GENERAL CONDITIONS OF SALE

General conditions of sale

1. Object

These General Conditions of Sale aim to define the rights and obligations of BASTIE and of the Customer of products presented by BASTIE on its site www.calicewine.com (hereinafter “the Site”). They apply exclusively between BASTIE, 6 lot le clos de mardilhon – 30560 SAINT HILAIRE DE BRETHMAS, Siret : 849 019 666 000 15 (hereinafter referred to as “BASTIE”) and any consumer who is a natural person visiting or making a purchase via the said Site (hereinafter “the Customer”).

On the Site, BASTIE allows the Customer to order BASTIE products online (hereinafter “the Product(s)”) in accordance with these general conditions.

Any order placed with BASTIE therefore entails the unconditional acceptance by the Customer of these conditions. These general conditions can be modified at any time and without notice by BASTIE, the applicable conditions being those in force on the date of the order by the Customer.

The present General Conditions of Sale are permanently accessible at the following address:

https://calicewine.com/cgv/ in electronic format so that they can be printed and/ or downloaded by the Customer and he can reproduce or save them.

2. Products and compliance

2.1. The Products for sale are presented on the BASTIE website and accompanied by a description.

2.2. The Products offered by BASTIE comply with the standards applicable in France.

Items such as photographs, text, graphics, as well as all information and characteristics illustrating and / or accompanying the Products are not contractual, which the Customer acknowledges.

Consequently, BASTIE can not bear the slightest responsibility in the event of error or omission of one of these elements or in the event of modification of said elements by suppliers and / or publishers.

3. Customer obligations

3.1. The Customer declares to be at least 18 years old and to have the legal capacity or parental authorization allowing him to place an order on the Site.

3.2. The Customer undertakes to communicate to BASTIE the actual elements of information necessary for the performance of the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone and valid email.  

The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose recovery would be illegal.

3.3. Once the order has been placed, BASTIE sends the Customer an email confirming it. They inform him of the shipment of the Products.

3.4. The Customer can modify their data in the “My account” section.

4. Order

4.1. Any order will be validated only after acceptance of payment.

4.2. BASTIE reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.

4.3. BASTIE can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.

If, despite the vigilance of BASTIE, the Products are unavailable, BASTIE will inform the Customer by email as soon as possible. The Customer can then cancel his order and be reimbursed of the sums already paid, if applicable.

The definitive or temporary unavailability can in no way engage the responsibility of BASTIE, nor can it give rise to any right to compensation or damages in favor of the Customer.

5. Price

5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply) excluding shipping fees, contribution to processing fees and packaging fees.

The shipping costs, contribution to processing fees and packaging fees will be indicated in the Customer’s basket, before the final validation of the order.

The prices can be modified at any time, without notice and in particular in the event of change of fiscal or economic data. The items will be invoiced on the basis of the rates applicable at the time the order is placed.

6. Delivery

6.1. BASTIE delivers its Products in France and in countries outside the European Union and can deliver to any country upon request .

The products are shipped with the delivery slip, to the delivery address specified by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these deadlines to be respected, the Customer must ensure that they have communicated exact and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/ or intercom numbers, etc.). 

In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of his order. 

If the item was shipped after receipt of the cancellation of the order for a delivery delay of more than 7 days, BASTIE will refund the item and the shipping and return costs, upon receipt of the same, complete, in its original condition and with all tags. The Customer is responsible for fees.

BASTIE undertakes to inform the Customer of the progress of the processing of his order.

In the event of damaged packages (already open, missing products…), the Customer agrees to notify the carrier and BASTIE, by all means, of any reservations within 3 days of receipt of the product. 

BASTIE cannot be held responsible for the consequences due to a transit delay that is not of its own doing.

7. Payment

Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Eurocard / Mastercard), with his Stripe account or by bank transfer, in accordance with the provisions of this article.

BASTIE does not accept payments by cheque. The Customer must choose another available means of payment. 

For any transaction, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram on the back of his card (last three digits).

The communication by the Customer of his bank card number constitutes authorisation for BASTIE to debit his account up to the amount of his order.

No cash on delivery will be accepted, whatever the reason.

BASTIE retains ownership of the item until full payment of the price by the Customer. Purchases are made in a secure manner. The payment solutions adopted by BASTIE are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), all information that Customers communicate to BASTIE is strictly protected and guarantees the compliance and security of each transaction.

8. Returns and product refund(s)

Right of withdrawal

The Client has fourteen (14) days following receipt of his order to inform BASTIE of his wish to return the Product(s).

The return is at the expense of the Customer. The Product must be returned in its original condition and with all the labels.

9. Guarantees and responsability

BASTIE has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. BASTIE cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact qualifying as force majeure, in accordance with the law and jurisprudence.

The Customer is invited to read the instructions or any other information accompanying the product or attached to the product or its packaging, particularly information associated with any precautions of use, any conditions and restrictions of use and maintenance.

Calice is guaranteed for 2 years, excluding the seal and the preserver.

10. Intellectual property

Under no circumstances is the Customer authorised to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos…).

This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial reasons without the express written permission of BASTIE.

In general, all copyright, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of BASTIE.

The Customer is therefore bound to respect intellectual property rights and may in no way use the brands appearing on the Site and on the Products, if applicable, or register a trademark which would be detrimental to the holder of the rights, unless otherwise provided by contract.

The same is true for any other intellectual property right.

11. Information confidentiality 

BASTIE undertakes to use the confidential information of Customers only in the context of the operation of its Site.

For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.

As such, information concerning him may be communicated to technical service providers of BASTIE.

In addition, BASTIE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.


In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has the right to access and rectify personal data concerning him appearing in the BASTIE files. All requests must be sent by e-mail to: info@calicewine.com or by mail to the following address: BASTIE, 6 lot le clos de Mardilhon. 30560 SAINT HILAIRE DE BRETHMAS

12. Force majeure

In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.

Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil disturbances, insurgency, war, bad weather, epidemics, blockages of means of transport or supply for any reason, earthquakes, fires, storms, floods, water damages, governmental or legal restrictions, legal or regulatory modifications of marketing forms, computer failures, blocking of telecommunications, including wired or wireless telecommunications networks and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.

All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event lasts for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

13. General provisions

13.1. Partial invalidity of a clause

If any of the provisions of these conditions is declared null or not enforceable by a competent court, it will be declared unwritten and will not invalidate the other provisions.

13.2. Update

These general conditions can be modified at any time and without notice by BASTIE, the applicable conditions being those in force on the date of the order by the Customer.

The present General Conditions of Sale are permanently accessible at the following address: https://calicewine.com/cgv/ in electronic format so that they can be printed and/ or downloaded by the Customer and he can reproduce or save them. 

13.3. Applicable law – Competent court

These general conditions are subject to French law as regards both substantive and formal rules. Any dispute must be the subject of a prior attempt at an amicable settlement.

In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding the plurality of defendants or call in warranty.

The competent French commercial court is the one in Alès at 3 Place Henri Barbusse – 30100 ALES.

13.4. : Reproduction of applicable texts (order 2005-136 of February 17, 2005, Consumer Code, Civil Code)

 

  • Art. L. 211-4. of the Consumer Code

The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

 

  • Art. L. 211-5. of the Consumer Code

To comply with the contract, the good must: 

be suitable for the use usually expected of a similar good and, if applicable

correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model

Present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

 

  • Art. L. 211-12. of the Consumer Code

Action resulting from lack of conformity lapses two years after delivery of the goods.

 

  • Art. 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or. would have paid a much lower price, if he had been aware of them.

 

  • Art. 1648 paragraph 1 of the Civil Code

The action resulting from prohibitive defects must be brought by the purchaser within two years from the discovery of the defect.

You can contact BASTIE by phone on 06 11 78 48 32 or 06 28 25 49 97.

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