article 34, the Site vignartea.fr has been declared to the CNIL (Commission Nationale de l'Informatique et des Libertés) under the number 1861518 v 0.

The personal information collected aims to identify the user of the site and to process the customer order.
It will most often be a name, an address, a telephone number and an e-mail address.

The user of the site has the right to access, modify, rectify and delete data concerning him/her.
To exercise this right, he/she simply needs to make a request to the Company by writing an e-mail via the contact form or by post to the address of the registered office.
In addition, the user of the site may be asked to give us an e-mail address when filling in our contact form, for example: this information is not passed on to third parties.

b/ Use of cookies

The Company may use cookies. These cookies are used to analyse the number of visitors and the use made of the Site. The aim is to offer content tailored to the visitor's interests.

The Site uses the tools offered by the American company Google Inc.
The data collected through these third-party cookies are transmitted and stored by Google Inc., which is a member of the Safe Harbor and therefore ensures an adequate level of protection for personal data (Decision 2000/520/EC of 26-7-2000).

The "Google Analytics" service allows to count visitors and to identify the way they use the Site. These cookies are deposited and read on the user's terminal equipment as soon as the user accesses a website using "Google Analytics".
More information about this service can be found on the Google Analytics Privacy and Security Principles page.

Please note that it is possible to manage the cookies used on the vignartea.fr website by configuring the browser in the preferences of the latter.

c/ Access to the site

The Site vignartea.fr is accessible 24/24h and 7 days a week, except in cases of force majeure, computer or technical difficulties related to the structure of the communication networks.
For maintenance reasons, the Company may interrupt access to its Site at any time.
The user acknowledges that he/she has the necessary skills and means to access and use it.

It is reminded that the fact of fraudulently accessing or remaining in a computer system, of hindering or distorting the operation of such a system, of fraudulently introducing or modifying data in a computer system constitute offences subject to criminal sanctions.

The information on the Site is given for information purposes only. The Company takes great care in updating its website, but cannot guarantee the accuracy of the information on the services and/or products offered. Moreover, this information may be modified without prior notice.

Consequently, the Company declines all responsibility for any imprecision, inaccuracy or omission concerning the information available on the Site; for any damage resulting from fraudulent intrusion by a third party leading to a modification of the information made on the Site; and more generally for any damage, direct or indirect, whatever the cause, origin, nature or consequence, caused as a result of access by any person to the Site or the impossibility of accessing it, as well as the use of the Site and/or the credit given to any information originating directly or indirectly from it.

XIII. APPLICABLE LAW AND SKILLS

These general conditions of sale are subject to French law. Any dispute relating to their interpretation or performance falls within the jurisdiction of the competent French courts.
In case of difficulties in these G.T.C application, the Company invites the Customer to search for an amicable solution by contacting his Customer Service.
Otherwise, all conflicts arising from the order execution or the interpretation of these conditions will be within the jurisdiction of the court of our registered office.
In case of non-payment and in accordance with article L441-6 of the French Commercial Code, a penalty will be applied calculated on the basis of an annual rate of 12% without this rate being less than three times the rate of legal interest, all without prejudice to damages for abusive resistance. For the purpose of recovery (bill collection), a fixed compensation of € 40 will be required to professionals.