General Terms of Sales
This Internet site, https://secret-distribution.com/en/, is published by Pearl's Vignes de France SARL 21 avenue de Champagne 51200 Epernay – SIRET 521 642 645 00019 – Code APE 4639 No. Intra FR 78 521 642 645
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Article 1: Scope of application
These General Conditions of Sale apply to all orders placed through the Internet site https://pearlsdefrance.fr whatever clauses might exist in the buyer’s documents.
The Customer acknowledges to having full and prior knowledge of these General Conditions of Sale and accepts the terms. Cases not covered by these General Conditions of Sale will comply with distance selling rules which apply in the area where the company has its headquarters.
Article 2: Orders
Pearl's Vignes de France commits to accepting orders that comply with the terms of these General Conditions of Sale and within the limit of available stocks. In the event of a rupture in stock, Pearl's Vignes de France undertakes to report the time frame necessary to obtain the required product(s) or suggest a replacement product(s). Pearl's Vignes de France will fulfil every order by making one or more deliveries of the products ordered.
By validating the order, the Customer declares to have acknowledged and accepted these General Conditions of Sale. Preparation and shipment of an order can only be started after payment is received.
Pearl's Vignes de France reserves the right to cancel all non-compliant or questionable orders, as well as those from Customers with whom there is a pre-existing dispute of any kind.
Article 3: Price
The gross prices indicated include all taxes (VAT, excise duties and all other applicable taxes on the day that the order is concluded, any changes may be passed on in the product price).
For deliveries outside metropolitan France, the prices displayed include VAT, excise duties and other taxes in the delivery country will be added (and all other taxes applicable on the day that the order is concluded, any changes may be passed on in the product price) as well as costs of managing customs clearance.
Product prices may change at any time depending on Pearl's Vignes de France pricing policy. Products ordered are charged the price in force at the time the order is registered.
The products offered and the prices are only valid for as long as they are displayed on the site and as long as stocks are available.
Prices displayed are net and exclude shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment.
Article 4: Validity of offers
Products and special offers are only available while stocks last. Pearl's Vignes de France cannot be held responsible for a possible rupture of stock leading to a delay in the order’s delivery. In case of unavailability of one or several products after the order validation, Pearl's Vignes de France undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer,Pearl's Vignes de France may amend the order or make a refund for the product(s) not available by crediting the payment card used for the order.
Article 5: Delivery
Pearl's Vignes de France delivers to Metropolitan France. Shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered. Specific quotes should be requested for deliveries to all other destinations. The lead time for order is indicated in the order confirmation which the Customer receives by e-mail. The order is delivered to the delivery address chosen by the Customer. Customers are responsible for checking their deliveries carefully on receipt and immediately lodging any complaints with the carrier. No claim will be considered admissible if the Customer has accepted delivery of the package without reservation.
Any error or change of whatever kind that the Customer makes to an order where delivery is in progress, shall lead to an extension of the expected delivery period. The additional costs will be charged to the Customer.
Article 6: Withdrawal
In application of the provisions of Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen days from the date the order is delivered of his order to return to the article delivered to request an exchange or refund, at the Customer’s choice, without penalties, with the exception of the costs of return.
In application of article L. 221-28 of the Consumer Code, the Customer is informed of the fact that the right of withdrawal cannot be exercised for some contracts.
Notification of intention to withdraw can be done using the form available on our site or through our Customer Service Department via email.
Pearl's Vignes de France undertakes to reimburse the Customer within a maximum period of fourteen days after notification of withdrawal and on condition that the products are returned.
Article 7: Payment
All orders imply a payment determined according to the conditions and methods specified in the order process.
Payments by bank card are made via an on-line secured payment service.
Pearl's Vignes de France has never access to Customers banking data.
A payment order by bank card cannot be cancelled. Therefore, the buyer’s payment for the order is irrevocable, without prejudicing the Customer’s right of withdrawal or cancellation exercised subsequent to the order.
Article 8: Reservation of ownership
In accordance with the Act of May 1st, 1980, products delivered to the Customer are sold subject to retention of title. The transfer of ownership is subject to the Customer’s payment in full of the total price of the products, at the end of the period agreed between the parties. In case of non-payment of the total price of the products by the agreed deadline, Pearl's Vignes de France will be able to claim ownership of the products at the Customer’s expense and risk.
Article 9: Personal data
All data provided during Customer’s access to https://secret-distribution.com/en/ are strictly confidential. None of the information provided by Customers will be sold or leased to anyone without their prior agreement.Customers’ data will be used by Pearl's Vignes de France for order processing and, where appropriate to contact them for information exclusively related to our services: accounting, control and selection of credit card or other payment card, marketing analyses and statistics, tests, maintenance and development of the system, Customer surveys, Customer Relations, improvement of our future communications, and better identification of Customer needs and preferences. Once registered on https://secret-distribution.com/en/, the Customers will be able to access the “My Account” page and modify their personal data.
Pearl's Vignes de France may need to collect, store and use the following data: name, email address, physical coordinates, date of birth and at times delivery, billing or other information related to the order.
In application of the Data Protection Act of January 6, 1978, Customers have the right to access, modify, correct and delete data which concerns them. Customers can exercise this right by contacting Customer Services.
Article 10: Use of Cookies
Pearl's Vignes de France resorts to the use of cookies particularly to recognise Customers whilst they are connected to the https://secret-distribution.com/en/ site as well as for functional and analytical purposes and to improve its services. Cookies are small files that browsers store on the Customer’s computer when they visit an Internet site.
Customers have the option of disabling the use of cookies by selecting the appropriate settings on their computers. However, deactivation will result in preventing access to certain features on the site.
Article 11: Guarantees
Pearl's Vignes de France is required to legal guarantee against hidden defects, within the meaning of Article 1641 and subsequent of the French Civil Code: “The seller is required to guarantee against hidden defects of the item that would make it unsuitable for its intended use, or that would diminish the use to such an extent that the buyer would not have acquired it, or would have paid less for it, had these defects been known”. Accordingly, the Customer has up to 2 months after the delivery date to send a complaint to Pearl's Vignes de France. Beyond this period, Pearl's Vignes de France will no longer be able to guarantee the products and the Customer will have to prove that any possible defects existed prior to their receipt.
The products benefit from the legal guarantee of conformity provided by Articles L217-4 and subsequent of the French Consumer Code;
It is recalled that the Customer:
– Benefits from a period of two years from product delivery to take action;
– May choose between product repair and replacement, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
– Is exempt from having to provide proof of the existence of the product conformity defect during the twenty-four months following delivery of the product(s).
The Customer who decides to activate the legal compliance guarantee must inform Pearl's Vignes de France. If the reasons for the return are justified, the product(s) concerned must be returned to the address below, in the same conditions as those governing the exercise of the right of withdrawal. The costs of delivery other than the costs of return will be reimbursed.
Article 12: Responsibility
All texts and photos displayed are purely for information and are in no way contractual.Pearl's Vignes de France reserves the right to make changes to its procedures and these General Conditions of Sale on its Internet site. The Customer is subject to the General Conditions of Sale in force at the time of ordering. Pearl's Vignes de France will not be held responsible, or considered as having failed to present conditions, for any delay or breach, when the cause of the delay or failure to execute is related to force majeure as defined by precedents in French courts and tribunals.
Article 13: Applicable law
The language of this contract is French. All clauses of these General Conditions of Sale, all transactions and purchase operations made through the https://secret-distribution.com/en/ site as well as by mail and by phone are governed by French law. Any dispute that cannot be settled amicably, will be governed by the courts where Pearl's Vignes de France is registered or the court in the French department chosen by the Customer.
Main laws applicable
Article L217-4 of the French Consumer Code
“The seller shall deliver goods that comply with the contract and is liable for any conformity defects in existence at the time of delivery.
It is also liable for any conformity defects resulting from the packaging, assembly instructions or installation where it is responsible for the latter under the contract or they have been performed under its responsibility.”
Article L217-5 of the French Consumer Code
“In order to comply with the contract, the goods must:
1. be fit for the purpose usually expected of a similar good and, where applicable: – correspond to the description provided by the seller and possess the qualities presented by it to the buyer in the form of a sample or model; – present the qualities that a buyer may legitimately expect vis-à-vis the public declarations made by the seller, producer or its representative, notably in advertising or on the label; 2. present the characteristics jointly defined by the parties or be fit for the special purpose sought by the buyer where this has been brought to the attention of the seller and accepted by it.”
Article L217-12 of the French Consumer Code
“Action taken for defects is subject to a statute of limitation of two years starting from when the goods are supplied”.
Article L221-28 of the French Consumer Code
“The right of withdrawal cannot be exercised for contracts (…):
7. for the supply of alcoholic beverages for which delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the trader (…).”
Article 1641 of the French Civil Code
“The seller is obliged to guarantee in respect of hidden defects in the product sold which render it improper for the use to which it is destined, or which so far diminish such use, that the buyer would not have purchased it, or would not have given so high a price, if he had known them”.