It is stated that: As the sale of wine is prohibited to minors, these General Terms and Conditions of Sale apply to all orders placed directly with SAS BALDES JEAN LUC TRIGUEDINA, on site, by telephone or by email, billable and deliverable in France. The Customer acknowledges having read these General Terms and Conditions of Sale and accepts their terms. For export, the General Terms and Conditions of Sale are governed by Incoterms 2020. It has therefore been agreed and established as follows:
For the proper understanding of these terms, the Parties agree on the following definitions: “Seller”: refers to SAS BALDES JEAN LUC TRIGUEDINA wishing to offer its wines for sale. “Buyer”: refers to an adult natural person acting as a consumer, who has placed an order to purchase Products (see below definition of “Product”). “Product”: refers to the wine product of the Winegrower offered for sale in the form of a bottle of wine. Several bottles of wine shall be referred to as “the Products”. “Product Sheet”: refers to the presentation of the essential characteristics and, in particular, the price of a Product offered for sale by a Seller.
By placing an order, Buyers accept the GTC as well as regular updates made by the estate. The GTC apply to all sales of Products made directly with the Seller by telephone or email and are intended to govern the relationship between the Seller and the Buyers. As the GTC may be modified at any time, the applicable GTC are those in force on the date the Buyer places the order.
The Products are presented through a Technical Sheet and a price catalogue with a description enabling the Buyer to know their essential characteristics and their Price. The information relating to the offers has been provided by the Seller, who is solely responsible for the content of the description provided, its completeness, and the conformity of the Product offered with the description. Photos and visuals of the Products are provided for illustrative purposes only and are not contractual.
a. Buyers may order the Products offered by the Seller while stocks of the Products remain available. b. A confirmation letter or email is then sent to the Buyer confirming the order; this correspondence mentions all the information required by Article L. 121-19 of the Consumer Code. However, the sales contract is subject to the resolutory condition that the Product is available (see Article 3.2 below).
If the same Product is ordered by several Buyers at the same time and the Product is no longer available in sufficient quantity to satisfy all orders, it will be sold according to the chronological order of the orders placed by the Buyers, on a “first come, first served” basis. The order will then be cancelled for the other Buyers. They may be offered a substitution for the Product(s) concerned, and a new pro forma invoice will be issued.
In the event that the Product(s) become unavailable after the Buyer has placed the order, or if the Seller does not respond regarding the availability of the Product(s) within forty-eight (48) working hours, the Buyer will be notified by email sent by the Seller. The Buyer will then be offered a similar Product or may cancel the order. However, only the contract relating to the sale of the unavailable Product(s) is affected by this cancellation. It is recalled that only the Seller controls the availability of the Product. The sales contract is deemed concluded at that time.
a. The Price is indicated in euros, including all taxes, excluding delivery costs. Delivery costs, if any, are communicated to the Buyer before the Buyer validates the order.
Payment of the Price is made by bank card through a secure online system, by cheque, or by bank transfer. If payment is not received by the Seller within fifteen days (15 days) from the order date, and if the requested delivery date is less than 30 days from the current date, the sales contract is automatically cancelled (see Article 3.1.b). Each party is therefore released from its obligations. The Seller will nevertheless contact the Buyer to inform them. The Buyer must therefore provide accurate, complete, and non-fraudulent data when paying for the order. The Buyer declares and guarantees that they are fully able and authorized to use the payment method and that they have sufficient funds in the bank account linked to the payment method used to pay for the order.
Any amount including tax not paid by the due date will result in the Buyer paying penalties set at three times the legal interest rate. These penalties are automatically payable and will be automatically debited from the Buyer’s account. In the event of late payment, the Buyer will owe a fixed compensation for recovery costs in the amount of €40, automatically and without prior notice. The Seller may request additional compensation from the Buyer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
Pursuant to Law No. 67563 of July 13, 1967, as amended and supplemented by Law No. 80335 of May 12, 1980, Articles 59-65-66, the Products remain the exclusive property of the Seller until full payment of the Price, principal and interest, even if the Products have already been resold.
in force when the order is placed.
has been credited to the Seller’s account and the Seller has confirmed the availability of the Product(s) and packaged them, the Product(s) are handed over to the Carrier within forty-eight (48) working hours. The Seller will use packaging suitable for the delivery of its Product. The Seller will ensure that the information provided to the Carrier is correct and allows prompt delivery of the order to the Buyer.
as the delivery date depends on the Buyer’s availability to receive the order from the Carrier. The stated times correspond to the processing, preparation, and shipping times of the orders, as well as the delivery time of the Transport Provider. They begin from the validation of the order.
If the Buyer is unavailable when the carrier presents the order, the carrier will request instructions from the Seller, who will contact the Buyer. Without additional information from the Buyer, the carrier will return the order to the Seller fifteen days after shipment. In the event of an incomplete or incorrect delivery address or failure to collect the parcel, requiring the Carrier to return the ordered Product(s), all additional costs caused by this failure or error shall be borne entirely by the Buyer. The order will only be reshipped once the Buyer has paid the reshipping costs.
The Products are delivered according to the Carrier’s general delivery terms and conditions. Under no circumstances may an incident occurring during transport be attributed to the Seller. The Seller will ensure that the Buyer is reimbursed according to the circumstances.
is effective once the Carrier’s delivery note has been signed by the Buyer. Any damage, non-conformity, or missing item upon delivery must be notified by the Buyer to the Carrier in the form of a detailed and dated written statement, accompanied by the Buyer’s signature on the delivery note or transport document. If the Buyer refuses the parcel due to an anomaly or non-conformity, this must be noted on the Carrier’s consignment note.
In the context of a purchase made from a Seller, in the event of damage, the Buyer has a period of fourteen (14) days after delivery to issue reservations to the Sender and Recipient, in accordance with French legislation, and releases the Carrier from any liability beyond this date, in accordance with Article 31 of the Montreal Convention.
This article applies only to Consumer Buyers.
In the context of a distance purchase made from a Seller, the Buyer has a period of fourteen (14) days from receipt of the ordered Product(s) to exercise their right of withdrawal with said Seller, without having to provide reasons or pay any penalty. The Buyer exercises their right of withdrawal directly with the Seller by sending a letter or email indicating the references of the Product(s) for which they are exercising their right of withdrawal.
Only the Price of the Product(s) purchased and for which the Buyer exercises the right of withdrawal will be refunded by the Seller. If the products have already been shipped, return costs remain the responsibility of the Buyer. In the event of a refund request by the Buyer, the Seller will credit the Buyer’s bank account within a maximum period of thirty (30) days following the date on which the right of withdrawal was exercised.
in its original packaging or in suitable packaging and in a condition suitable for resale of the Product(s) (unopened bottles, undamaged corks and labels, etc.), accompanied by the invoice and shipped under conditions similar to those of its original shipment. The Buyer has five (5) working days from the moment they indicated their withdrawal to return the parcel(s). Return costs are borne by the Buyer. It is the responsibility of the Buyer returning one or more Product(s) to keep proof of the reshipment of the Products by their own means. This proof may consist either of a receipt for registered mail or of a document provided by a Carrier to whom the transport of the returned Product was entrusted.
The Seller undertakes to provide Buyers with a quality service. As such, any Buyer may report, by letter or email sent to the Seller at the address indicated in the Definitions article, within seven (7) days from receipt of any order, any complaint concerning the ordered Products, according to the following criteria:
Product not received: the Product was not received by the Buyer.
Non-compliant Product: the Product received does not correspond to the Product ordered.
Damaged Product: the Product received is damaged or broken.
The Seller must then implement all means at its disposal to manage the incidents mentioned above. Disputes are therefore settled between the Buyer and the Seller, who will make their best efforts to resolve disputes amicably. 8.3. The Buyer shall be responsible for organizing the return of the Products to the Seller. The Seller will cover these costs if its liability is engaged.
When placing an order, the Buyer agrees to provide the required personal information and data, hereinafter referred to as the “Data”, and certifies that such information is accurate. The Data provided by the Buyer as part of an order — for consumer buyers: surname, first name, date of birth, postal address, phone number, email, etc.; for professional buyers: company name, SIRET number, billing address, delivery address, phone number, email, surname and first name of the contact person — is intended for the Seller and is used for order processing and tracking, customer relations, and to comply with legal and regulatory obligations. The Seller will ensure the security of the Buyers’ Data, which it stores in a computerized file for the purposes of fulfilling and tracking orders, as well as commercial relations and the resulting communication operations.
The Data collected is transmitted only to the following recipients: staff of SAS BALDES JEAN-LUC TRIGUEDINA and transport companies. The Buyer has the right to access, modify, delete, and rectify their personal data by sending an email or letter. To exercise these rights or for any questions regarding the processing of your data under this system, you may contact the department responsible for exercising these rights: SAS BALDES JEAN LUC TRIGUEDINA, Les Poujols 46700 VIRE-SUR-LOT, +33 (0)5 65 21 30 81, contact@jlbaldes.com. If, after contacting us, you believe that your “Informatique et Libertés” rights are not being respected, you may submit a complaint to the CNIL.
For any information or questions regarding the tracking of your orders, you may contact the Seller: contact@jlbaldes.com
In accordance with the legal provisions in force relating to conformity of goods or hidden defects, defective Products or Products that do not correspond to the order will be refunded. The Buyer has a period of seven (7) days to inform the Seller of a visible defect affecting one or more Products, and a period of thirty (30) days to inform the Seller of a non-visible defect. In the case of a visible defect, the Buyer may send the Seller a photo of the Product(s) concerned. In the case of a non-visible defect, the Seller may ask the Buyer to make the Product(s) concerned available to the Seller for analysis.
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. All products are therefore reserved for adults aged eighteen (18) years or over, having legal capacity. By placing an order, the Buyer declares and guarantees that they are of legal age and have full legal capacity to enter into a sales contract with the Estate. It is also recalled that alcohol abuse is dangerous for health and that alcohol should be consumed in moderation. For information adapted to the health of each internet user, the Seller advises them to consult their attending physician.
The computerized records, kept in the Seller’s computer systems under reasonable security conditions, shall be considered as evidence of communications, orders, and payments made pursuant to the GTC.
The Buyer may at any time request the deletion of their personal data simply by sending an email with acknowledgment of receipt or a registered letter. The Seller and the Buyer shall then have fifteen (15) working days to fulfill their respective commitments, in particular for the Seller to fulfill its orders with the same care as before, and for the Buyer to remain liable for any amount due. The Estate undertakes to delete the customer account as well as all related information and data.
Any clause of the GTC that may be declared null and void pursuant to a law, regulation, or final decision of a competent court shall be deprived of effect, but its nullity shall not affect the other provisions nor the validity of the GTC. As far as possible, if a clause/sub-clause or part of a clause/sub-clause can be separated from the rest of the clause in order to make the remaining part valid, the clause must be interpreted accordingly. Otherwise, the Buyer agrees that the clause in question shall be amended and interpreted in such a way as to come as close as possible to the original meaning of the clause, in accordance with the law.
The GTC are governed by French law. Any related dispute that cannot initially be resolved amicably shall be submitted to the competent French courts. For SAS BALDES, the competent court is the Commercial Court of Cahors.