General terms
and conditions of sale

Non-professional buyers
Sale to individuals over the age of 18.

SCA du MUSCAT DE LUNEL Route de Lunel-Viel – Vérargues – 34400 ENTRE-VIGNES
RCS 775 589 849 de Montpellier
VAT number FR04 775 589 849

Unique REP / ADEME Identifier, ADELPHE Affiliation: FR212711_01KOKA

Excise: FR 093292E0035

Coopérative certified on January 15, 1957 No. A34371

Muscat de Lunel Icone

Article 1: Entirety

These general terms and conditions of sale (GTC) express the full obligations of the parties. In this regard, the buyer is deemed to accept them without reservation. Therefore, they are enforceable against the buyer in accordance with Article 1119 of the French Civil Code. These GTC apply to the exclusion of all other conditions, especially those applicable to in-store sales or through other distribution and marketing channels.

The GTC are accessible on the seller’s website www.muscatdelunel.com and will take precedence, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its GTC occasionally. The present general terms and conditions of sale are valid until a revision is necessitated by legal requirements or changes in marketing conditions.

The GTC will be applicable as soon as they are posted online. If a sale condition is missing, it will be governed by the practices in force in the distance selling sector whose companies are based in France.

Article 2: Content

The GTC aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the seller’s website.

The GTC only concern purchases made by buyers located in France and delivered exclusively within French territory. For any delivery outside of France, a message should be sent to the seller at commande@muscatdelunel.fr.

These purchases concern the following products: bottles of wine available online.

Article 3: Pre-contractual Information

3.1 – The buyer acknowledges having received, prior to placing the order and concluding the contract, in a readable and understandable manner, these general terms and conditions (GTC) and all the information listed in Article L. 221-5 of the French Consumer Code.

3.2 – The following information is clearly and comprehensively communicated to the buyer:

-the essential characteristics of the good or service;
-the price of the good or service;
-any additional transport, delivery, or postage fees, and any other potential costs;
-if the contract is not executed immediately, the date or time frame within which the provider commits to delivering the goods or providing the service, regardless of its price;
-information related to the provider’s identity, postal, telephone, and electronic contact details, and its activities, as well as information on legal warranties, digital content functionalities, and, if applicable, its interoperability, along with the existence and terms of warranties and other contractual conditions.

3.3 – The seller communicates the following information to the buyer:

-its name or business name, geographical address of the business, and, if different, that of the head office, along with its phone number and email address;
-terms of payment, delivery, and execution of the contract, as well as the methods for handling complaints;
-in case of a sale, the existence and methods for exercising the legal conformity warranty provided in Articles L. 217-1 and following of the French Consumer Code, the hidden defect warranty as provided in Articles 1641 and following of the French Civil Code, and, if applicable, the commercial warranty and after-sales service respectively mentioned in Articles L.217-15 and L.217-17 of the French Consumer Code;
-the contract duration when it is concluded for a fixed term, or the conditions of termination for contracts with an indefinite term.

3.4 – Regarding digital content, the seller indicates:

-any relevant interoperability of the content with specific hardware or software that the professional has or should reasonably be aware of.

Article 4: Order

The buyer can place an order online from the online catalog using the provided form, for any product, subject to availability.

In the case of a product being unavailable, the buyer will be informed via email.

To validate the order, the buyer must accept these GTC by clicking where indicated, select a delivery address and method, which will determine delivery costs, and finally validate the payment method.

The sale will be considered final:
-after the seller sends the buyer a confirmation email accepting the order;
-and after the seller has received full payment.

Placing an order implies acceptance of the prices and descriptions of the products available for sale. Any disputes will be handled through exchange and the warranties mentioned below.

In certain cases, such as non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved.
The cancellation and potential refund for the ordered product will be processed, while the rest of the order will remain final.

For any questions regarding the status of an order, the buyer can call the seller at +33 4 67 86 86 42 (local call rate) during the following cellar hours:
Monday: 9 a.m. – 12 p.m. and 2 p.m. – 6 p.m.
Tuesday to Friday: 8 a.m. – 12 p.m. and 2 p.m. – 6 p.m.
Saturday: 9 a.m. – 12 p.m. and 2 p.m. – 6 p.m. (open April to December).

Article 5: Electronic Signature

Providing the buyer’s credit card number online and final validation of the order will serve as proof of the buyer’s agreement:
-to the sums due as per the order,
-to their signature and explicit acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is encouraged to contact the seller immediately at commande@muscatdelunel.fr or by post at: SCA du Muscat de Lunel – Route de Lunel – Vérargues – 34400 ENTRE-VIGNES.

Article 6: Order confirmation

The buyer may request a signed paper copy of the contract from the seller, or, with the buyer’s consent, a copy on another durable medium, confirming the parties’ explicit agreement unless the order was confirmed via electronic signature.

Article 7: Proof of Transaction

Computerized records, stored in the seller’s systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. The storage of order forms and invoices is performed on a reliable and durable medium that can serve as evidence.

Article 8: Product Information

The products governed by these GTC are those listed on the seller’s website and marked as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented as accurately as possible. However, the seller cannot be held responsible for any errors or omissions in this presentation.

Product photographs are not contractual.

Article 9: Prices

The seller reserves the right to modify its prices at any time but agrees to apply the rates in effect at the time of the order, subject to product availability on that date.

Prices are indicated in euros. They do not include delivery costs, which are charged in addition and indicated before the order is validated. Prices include applicable VAT on the day of the order, and any change in the VAT rate will automatically be reflected in the price of products in the online store. Payment of the full price must be made at the time of ordering.
At no time may the sums paid be considered deposits or down payments.

If one or more taxes or contributions, particularly environmental ones, are created or modified, either upward or downward, this change may be reflected in the sale price of the products.

Article 1: Payment Method

This is an order with an obligation to pay, which means placing an order requires the buyer to make payment.

To pay for the order, the buyer may choose from all payment methods provided by the seller and listed on the seller’s website. The buyer guarantees to the seller that they have any necessary authorizations to use the payment method chosen at the time of validating the order. The seller reserves the right to suspend order management and delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The seller also reserves the right to refuse delivery or honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is being processed. The seller has implemented a procedure for verifying orders to ensure that no one uses another person’s bank details without their knowledge.

As part of this verification, the buyer may be required to send the seller a copy of an ID and proof of address by fax or email. The order will only be validated after the seller has received and verified the documents sent.

Payment is made in full at the time of the order by secure credit card payment (Secure Socket Layer). The seller’s website guarantees a risk-free purchase with complete confidence. When the buyer places an order on the seller’s website, www.muscatdelunel.com, they are redirected at the time of payment to the secure e-transaction server of CREDIT AGRICOLE or PAYPAL, or any other financial service provider designated by the seller. Credit card information entered is encrypted using SSL (Secure Socket Layer) protocol. Only the bank has access to this financial information. In addition to being encrypted and unreadable, this information is not stored on our servers. Our bank acts as a trusted third party.

Payments made by the buyer are considered final only after the seller has actually received the sums due.

Article 11: Product Availability – Refund – Cancellation

Unless in case of force majeure or during periods of closure of the online shop, clearly announced on the homepage, the shipping times will, within the limits of available stock, be as stated below. Shipping times are calculated from the order registration date, indicated in the order confirmation email.

For deliveries within mainland France, the timeframe is 5 business days from the day following the buyer’s order.

In the event of non-compliance with the agreed delivery date or time, the buyer must, before canceling the contract, ask the seller to execute it within a reasonable additional timeframe.

If execution still does not occur within this additional period, the buyer may freely cancel the contract.

The buyer must complete these formalities by registered letter with acknowledgment of receipt or by written notice on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or written notice informing them of this cancellation, unless the seller executes the contract in the meantime.

In this case, when the contract is canceled, the seller must refund the buyer all sums paid, at the latest within 14 days following the date on which the contract was terminated.

According to Article L. 242-4 of the French Consumer Code, if the professional has not refunded the sums paid by the consumer, the amounts due are automatically increased by:
-The legal interest rate if the refund is made within 10 days after the 14-day period mentioned above,
-5% if the delay is between 10 and 20 days,
-10% if the delay is between 20 and 30 days,
-20% if the delay is between 30 and 60 days,
-50% if the delay is between 60 and 90 days,
-And an additional 5% per additional month of delay, up to the product price, then at the legal interest rate.

In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and may choose to cancel the order. The buyer may then either request a refund of the sums paid within 30 days or exchange the product.

Article 12: Delivery terms

Delivery is understood as the transfer to the consumer of physical possession or control of the goods. It is made only after payment confirmation by the seller’s bank.

The ordered products are delivered according to the following terms: either by hand delivery against receipt at the wine cellar or by shipping under conditions agreed between the parties.

No deliveries are made to temporary residences (hotels, campsites, guest houses, etc.), PO boxes, or poste restante addresses. Products are delivered to the address provided by the buyer on the order form, and the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. Upon request, the buyer can have an invoice sent to the billing address instead of the delivery address by selecting the option provided on the order form.

If the buyer is absent on the delivery day, the delivery person will leave a notice of passage in the mailbox, allowing the buyer to collect the package at the specified location and within the indicated timeframe.

If at the time of delivery the original packaging is damaged, torn, or opened, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).

The buyer must indicate on the delivery note any anomalies regarding the delivery (damage, missing product compared to the delivery note, damaged package, broken products) in the form of handwritten reservations accompanied by their signature.

This verification is considered completed once the buyer, or a person authorized by them, has signed the delivery note.

The buyer must then confirm these reservations by registered letter to the carrier within two business days following the receipt of the items and send a copy of this letter to the seller at the address listed in the legal notices on the website.

If products need to be returned to the seller, a return request must be made within 7 days following the delivery. Any claim made outside of this period cannot be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions).

Article 13: Delivery errors

The buyer must file any claim of delivery error and/or non-conformity of products in type or quality compared to the details on the order form with the seller on the day of delivery or no later than the first business day following delivery. Any claim made after this period will be rejected.

The claim can be made, at the buyer’s choice:
-by phone: +33 4 67 86 86 42
-by email to the seller: commande@muscatdelunel.fr

Any claim not made according to the rules defined above and within the given timeframe will not be considered, releasing the seller from any liability toward the buyer.

Upon receiving the claim, the seller will assign an exchange number for the product(s) in question and communicate it to the buyer via email. An exchange of a product can only take place after the exchange number is assigned.

In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, via Colissimo Recommandé, to the seller’s address: SCA du Muscat de Lunel – Route de Lunel-Viel – Vérargues – 34400 ENTRE-VIGNES.

Return costs are the buyer’s responsibility.

Article 14: Risk Transfer

All risk of loss or damage to the product is transferred to the consumer when the consumer or a third party designated by them takes physical possession of the goods.

Article 15: Product warranty

The seller is responsible for the conformity of the goods with the contract, allowing the buyer to file a request under the legal conformity warranty provided for by articles L. 217-4 and following of the French Consumer Code or the warranty for hidden defects under articles 1641 and following of the French Civil Code.

When the legal conformity warranty is applied, it is recalled that:

  • the buyer has a period of 2 years from the delivery of the goods to act;
  • the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided by Article L. 217-17 of the Consumer Code;
  • the buyer is exempt from proving the existence of the non-conformity of the goods during the 6 months following delivery.


Additionally, it is recalled that:

  • the legal conformity warranty applies independently of any commercial warranty that may be granted;

  • the buyer may choose to implement the warranty for hidden defects of the sold product under Article 1641 of the Civil Code. In this case, they can opt for cancellation of the sale or a price reduction according to Article 1644 of the Civil Code.

In any case, the buyer cannot claim any warranty for an opened product.

Article 16: Right of Withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs, which remain the buyer’s responsibility.

The products must be returned in their original packaging and in perfect condition within 14 days of the buyer’s notification to the seller of their decision to withdraw.

Returns must be made in their original and complete condition (packaging, accessories, instructions), allowing them to be resold as new, along with the purchase invoice.

Damaged, dirty, or incomplete products, including torn labels, are not accepted for return.

The right of withdrawal may be exercised by post using the forms available online, particularly the standard form reproduced in Annex 2 of these Terms and Conditions of Sale. The right of withdrawal must be unambiguous and express the will to withdraw.

In the event of exercising the right of withdrawal within the period mentioned above, the purchase price of the product(s) and the delivery costs will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 14 working days from the receipt by the seller of the products returned by the buyer under the conditions provided above.

Article 17: Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions are considered as grounds for exemption from the parties’ obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Any irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as cases of force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts more than three months, these General Terms and Conditions may be terminated by the injured party.

Article 18: Intellectual Property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole holder of intellectual property rights over this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

Article 19: Data Protection - Protection of Personal Data

The personal data provided by the buyer are only those strictly necessary for processing their order, issuing invoices and carrying out advertising campaigns, if the buyer has accepted, concerning products similar to those you order.

The data is stored by the host of the seller’s website at the time of the conclusion of the sale. The data is stored for 10 years corresponding to the retention obligations of the invoicing documents.

They may be communicated to the competent internal services of the seller to carry out the processing of the order and to the possible partners of the seller responsible for the execution, processing, management and payment of orders.

You can access the data concerning you, rectify it or have it deleted. You also have a right to portability and a right to limit the processing of your data (Visit cnil.fr website for more information on your rights). To exercise these rights or for any questions about the processing of your data in this system, the buyer can contact SCA du Muscat de Lunel – Route de Lunel-Viel – Vérargues – 34400 ENTRE-VIGNES, or by e-mail : commande@muscatdelunel.fr

If you believe, after contacting the seller, that your “Data Protection” rights have not been respected, you can submit a complaint online to the CNIL.

Article 20: Partial non-validation

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision by a competent court, the other provisions will retain their full force and scope.

Article 21: Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these General Terms and Conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 22: Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles shall be declared non-existent.

Article 23: Language of the contract

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

Article 24: Mediation

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

Article 25: Applicable law

These General Terms and Conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution.

Article 26: Need help?

Contact us at commande@muscatdelunel.fr for any questions regarding refunds and returns.

Article 27: Appendices

These General Terms and Conditions include two appendices:
Appendix 1: Provisions relating to legal guarantees
Appendix 2: Standard withdrawal form

Appendix 1: Provisions relating to legal guarantees

Reproduction of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 of the Consumer Code and reproduction of Articles 1641 and 1648 of the French Civil Code.

CONSUMMER CODE:

Article L217-4

The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:


  1. It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

  2. It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
  3. It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;

  4. It is updated in accordance with the contract.

In accordance with Article 21 of Ordinance No. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022.

Article L217-5

I.-In addition to the criteria of conformity to the contract, the good is compliant if it meets the following criteria:

  1. It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
  2. Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;
  3. Where applicable, the digital elements it contains are provided according to the most recent version that is available at the time of the conclusion of the contract, unless the parties agree otherwise;

  4. Where applicable, it is delivered with all the accessories, including packaging, and installation instructions that the consumer can legitimately expect;

  5. Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19;
  6. It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as to the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.


II.-However, the seller is not bound by any public statements referred to in the preceding paragraph if he demonstrates:

  1. That he was not aware of them and was not legitimately in a position to know them;
  2. That at the time of the conclusion of the contract, the public statements had been rectified under conditions comparable to the initial statements; or

  3. That the public statements could not have had any influence on the purchasing decision.

III.-The consumer may not contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he was specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when concluding the contract.

Note: In accordance with Article 21 of Ordinance No. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022.

Article L217-12

The seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:



  1. The value that the good would have in the absence of a lack of conformity;
  2. The significance of the lack of conformity; and

  3. The possible possibility of opting for the other choice without major inconvenience for the consumer.

The seller may refuse to bring the good into conformity if it is impossible or entails disproportionate costs, in particular with regard to 1° and 2°.


When these conditions are not met, the consumer may, after formal notice, pursue the specific performance of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.

Any refusal by the seller to proceed according to the consumer’s choice or to bring the goods into conformity, must be justified in writing or on a durable medium.

Note: In accordance with Article 21 of Ordinance No. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded from January 1, 2022

Article L217-16

In the cases provided for in Article L. 217-14, the consumer informs the seller of his decision to terminate the contract. He returns the goods to the seller at the latter’s expense. The seller reimburses the consumer for the price paid and returns any other benefit received under the contract.


If the lack of conformity only concerns certain goods delivered under the sales contract, the consumer has the right to terminate the contract for all goods, even those not covered by this chapter, if he cannot reasonably be expected to agree to keep only the goods that conform.

For contracts referred to in II of Article L. 217-1, providing for the sale of goods and, as an accessory, the provision of services not covered by this chapter, the consumer has the right to terminate the entire contract. In addition, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer has the right to terminate all contracts relating thereto.



The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of termination for digital content and digital services, are applicable to the termination of the contract for the sale of goods containing digital elements.

Note: In accordance with Article 21 of Ordinance No. 2021-1247 of September 29, 2021, these provisions apply to contracts concluded on or after January 1, 2022.

 

CIVIL CODE:

Article 1641

The seller is bound by the warranty for hidden defects in the thing sold that render it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648

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

In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from apparent defects or lack of conformity.

Appendix 2: Form for withdrawal from a distance purchase (on the web, by mail, teleshopping or phone)

Standard letter template for the consumer’s withdrawal in the case of a distance contract.

Letter to be sent by registered mail with acknowledgment of receipt to the seller.

First and last name of the consumer
Address
Zip code – City

Recipient: SCA du Muscat de Lunel – Route de Lunel-Viel – Vérargues – 34400 ENTRE-VIGNES.

From …, The … (date of the letter)

Dear Sir

On … (indicate the date appearing on the order form), I ordered … (product name…) which you delivered to me (or which I received) on … (date).
In accordance with Article L. 221-18 of the Consumer Code, I am exercising my right of withdrawal.

I ask you to kindly return to me as soon as possible and no later than 14 days following receipt of this letter, the sum of … (sums in euros) euros that I paid you when I placed my order, in accordance with the provisions of Article L. 221-24 of the Consumer Code.

Please find enclosed (indicate the returned product) that I am returning to you.
Please accept, Madam, Sir, the expression of my distinguished sentiments.

Signing

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