DOMAINE DIRLER-CADÉ EARL
OWNERS – WINEGROWERS SINCE 1871
BIO-DYNAMIC AGRICULTURE SINCE 1998
Fine Wines of Alsace
13 rue d’Issenheim – F-68500 BERGHOLTZ
TELEPHONE 33 (0)3 89 76 91 00 – FAX 33 (0)3 89 76 85 97
E-mail : firstname.lastname@example.org – Website : www.dirler-cade.com
N° SIRET 412 324 089 000 17 – Bank : Crédit Agricole Alsace Vosges
N° IBAN FR 76 1720 6006 2050 4084 8801 078
Tasting by appointment from Monday to Saturday from 8:00 am to 11:45 am
and from 1:30 pm to 6 pm – only until 5 pm on Saturday.
Closed on Sundays and public holidays.
GENERAL CONDITIONS OF SALE
The consumer declares to have taken knowledge of the following provisions before placing order in the store Dirler-Cadé. By choosing to buy products online, you agree to the following terms.
ARTICLE 1 – CONDITIONS OF APPLICATION
The present general conditions of sale have for object to define the conditions to which are concluded the remote sales, in particular by the intermediary of the Internet site www.dirler-cade.com and the sale by correspondence, carried out by Dirler-Cadé, with the consumers located in Metropolitan France, and they constitute the law of the parts.
Consequently, the order placed by the client implies the latter’s unreserved acceptance of the present general conditions of sale which he acknowledges being fully aware of prior to the order, either in the documents sent to him with the order form, or on the website www.dirler-cade.com
Dirler-Cadé reserves the right to modify and update at any time its general conditions of sale. These modifications and updates will be imposed to the customer as from the date of their communication to this one or of their publication on the Internet site www.dirler-cade.com
The sale of alcohol to minors is prohibited, the customer who orders products agrees to be over 18 years old at the date of purchase. The abuse of alcohol is dangerous for your health and alcohol should be consumed in moderation.
For the customers located outside Metropolitan France, it is advisable for them to contact Dirler-Cadé in order to determine the conditions under which the sales could intervene.
ARTICLE 2 – OFFERS – ORDERS
The products offered for sale in the commercial documents sent by Dirler-Cadé to the client and on the internet site www.dirler-cade.com, are those described therein, with an indication of their price and their essential characteristics and delivery costs.
The period of validity of the product offers is specified on the commercial documents of Dirler-Cadé addressed to the customer and on the website www.dirler-cade.com and these offers are applicable to any order received before the expiry date of this period of validity. After this date Dirler-Cadé reserves the right to modify its offers.
In addition, the present general conditions of sale include the terms and conditions of delivery, the terms of payment, the guarantees inherent to the products, the contact details of Dirler-Cadé and the terms and conditions for exercising the right of withdrawal.
If the client does not consider himself sufficiently informed on these elements, he can, prior to placing an order, request additional information at the following telephone number: 03 89 76 91 00 or by e-mail at the following address email@example.com, Dirler-Cadé committing itself to provide the client with any additional information he may wish to obtain
As soon as the customer considers himself sufficiently informed, he will be able to place an order, it being specified that by placing an order, he implicitly acknowledges having obtained all the desired information.
It is specified that given the fact that the products sold by Dirler-Cadé are, by their nature, limited in quantity, they are offered for sale within the limits of available stocks and as far as the vintage of the products offered for sale is concerned, if a vintage was no longer available on the date of receipt of the order, it will automatically be replaced by a different vintage. In the event of a product being out of stock (other than a change of vintage), Dirler-Cadé undertakes to inform the client within a maximum period of 3 working days from the receipt of the order, by mail or e-mail, possibly offering the client a product of equivalent quality and price.
The customer will be able then, either to cancel his order against refunding of the paid price, or to order the products of nature and equivalent price which are possibly proposed to him, by informing Dirler-Cadé of his choice by mail or e-mail, within 5 days following the reception by him of the information concerning the unavailability of the ordered products.
In case of cancellation of the order, Dirler-Cadé commits to reimburse the client within a maximum of 14 days from the date of cancellation of the order by the client.
To place an order on the www.dirler-cade.com website, the client must follow the ordering process specified therein by filling out the online dematerialized order form.
For all other orders placed remotely, the client may return the order form sent to him/her, duly completed, to the address indicated in article 10 or he/she may place his/her order by telephone at the following number: 03 89 76 91 00
The customer communicates the information requested, necessary for the realization of the sale in the zone reserved for this purpose by taking care, on this occasion, not to omit any information essential to the good execution of the delivery (modalities of access, codes doors, fixed or mobile telephone number, e-mail).
After validation of the order and payment by the client of the price of the latter, on the website www.dirler-cade.com and/or after reception by Dirler-Cadé of the order form and payment by the client, the order is then final and the sale is deemed to have been made, so that the order can no longer be the subject of any cancellation or modification, without the prior written agreement of Dirler-Cadé, subject to the client exercising his right of withdrawal described in article 5 of the present general conditions of sale. Payment in the sense of this paragraph is the actual collection of the price by Dirler-Cadé. The client will receive written confirmation of his order, at the latest upon delivery of the ordered products, specifying his name and address, the price and characteristics of the ordered products, the conditions, costs and delivery times, the conditions and terms of the guarantees inherent to the products, the address and telephone number to which he can present his complaints.
Exceptionally, Dirler-Cadé reserves the right to cancel an order placed by a client if the order is abnormal with respect to the client’s true identity, the ownership of the payment method used by the client and the delivery address provided.
In this exceptional case, Dirler-Cadé reserves the right to ask the client in writing, on paper or by e-mail, for all the required proof of identity, ownership of the payment method used and the delivery address requested.
If the client fails to provide Dirler-Cadé with the requested evidence in writing or by e-mail within 8 days of receipt of the request made by Dirler-Cadé, Dirler-Cadé shall be entitled to cancel the order placed with the client by informing the client in writing or by e-mail of its decision.
In case of cancellation of the order, Dirler-Cadé commits to reimburse the client within a maximum of 14 days from the date of cancellation of the order.
ARTICLE 3 – DELIVERY AND TRANSPORT
The delivery times indicated hereafter or on any document emanating from the client or Dirler-Cadé are, unless otherwise stated, for products delivered by Dirler-Cadé or by a carrier appointed by it, to the address indicated in the order.
The delivery of the ordered products will be carried out, in Metropolitan France, by a carrier from a bottle, within a maximum of 10 working days, starting from the date of formation of the contract.
In case of impossibility for Dirler-Cadé to ensure the delivery of the ordered products within the 10 days period fixed above and as soon as the delay in delivery exceeds 7 working days and is not due to a case of force majeure, then the client will be able to cancel the sales contract.
In this case, the client must inform Dirler-Cadé by mail or e-mail and Dirler-Cadé will reimburse the client, as soon as possible and in any case within 14 working days as from the reception of the request for cancellation, all the sums that could have been collected during the placing of the order. The products sold by Dirler-Cadé travel at its own expense, risk and peril, the transfer of risks and responsibilities taking place at the time of delivery of the products to the client’s premises at the address indicated in the order, the client undertaking to be present at the time of delivery.
Dirler-Cadé cannot be held responsible for an impossibility of delivery independent of its will due in particular to the absence of the client, to an error of address, to a lack of information on the conditions of access to the place of delivery (door code…)
In case of lack, deterioration or non conformity of the delivered products compared to the order, the client will have to indicate his reserves in writing on the delivery form with his signature and will have to inform by mail or e-mail Dirler-Cadé of these incidents, in the 48 hours as from the delivery, in order to allow Dirler-Cadé to preserve its rights with regard to the carrier.
ARTICLE 4 – PRICE – PAYMENT
The prices of the products appearing on the internet site www.dirler-cade.com and on the commercial documents of Dirler-Cadé are inclusive of all taxes, including glass and lost packaging, for packaged products delivered to the address mentioned by the client. All modifications, either of rate, or in kind, of fiscal taxes, of rights, to which our sales are subjected are, as of their legal date of application, reflected on the indicated prices, as well as on the orders in progress.
It is advisable to add to these prices, the expenses of transport and delivery of which the customer will be able to clearly take note either on Internet site www.dirler-cade.com or in the documents which are addressed to him.
The validity period of the promotional offers for products appearing on the website www.dirler-cade.com and on Dirler-Cadé’s commercial documents is the one specified on the latter and these prices are applicable to any order received before the expiry date of this validity period. After this date Dirler-Cadé reserves the right to modify the promotional offers of its products.
The client may benefit from quantitative discounts which are clearly specified either on the website www.dirler-cade.com or in the documents sent to him.
The payment of the products ordered on the Internet site www.dirler-cade.com is carried out directly on this site, in cash, by bank card.
The accepted bank cards are the following ones: French cards or Euro zone, Eurocard, Mastercard, international Visa.
In order to ensure the security of online payments by credit card, Dirler-Cadé has adopted the PayBox system of the Crédit Agricole which uses SSL security protocol, in order to protect as effectively as possible all data related to the means of payment used by the client.
This system ensures the customer the confidentiality of the information transmitted on the website www.dirler-cade.com, the transmitted data being encrypted by a software which prohibits any reading during the course of the network.
The invoice corresponding to the ordered products will be sent to the customer with the delivery of these and the written confirmation of its order.
Any incident of payment will authorize Dirler-Cadé to suspend the execution of all the orders in progress and to refuse any new order of the customer, without this one being able to claim any damage and interest or allowance.
ARTICLE 5 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L 121-21 of the Consumer Code, the customer has a period of 14 clear days from the date of receipt of the products ordered to exercise its right of withdrawal. When the 14-day period expires on a Saturday or Sunday or a holiday or day off, the said period is extended until the next working day.
The client undertakes to inform Dirler-Cadé of the exercise of his right of withdrawal, within the above-mentioned period, by returning the withdrawal form by mail or e-mail.
In execution of his right of retraction, the client can return the ordered products to Dirler-Cadé, all the expenses of return of these products being chargeable to the client.
The return of the products must be carried out in the 14 days following the information addressed by the customer to Dirler-Cadé concerning the exercise of its right of retractation, with the following address: 13 rue d’Issenheim, 68500 Bergholtz.
It is expressly specified that the products objects of the right of retractation exercised by the customer will be taken again only if they are returned in their packing of origin and in perfect state of resale. Any product which would have been deteriorated or partially consumed will not be able to profit from the right of retractation envisaged by this article. Consequently, the customer is advised to keep the original packaging until the expiration of the withdrawal period and when opening the package not to deteriorate the packaging provided.
In the event of the client exercising his right of withdrawal, Dirler-Cadé undertakes to reimburse the client for all sums received by him for the purchase of the products, as soon as possible and at the latest within 14 days following the date of receipt of the products subject to the right of withdrawal in the premises of Dirler-Cadé or the date on which the consumer has provided Dirler-Cadé with proof of shipment of these products.
The client’s refund will be made by crediting his bank account or by check, depending on the method of payment used by the consumer.
If Dirler-Cadé fails to reimburse the sums due to the client within the period of 14 days referred to above, it will be liable to the client for late payment penalties set out in article L 121-21-4 of the consumer code, under the conditions stipulated therein.
ARTICLE 6 – GUARANTEE AND LIABILITY
It is the client’s responsibility to verify that the products ordered correspond to his needs, it being specified that prior to placing the order, the client has had the opportunity to obtain detailed information from Dirler-Cadé on the characteristics of the products ordered.
Given the nature of the products sold, Dirler-Cadé recommends that the client store them in a place that allows for proper conservation and in particular in a temperate place, protected from light, sun, frost and rain and without sudden temperature variations and free of odors.
Within the framework of the above provisions, Dirler-Cadé undertakes to guarantee the products sold against any defect or latent defect, under the conditions specified in articles 1641 to 1648 and 2232 of the Civil Code and to guarantee the conformity of the products under the conditions specified in articles L 211-4 to L 211-13 of the Consumer Code.
If the customer estimates that the delivered products were marred by defects or nonconformity, he will have to warn Dirler-Cadé, by registered letter with acknowledgement of delivery, as soon as possible as from the discovery of the defect, the defect or the nonconformity, by specifying the nature and the extent of the alleged defect, the defect or the nonconformity and by providing all the justifications as for the reality of these.
The client must allow Dirler-Cadé to make any observations that it deems necessary.
If at the end of these observations, it turns out that the delivered products were defective, tainted with defects or non-conforming, then Dirler-Cadé will replace these products free of charge, take charge of all the costs of returning these products and shipping products free of defects or non-conformity, or, if it is not possible to replace the products, reimburse the client for the price of these products
ARTICLE 7 – FORCE MAJEURE
Dirler-Cadé can be released from all or part of its obligations without being able to be claimed damages or indemnities, if there are cases of force majeure or fortuitous events preventing or delaying the delivery of the ordered products.
Are notably considered as cases of force majeure, storms, fires, floods, severe climatic phenomena, severe accidents of materials, mobilization, war, transport interruptions, modification of laws or regulations inherent to the products sold, strikes whether total or partial and more generally any element beyond the control of Dirler-Cadé.
In the event of a case of force majeure, Dirler-Cadé undertakes to inform the client as soon as possible by mail or e-mail.
Dirler-Cadé’s obligations will then be suspended by operation of law, without compensation of any kind, from the date of occurrence of the event characterizing the force majeure until the date of its end.
However, if the impediment linked to a case of force majeure lasts for more than one month, the client may, if he wishes, terminate the contract by registered letter with acknowledgement of receipt, without this giving rise to any right to damages or indemnity for either party.
Dirler-Cadé will then undertake to reimburse the client all sums paid to him, as soon as possible and in any case within a maximum period of 14 days following the notification of the cancellation of the sale by the client.
ARTICLE 8 – PERSONAL INFORMATION
Dirler-Cadé undertakes not to communicate to third parties any information transmitted to it by the client without the client’s prior written consent. This information will only be used by the internal services of Dirler-Cadé for the processing of the client’s orders.
In accordance with the data-processing law and freedom of January 6, 1978, the Internet site www.dirler-cade.com was the subject of a declaration near the National Commission Data processing and Freedoms and the customer has a right of access, of correction, suppression or opposition to the personal data concerning it.
To do this, it is enough for the customer to formulate the request to Dirler-Cadé, either by e-mail at the following address: firstname.lastname@example.org, or by mail at the following address 13 rue d’Issenheim, 68500 Bergholtz, by specifying its name, first name and address.
ARTICLE 9 – APPLICABLE LAW
The present general conditions of sale and all sales made by Dirler-Cadé are subject to French law which will govern any dispute relating to their interpretation, formation and/or execution.
ARTICLE 10 – ELECTION OF DOMICILE
Dirler-Cadé elects domicile at the following address: 13 rue d’Issenheim 68500 Bergholtz and on its internet site www.dirler-cade.com
Any correspondence concerning the remote sales carried out by Dirler-Cadé, in particular on the Internet site www.dirler-cade.com and in particular any complaint possibly carried out by the customer will have to be sent either with the address above by mail, or by e-mail with the address: email@example.com
ARTICLE 11 – JURISDICTION
In the event of litigation or dispute, the plaintiff may bring the matter before the court of the place where the defendant lives.
RCS Colmar TI 412 324 089 – Farming business with limited liability and a capital of 401900 euros – VAT ID No.: FR 52 412 324 089