TERMS AND CONDITIONS

​

1. OBJECT
1.  The purpose of this agreement is to provide for the conditions of distance selling and delivery of the products (hereinafter "the Products") offered for sale on the website accessible under the address  https://www.clossaintjoseph.org/ (hereinafter “the Site”), by the company CLOS SAINT JOSEPH (hereinafter the “Seller”), Simplified Joint-Stock Company (SAS) with capital of 8,000 Euros, registered at the Dijon RCS under number 823 952 585, intra-community VAT number FR74823952585 whose registered office is located at 14, Rue de Mazeray, 21190 Meursault - FRANCE represented by its Managing Director, Mr. Charles-Guillaume SIMON.
2.  The "Customer" is understood within the meaning of these Conditions as any natural or legal person making a private purchase of Products through the Site, to the exclusion of any purchase for resale and therefore of any natural or legal person who would proceed to a purchase on the Site in the context of a professional activity.
3. The subscription of a Purchase Order by the Customer on the Site implies acceptance by the latter, without reservation, of these General Conditions of Sale as well as the  Terms of Service  of the site.
4. In accordance with Article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the Customer undertakes, by completing the order form, to be eighteen (18) years old on the date of the order.

​

2. THE PRODUCTS AND THEIR AVAILABILITY
1.  The Seller offers on the Site the online sale of spirits (hereinafter the "Products"), exclusively for individuals over the age of 18. The Seller is free to select the Products offered for sale on the Site and reserves the right to modify this selection at any time.
2.  Each of the descriptive sheets of the Products for sale on the Site establishes a detailed description of the Product concerned.
The photographs and graphics reproduced and illustrating the Products are intended to give a representation of the Products as close as possible to reality, without the Seller being able to exclude minor differences between these visuals and the Products delivered, which are however not likely to affect the essential characteristics of the Products.
3.  The Seller strives to provide Customers with the most reliable and qualitative information concerning the Products for sale on the Site, but does not however guarantee the completeness of this information.
The Customer is invited to read upon receipt of the Products the information reproduced on the labeling, being reminded that he is solely responsible for the choice of the Products and their use, including the conditions of their conservation and consumption.
4.  For any questions concerning the Products and their use, the Customer is invited to contact customer service using the contact details given in article 12.
5.  The Products are offered for sale exclusively on the territory of Metropolitan France, excluding Corsica.
For other territories, the Customer is invited to contact customer service at the contact details given in article 12, in order to study the possibility and the specific terms of a possible delivery to the territory concerned.
The Seller will study on a case-by-case basis the possibility or not of sending the Products to the delivery address indicated, in particular with regard to the legislation and regulations in force in the country concerned, and reserves the discretionary faculty to accept or refuse to process the order.
6.  The offers of Products and prices are valid as long as they are visible on the Site, and under the conditions of availability provided at the time of placing the order, i.e. while stocks last.
In case of out of stock of the product ordered, the Seller will suggest to the Customer to modify the order, or to suspend the order until the next restocking on the reference(s) concerned.
7.  In the event of temporary or permanent unavailability of the Product ordered, or extension of the delivery period by at least 30 days, compared to the period announced at the time of the order, the Customer will however be perfectly free to request the cancellation of his order. . In this case,  the Seller will make the corresponding refund under the conditions referred to in article 9.

​

3. ORDER
3.1 CUSTOMER REGISTRATION
1.  The placing of an order on the Site is subject to the subscription of an Order Form on the Site, and to the validation of these General Conditions of Sale.
2.  By completing the Order Form, the Customer undertakes to provide accurate and sincere information on his situation.
The Seller particularly draws the Customer's attention to the need for the latter to provide him with a valid email address and mobile phone number so that he can be reached at any time, if necessary, by the carrier.
The Customer is also invited to provide the best possible information on the order form for the fields relating to information facilitating delivery (door code, intercom, etc.).
3.  The Customer must be a legal or natural person aged at least 18 and have the legal capacity to be able to place an order on the Site.
It is recalled that the offers of Products offered through the Site are not accessible to natural or legal persons who wish to make a purchase on the site for the purpose of purchase for resale.
4.  The Seller reserves the discretion to refuse, or to invalidate a posteriori the registration and the order of a Customer whose information proves to be inaccurate, in particular concerning his age.

3.2 ORDER PROCESS
1. The contractual information as well as the details of the order, are the subject of a detailed summary (price, possible price reductions, volumes, characteristics of the Products, quantities, method and delivery times) on the Order Form accessible at the end of the ordering process.
The Customer is invited to read carefully the details of his order, and to correct any errors that it may contain before validating it.
2.  The validation click executed on the validation and acceptance of the General Conditions of Sale page formalizes the confirmation of the order and constitutes irrevocable acceptance of these General Conditions of Sale.
This click of validation is worth final consent to contract with CLOS SAINT JOSEPH for the selected products, subject to the exercise of the right of withdrawal, reserved for individuals, as referred to in Article 5 hereof.
The validation click constitutes an electronic signature. It is expressly understood between the parties that this electronic signature has, between them, the same value as a handwritten signature.
After having validated his order on the Site, the Customer will receive by email an acknowledgment of receipt of order from CLOS SAINT JOSEPH, provided that the email address indicated in the Order form is valid and contains no error.
This order confirmation email will constitute acceptance by CLOS SAINT JOSEPH of the order and will thus form the sales contract between the Customer and CLOS SAINT JOSEPH.
It will contain all the constituent elements of the contract concluded between the Customer and CLOS SAINT JOSEPH (Products ordered, prices, prices, time and place of delivery or issue, shipping method and costs, etc.).
3.  CLOS SAINT JOSEPH reserves the right not to confirm an order for any reason whatsoever, relating in particular to either a problem with the supply or availability of the Product, or a dispute relating to the payment of a previous order.
4.  The Seller reserves the right not to confirm an order for any reason whatsoever, relating in particular to the Customer's age, or to a problem with the supply or availability of the Product, or even a dispute relating to payment. from a previous order.

3.3 PROOF OF ORDER
The computerized registers, kept in the computer systems of the Seller or its subcontractors, under reasonable security conditions, will be considered as proof of communication, orders and payments between the Customer and the Seller.
The archiving of Purchase Orders, Order Confirmations and invoices is carried out on a reliable and durable medium that can be produced as proof.

​

4. FINANCIAL CONDITIONS
4.1 PRICES
1.  The prices of the Products are displayed on the site in Euros including all taxes, excluding packaging and transport costs, and apply to all Customers wishing to be delivered in Metropolitan France, with the exception of Corsica.
2.  The prices of the Products selected by the Customer will appear in the order summary, including all French taxes and will include packaging, transport and other order processing costs.
3.  CLOS SAINT JOSEPH reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of the registration of the orders, subject to availability on that date.
4.  If one of the Products offered for sale on the Site contains a price error, the price will, in any case, be verified when sending the Order Confirmation Email referred to in Article 3.2.3, and corrected if necessary.
5.  If the corrected price is lower than the price displayed on the Site, the Seller will apply the lowest price and will refund the difference under the conditions referred to in Article 9. If the corrected price is higher than the price displayed on the Site, the Seller will inform the Customer and proceed with the cancellation of the order, unless the Customer accepts the order at the new price by confirming this acceptance by email addressed to Customer Service. In this case, the Customer will be asked to pay the difference between the amount already paid and the amount finally due, under the conditions that will be indicated to him by the Seller.

4.2 PAYMENT
1.  Orders are payable exclusively in Euros.
2.  Payment for orders is made online, on the Site, by credit card, through the PAYPAL secure payment solution.
The Customer must enter the name and surname of the holder of the bank card, the number and expiry date of the latter, as well as the visual cryptogram (CVV) appearing on the back of the bank card.
Bank cards are accepted  : Carte Bleue, Visa, MasterCard and AMERICAN EXPRESS.
The Customer must also submit to the 3D SECURE authentication system set up by the VISA and MASTERCARD bank card networks in order to reinforce the security of transactions carried out by holders of VISA and MASTERCARD bank cards. During the transaction, the Client's Bank verifies that the Client is indeed the legitimate holder of the card.
CLOS SAINT JOSEPH guarantees the security and confidentiality of the Customer's data relating to his bank card. PAYPAL has indeed adopted the TSL encryption process, which ensures the reliability of exchanges and transactions by encrypting at the time of their entry all the personal data essential to process orders, such as addresses, email, credit card number and bank details. . The bank details are thus encrypted and transmitted directly to the  PAYPAL  via a secure connection, without passing through the Site.
3.  CLOS SAINT JOSEPH reserves the right to refuse to process an order for which payment has been refused by the bank payment centers concerned.

4.3 INVOICE
The Customer will receive on his email address an invoice established in his name.

​

5. CANCELLATION - WITHDRAWAL
1.  The Customer may cancel his order free of charge within a maximum of one hour following its validation on the Site, by calling the Seller's customer service at the contact details and at the opening hours stipulated under article 12.
2.  In accordance with European and national regulations, the Customer who is a natural person, excluding legal persons, has a right of withdrawal of seven (7) working days from the delivery of the Product(s) ordered to return to the Seller the said Products, without having to justify themselves. If this period expires on a Saturday, Sunday or public holiday, it will be extended until the next working day.
3.  The Customer wishing to withdraw must send to Customer Service (see Article 12), before the end of this period of seven (7) days, the postmark being authentic, either a registered letter or an email.
4.  The withdrawal will only be taken into account upon receipt by the Customer of an email confirming the registration of his order return request, and indicating the procedure for returning the Product.
5.  The exercise of his right of withdrawal by the Customer will only be accepted by CLOS SAINT JOSEPH for Products in perfect condition for resale.
Products returned unopened, damaged, damaged or soiled by the Customer will not be taken back.
6.  This right of withdrawal is exercised without penalty except for the return costs which will be borne by the Customer.
7.  The Customer will be refunded the amount of the order, including the costs of the initial shipment, under the conditions referred to in Article 9 hereof.
8.  Any return request received by the Seller after the withdrawal period of (7) seven days cannot be accepted, except in the case of non-compliance (cf. art.7.1) or hidden defect (cf. art.7.2 ).
In particular, the following reasons will not be taken into account:
- Impossibility of contacting customer service by telephone (the Customer may send a postal or electronic mail to the contact details given in article 12);
- Absence of the Customer during the period of 7 days following receipt of the order by a third party;
- Product offered by the Customer after the period of 7 days following receipt of the order.

​

6. DELIVERY - COLLECTION
CLOS SAINT JOSEPH offers the Customer two methods of delivering the Products, namely either the delivery of the Products to the address of his choice, or the collection of the Products by the Customer and by his own means at the premises of CLOS SAINT JOSEPH, at the contact details referred to in Article 12.

6.1 Delivery
1.  The Products are delivered exclusively on the territory of Metropolitan France, excluding Corsica.
For any territory other than that of Metropolitan France, the Customer is invited to contact CLOS SAINT JOSEPH in order to study the possibility and the specific terms of a possible delivery to the territory concerned.
2.  The Products are delivered to the delivery address indicated by the Customer during the ordering process, and also appearing in the order confirmation email referred to in article 3.2.3. In the event of an error in the wording of the Customer's contact details (in particular surname, first name, number and street name, postal code, telephone number or email address, etc.), the Seller cannot be held responsible for the impossibility or late delivery.

6.2 Shipping Methods
1.  The modes of transport vary according to the quantities of Products ordered and the choice made by the Customer.
The details of the Seller's offer in terms of shipping methods and costs and delivery times are included in the section  SHIPPING COSTS .
2.  Transport rates always include insurance of the package against loss or damage caused to the Product(s) transported, excluding immaterial damage, damage resulting from delay and indirect damage. (deprivation of enjoyment...).

6.3 Deadlines
1.  The Seller will indicate to the customer the delivery deadline on the Product presentation page in the Confirmation Email referred to in Article 3.2.3.
This period runs from the date of the effective collection of the payment.
In the event of a delay of more than seven (7) days in relation to this announced delivery deadline, the order may be canceled and refunded at the Customer's request, under the conditions referred to in Article 9, from the date of acceptance of the proposal that will be made to him, unless he requests that his order be maintained.
2.  The Products will be shipped within an average of one to two working days following receipt of the amount of the order, to which should be added the delivery times of the carrier.
CLOS SAINT JOSEPH makes its best efforts to shorten these deadlines, but cannot be held responsible for the consequences due to any delay in delivery of the products ordered (deprivation of use, etc.).
3.  The Customer acknowledges having been informed and accepts that, except in exceptional cases to which the carrier is in no way bound, he must take delivery of the Products when alighting from the transport vehicle, since the general conditions of service of the carriers stipulate that the drivers transport vehicles are not required to deliver to the floors of apartment buildings.
4.  In the event that the Customer is absent at the time of delivery, and where he does not collect the Product(s) within the time limits set by the carrier, these will be returned to the Seller who will reimburse the price to the Customer, less postage, including return, and packaging, under the conditions referred to in article 9, except where the Customer wishes his order to be sent to him again, at his expense.

6.4 Removal
The Customer may, by his own means, collect the Products from the CLOS SAINT JOSEPH collection points in MEURSAULT, at the contact details stipulated in article 12 hereof, once he has been notified by telephone or by any other means selected at the time of its order, the date and time of availability of the Products in this store.
From this information, the Customer will have a maximum period of 2 months to collect the Products, only during the days and dates when the CLOS SAINT JOSEPH store is open.

​

7. GUARANTEES

7.1 COMPLAINTS - CONFORMITY AND APPARENT DEFECTS
1.  In order to avoid any inconvenience to the Customer, the Seller checks before their dispatch the conformity of the Products with the order.
2.  The Seller undertakes to reimburse or exchange the Products which do not correspond to the characteristics specified in the Order Form, which have been altered or which present an apparent defect.
3.  The Customer is requested in this case to notify the carrier, by registered letter with acknowledgment of receipt and no later than three working days following delivery, of any reservations about the Product delivered (for example: damaged package, already opened, or Product (s) not corresponding to the order…).
The Customer must report the non-compliance or apparent defects of the Product(s), in detail, by email addressed to the Seller's Customer Service, within three (3) working days of receipt of the package.
Any claim made outside this period cannot be accepted, except in the context of the guarantee against latent defects, the claim must in this specific case be made under the conditions referred to in article 7.2 hereof.
4.  The Seller will then send him a letter confirming his acceptance of the return of the Product(s), as well as, where applicable, a return number which he must include on the package when returning the non-compliant or defective Product.
5.  The Products must be returned unopened and unopened, and in perfect condition for resale.
Products returned unsealed, uncorked, damaged, damaged or soiled by the Customer will not be taken back or refunded.
6.  Any return accepted by CLOS SAINT JOSEPH, in the event of an apparent defect or non-compliance of the Products delivered, will enable the Customer to obtain free replacement or reimbursement of the said Product(s), in accordance with the provisions of the Article 9 of these General Conditions of Sale, to the exclusion of any other indemnity and interest.
7.  In both cases of a request for reimbursement or replacement of the Product(s), accepted by CLOS SAINT JOSEPH, the shipping and return costs of the said Products will be reimbursed on the basis of the price invoiced.
The Vendor will not accept parcels sent postage due.
Any risk related to the return of the Products will be borne by the Customer.

7.2 HIDDEN DEFECTS
1.  The Seller is bound by the legal guarantee against hidden defects, within the meaning of article 1641 and following of the Civil Code which provides: "The seller is bound by the guarantee for the reason of the hidden defects of the thing which make it unsuitable for use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them".
2.  The Customer therefore has a period of 6 (six) months, from the discovery of a latent defect affecting the Products, to send the Seller a request aimed at benefiting from the guarantee against latent defects which would affect the Products.
The complaint must be made as soon as possible following the discovery of the said defect by the Customer.
3.  In order to allow the Seller to appraise the Product himself, the Customer is asked to kindly leave them at his disposal according to the terms that will be communicated to him, it being specified that the Seller will organize their removal at his own expense.
4.  If the hidden defect concerns less than two bottles, the Customer will be reimbursed for the value of the Products concerned in the form of a credit note.
Beyond two bottles, the refund will be made under the conditions referred to in article 9.
5.  To be able to benefit from the guarantee of the Products, the Customer must imperatively keep the purchase invoice of the Products.
6.  In any case, the Customer who denounces the existence of a hidden defect must be able to demonstrate that:
- the defect was prior to the sale;
- the Product has been kept and stored under conditions of temperature, humidity and vibration appropriate to the nature of the Product;
- the defect is not related to time or to the normal evolution of the Product.

8. RETENTION OF OWNERSHIP CLAUSE
By express agreement, the Seller reserves ownership of the Products supplied until the day of their full payment, in accordance with the terms of law no. 80 336 of May 1, 1980, relating to retention of title.

This provision does not preclude the transfer to the Customer of the risks related to the Products sold, upon shipment of the Products.

9. REFUND
1.  Refunds for Products in the cases referred to in Articles 2.7, 4.1, 5, 7.1 and 7.2 will be made within a period of less than or equal to 15 days after receipt of the Products by the Customer.
2.  Reimbursement will be made at the Vendor's option by crediting the Customer's bank account or by check.

​

10. LIABILITY
1.  The Products offered comply with the Community legislation in force and with the standards applicable in France and in the European Union.
2.  The Seller cannot be held responsible for the non-performance of the contract, in a situation of force majeure, as defined by the case law, or even because of the Customer or the unforeseeable and insurmountable fact of a third party.
3.  The Customer is solely responsible for the choice of Products, as well as their storage and consumption methods.
4.  In all cases where the Seller's liability is called into question, it may not exceed the amount excluding tax of the order concerned.

​

11. INTELLECTUAL PROPERTY
1.  All the visuals and photographs visible on the Site, and in particular those representing and illustrating the Products are necessarily protected by copyright and all other intellectual property rights and belong to the Seller or to third parties having authorized CLOS SAINT JOSEPH to use them. .
Any reproduction and/or representation of any kind whatsoever, without authorization, of a visual or a photograph represented on the Site constitutes an infringement and will be prosecuted.
2.  Similarly, all other data of any kind whatsoever, and in particular texts, graphics, logos, icons, images, photographs, audio or video clips, trademarks, software, characteristics of the site appearing on the Site are necessarily protected by the copyright, trademark law and all other intellectual property rights, and belong to the Seller or to third parties having authorized CLOS SAINT JOSEPH to use them.
3.  The Seller grants the Customer a private, non-collective and non-exclusive right to use said data.
4.  The Customer undertakes under these conditions not to reproduce, summarize, modify, alter or redistribute, without the express prior authorization of CLOS SAINT JOSEPH, any text, title, application, software, logo, image, graphic charter, brand, information or illustration, for a use other than strictly private.

​

12. CUSTOMER SERVICE
1.  For any information or questions, Customer Service is available to Customers:
- by telephone on +33 (0)6.66.67.77.47: Monday to Friday from 9 a.m. to 12 p.m. and 2 p.m. to 6 p.m.
- preferably by e-mail to the address:  clos.saintjoseph@orange.fr
- by post to the following address: CLOS SAINT JOSEPH-  14th street  de Mazeray - 21190 Meursault – FRANCE.

​

13. PERSONAL DATA
1.  In accordance with the provisions of Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, and the decision of the CNIL (Commission Nationale Informatique et Liberté) of July 10, 2006 to remove the obligation website declaration for the benefit of the procedure for declaring the processing associated with said site, CLOS SAINT JOSEPH has declared its client/prospect file to the CNIL.
2.  Customers have, in accordance with the provisions of the Law of January 6, 1978, a right of access to data concerning them, as well as a right to modify, rectify and delete them.
3.  To exercise this right, all they need to do is send a postal or electronic mail to the contact details given in article 12 of these Conditions.
4.  The personal data relating to Customers, collected directly through the forms and indirectly during their navigation to and on the Site, and all future information, are only intended for the exclusive use of CLOS SAINT JOSEPH, within the framework the implementation of the services offered to Customers on the Site, as well as for the establishment of statistics for internal use, and are not the subject of any communication or transfer to third parties, other than the technical service providers in charge of the management of the Site, who are required to respect the confidentiality of the information and to use it only for the specific operation for which they must intervene.
5.  Customer data will also be used to strengthen and personalize communication with them, in particular through newsletters to which they may have subscribed.

14. MISCELLANEOUS
1.  These conditions, as well as those appearing in the order confirmation email referred to in article 3.2.3, express all of the obligations of the Customer as well as those of the Seller.
The Seller reserves the right to unilaterally modify the terms hereof, the conditions applicable to the Customer being those in force on the Site on the date the Customer places his order. The Customer is therefore advised to regularly refer to the latest version of the General Terms and Conditions of Sale, permanently available on the link “  Terms of Sales  " of the site.
2.  In the event that one of the provisions of these Conditions would be considered null by virtue of a legal or regulatory provision, present or future, or of a court decision bearing the authority of res judicata and emanating from a court or a competent body, this provision of the contract would then be deemed unwritten, all the other provisions of these Conditions retaining binding force between the parties.
3.  The fact that one or other of the parties does not avail itself at a given time of any of the provisions of these general conditions can never be considered as a waiver on its part of the rights it holds under these conditions. .

​

15. APPLICABLE LAW – DISPUTES
1.  These General Conditions of Sale are subject to French law, and only the French language version is authentic for their interpretation.
2.  Any dispute arising from the execution or interpretation of the provisions of this contract obliges the parties to come together and try to find an amicable solution to their dispute, before seizing the competent court.

​

I ACKNOWLEDGE THAT I HAVE FULLY READ AND ACCEPT THE SITE'S GENERAL CONDITIONS OF SALE WITHOUT RESERVES  https://www.clossaintjoseph.org/