General terms and conditions
The company Vignobles de la Coquillade, a limited liability company with share capital of 142,900.00 euros, whose registered office is at Hameau de la Coquillade - 84400 Gargas - France, registered in the Avignon Trade and Companies Register under number 493 377 907 (the "Seller") markets, in particular via its website www.vignobles-coquillade.com (the "Site"), its products to any consumer purchaser located in France or abroad, for their own consumption (the "Customer"). The Customer therefore undertakes not to resell the products ordered.
The Seller sells wines, marc alcohol, olive oil, grape juice, food products and other accessories.
The list of goods offered for distance selling by the Seller is available on the Site.
These General Terms and Conditions of Sale apply to orders placed by the Customer via the ordering service offered on the Website, by telephone, by e-mail or by any other means of distance communication offered by the Seller.
The parties agree that their relations will be governed exclusively by these general terms and conditions of sale, which constitute the entire contractual relationship between the parties.
The Seller reserves the right to modify these general terms and conditions of sale at any time by publishing a new version on the Site. The general terms and conditions of sale applicable are those in force on the date of validation of the order by the Customer.
The parties agree that the photographs and information of the products for sale on the Site or appearing on any other document sent to the Customer have no contractual value. The Seller takes the utmost care in the presentation and description of its products to provide the Customer with the best possible information. However, it is possible that non-substantial differences may appear on the Site or in any other document sent to the Customer.
The terms and expressions referred to hereinafter shall mean, when preceded by a capital letter, for the purposes of the interpretation and performance hereof:
"Order": means any order for Products placed by the Customer with the Seller;
"General Terms and Conditions of Sale" means the general terms and conditions of sale which are the subject hereof;
"Contract": means these General Terms and Conditions of Sale, as well as any order placed by the Customer;
"Delivery Period" means the period between the Order Validation date and the date on which the Order is delivered to the Customer;
"Perishable foodstuffs: means food products that must be consumed within a short period of time (less than seven (7) days);
"Delivery Costs" means the costs incurred by the Seller in bringing the Order to the Delivery address indicated by the Customer;
"Delivery" means the dispatch of the Product to the Customer;
"Delivery Method" refers to any standard or express delivery method available on the Site or indicated to the Customer at the time of the Order;
"Price” means the unit value of a Product; this value includes all taxes and excludes Delivery Costs;
"Total Price" means the total amount of the cumulative Prices of the Products that are the subject of the Order. This amount includes all taxes;
"All-Inclusive Price" means the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes;
"Product" means any product offered for Distance Selling;
"Order Validation" has the meaning given to it in Article 6 ;
"Distance Selling" means the marketing of the Seller's Products via a distance selling system set up by the Seller, in particular on the Site, by telephone or by e-mail.
References to the Articles are references to the articles of this Contract, unless stated otherwise.
Any reference to the singular includes the plural and vice versa.
Any reference to one gender includes the other.
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the parties in the context of the Distance Selling of Products offered for sale by the Seller to the Customer.
Confirmation of the Order implies that the Customer has full legal capacity to contract. Consequently, the Seller declines all responsibility in this respect for any Order placed by an incompetent person.
These General Terms and Conditions of Sale are reserved solely for consumers, as defined by law and jurisprudence, acting exclusively on their own behalf.
In accordance with the provisions of the French Consumer Code, the essential characteristics and Prices of Products sold electronically are available on the Site or in any other document sent to the Customer.
These General Terms and Conditions of Sale apply to all sales of Products by the Seller via the Site, by telephone, by e-mail or by any other means permitted by the Seller.
Any Order can only be validated after unreserved acceptance of these General Terms and Conditions of Sale.
The General Terms and Conditions of Sale shall prevail over any other document exchanged between the parties, regardless of when such document may have been brought to the attention of the Seller. Any special conditions derogating from or adding to the General Terms and Conditions of Sale must be accepted by the Seller in writing beforehand.
This Agreement shall come into force on the Order Validation date as defined in Clause 6.
The Contract is concluded for the duration necessary for the supply of the Products, until the extinction of the covers and obligations owed by the Seller.
The Seller offers alcoholic beverages for sale.
The Seller reminds you that :
The purchase of alcoholic beverages is strictly reserved for persons designated as being of legal age by their national legislation (eighteen years of age for France). The Customer certifies that he/she is of legal age and has the legal capacity to purchase the alcoholic products offered by the Seller.
If the Seller suspects a breach of the provisions of the law relating to the sale of alcoholic beverages to minors, it reserves the right to suspend the Order and to request proof of identity (national identity card or passport) from the Customer.
If these documents are not provided, the Seller may cancel the Order for the Product(s) ordered by the Customer.
If the Customer's identity is confirmed and there is no doubt as to the lawfulness of the Order, the Customer's Order shall be processed. The documents transmitted shall not be retained by the Seller.
Alcohol abuse is dangerous for your health, and should be consumed in moderation.
To place an Order, Customers must follow the steps set out on the Site or, where applicable, indicated by the Seller.
For an Order to be validated, the Customer must accept the General Terms and Conditions of Sale. The Customer's acceptance of the General Terms and Conditions of Sale is evidenced on the Web Site by an acceptance click provided for this purpose prior to any Order validation (the "Order Validation").
Once the Order has been validated, it shall be recorded and may not be modified. Once payment for the Order has been received, the Seller shall send the Customer an acknowledgement of receipt by e-mail confirming the Order in the case of Orders placed via the Web Site. In the case of other methods of placing an Order, the Seller may send the Order confirmation by any other means that enables the Customer to retain a copy of the Order confirmation at the latest at the time of delivery (the "Order Confirmation").
However, in accordance with article L. 121-11 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and if there is a dispute with the Customer concerning the payment of a previous order, or in the event of a stock shortage. In this case, an e-mail of non-confirmation or any other written means will be sent to the Customer without delay.
The Customer shall receive confirmation of the dispatch of the Order by digital or other means.
Delivery will be made to the delivery address indicated by the Customer when placing the Order.
The Seller undertakes to honour the Order only within the limits of the Products' available stocks.
If the Products are not available, the Seller undertakes to inform the Customer.
The Price of Products sold on the Site or on any other document sent to the Customer is indicated by Product and reference respectively.
The Prices of the Products sold are inclusive of all taxes and exclusive of ancillary costs (transport costs, customs duties, insurance).
Where the Customer requests delivery of the Products abroad, the Customer may be subject to customs duties or other local taxes or import duties. These duties and sums are not the responsibility of the Seller. They shall be borne by the Customer and are the Customer's sole responsibility, both in terms of declarations and payments to the competent authorities/organisations in the Customer's country. Under no circumstances may the Seller be held responsible for any malfunctions (including in the event of failed Delivery or deterioration of the Products shipped) linked to such importation.
Prices are quoted and payable in Euros (€).
Communication and telecommunication costs relating to the means used to place the Order (access to the Site, telephone call, e-mail, post, etc.) shall be borne exclusively by the Customer.
The Seller reserves the right to modify its Prices at any time. However, the Products will be invoiced based on the prices in force when the Orders are registered, subject to availability.
Payment of the All-Inclusive Price by the Customer shall be made by bank card or by any other method of payment accepted by the Seller and in accordance with the procedures indicated by the Seller.
Credit cards are accepted from the Carte Bleue, Visa and Eurocard / MasterCard networks.
The Customer expressly acknowledges that the provision of his/her bank card number to the Seller constitutes authorisation to debit his/her account up to the amount of the All-Inclusive Price. The card shall not be debited until the Order has been accepted by the Customer's bank and dispatched.
In the event that it is impossible to debit the All-Inclusive Price, the Distance Selling Contract shall be cancelled immediately and the Order shall be cancelled.
The Seller takes all possible steps to ensure the confidentiality and security of the data transmitted.
No bank details transit or are stored on the Site. Online payment is made directly via the Site on the systems of the Seller's banking partner using the 3D Secure or SSL payment protocol.
9.1. Delivery method
The Customer chooses one of the Delivery Methods offered by the Seller or indicated on the Web Site when placing the Order.
9.2. Delivery address
The Customer is solely responsible for any failure or delay in Delivery due to a lack of information or an error in entering information when placing the Order.
The Customer shall be solely liable for any costs incurred for the reshipment of the Order because of an error in the information entered by the Customer at the time the Order was placed.
The Customer may not have the Products delivered to a public place or a hotel. The Seller reserves the right to refuse any Order where the place of delivery is a public place or a hotel.
9.3. Amount of the Delivery Charges
The amount of the Delivery Costs depends on the value of the Order, the Delivery method, and the Delivery location (France, Corsica, DROM-COM, other country) chosen by the Customer. In any event, the amount of the Delivery Costs shall be indicated to the Customer prior to the Validation of the Order and shall be the Customer's responsibility.
9.4. Delivery times
Delivery times are available on the Web Site or are communicated by the Seller at the Customer's request (for deliveries to Corsica, the French overseas departments and territories (DROM-COM) and abroad) and may vary depending on the availability of the Products ordered.
The Delivery Times mentioned for information purposes are in working days and correspond to the time taken to prepare and send the Order.
Delivery times run from the date of Order Confirmation by the Seller.
9.5. Late delivery - Out of stock
a. Late delivery
If Delivery is delayed, the Order will not be cancelled.
The Seller shall inform the Customer by e-mail that Delivery will be delayed. The Customer may then decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by registered letter with acknowledgement of receipt.
If the Order has not yet been dispatched when the Seller receives the Customer's cancellation notice, Delivery shall be blocked and the Customer shall be refunded any sums debited within fourteen (14) days of receipt of the cancellation notice. If the Order has already been dispatched when the Seller receives the Customer's cancellation notice, the Customer may still cancel the Order by refusing the parcel. The Seller shall then reimburse the sums debited and the return costs paid by the Customer within fourteen (14) days of receipt of the return of the refused package, complete and in its original condition.
b. Out of stock
The Order shall be processed by the Seller within a maximum of two (2) working days, excluding Delivery Time.
The Seller cannot always guarantee the availability of each Product offered on the Site or in any other of the Seller's commercial documents.
Therefore, in the event of a Product ordered being out of stock, the Seller will contact the Customer by e-mail, post or telephone as soon as possible to inform the Customer and reach an agreement:
To postpone Delivery pending the restocking of this Product, where possible,
To replace the Product with another equivalent in quality and Price,
To cancel the Order and refund the Price paid.
9.6. Monitoring Delivery
Customers can check the progress of their Orders by contacting the Seller either by e-mail at [ï] or by telephone on 04.90.74.54.67 .
9.7. Checking the Order on arrival and complaints
The Customer is obliged to check the condition of the packaging and the Products, and the conformity of the Products delivered in relation to the Order at the time of Delivery, in particular the quality, quantity, and characteristics of the Products. This verification is considered to have been carried out once the Customer or a person authorised by the Customer has signed the Delivery note.
It is the Customer's responsibility to make any reservations or complaints they consider necessary, or even to refuse the parcel, if the parcel is damaged on delivery.
The Customer may, if they wish, ask the carrier to return the parcel containing the Order, which must be accompanied by a "spoliation report", a copy of which the Customer shall retain.
The said reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within forty-eight (48) hours of the date of Delivery of the Products.
The Customer must then specify and justify exhaustively (in detail and precisely) the reservations indicated on the delivery note and the reasons for the complaint. No complaint will be considered after the Products have been consumed.
The Customer must also send a copy of this letter to the Seller. Failure to lodge a complaint within the period and in accordance with the aforementioned procedures shall extinguish any action against the carrier and the Seller.
In the event of non-conformity of the Products in kind or in quality to the specifications mentioned in the delivery note, the Customer must send any complaints to SARL Vignobles de la Coquillade by registered letter with acknowledgement of receipt or by e-mail, quoting the reference number and date of the Order.
Apart from the cases provided for in these General Terms and Conditions of Sale, Products sold are neither returned nor exchanged, particularly perishable goods.
10.1. Modification - Cancellation
Without prejudice to articles 9.5 and 10.2 hereof, Orders are firm, final and not subject to modification or cancellation.
10.2. Withdrawal
The Customer has a right of withdrawal which may be exercised within a period of fourteen (14) calendar days following the date of receipt or collection of the Order. If this period expires on a Saturday, a Sunday or a public holiday, it shall be extended until the next working day.
In accordance with the regulations, the right of withdrawal does not apply to (i) packaged Products which have been unsealed by the Customer and which cannot be returned to the Seller for health reasons, (ii) Products which are likely to expire quickly, or (iii) alcoholic beverages for which Delivery is deferred beyond thirty days and for which the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the Seller.
Where the right of withdrawal is applicable, the Customer must inform the Seller of his wish to withdraw either by registered letter with acknowledgement of receipt addressed to SARL Vignobles de la Coquillade - Hameau de la Coquillade - 84400 Gargas - France or by e-mail to .
When the right of withdrawal is applicable, the Customer must then return the Products within fourteen (14) days following communication of his/her decision to withdraw, in their original packaging, complete and new, it being specified that any return costs are entirely at the Customer's expense. No Product may be returned without the Seller’s prior agreement.
All sums paid by the Customer shall be reimbursed by the Seller using the same means of payment as that used to pay for the Order, at the latest within fourteen (14) days following the date on which the Seller becomes aware of the Customer's decision to withdraw the Order. This reimbursement shall not incur any costs for the Customer. The Seller may defer reimbursement until the Products have been recovered or until the Customer has provided proof of dispatch of the Products, whichever comes first.
The Products offered for Distance Selling comply with the standards and legislation in force in France. It is the Customer's sole responsibility to check that these Products can be imported and consumed in the country of delivery.
The Seller covers the fact that the Products have been subject to all the care necessary to ensure their conformity with the description given on the Web Site or sent to the Customer at the time of the Order. The Seller does not cover the Products to meet the Customer's specific requirements.
The Customer is solely responsible for the choice of Products ordered.
The Customer is solely responsible for storing the Products from the date of delivery.
The Seller cannot therefore be held liable for any direct or indirect damage caused by the Customer's fault, in particular consumption beyond the expiry date indicated on the Products.
No reservations may be made in relation to the taste, appearance or freshness of the Products.
If the Customer refuses to accept a parcel because the Products do not conform to the Order or because they have deteriorated, the Seller shall, after receiving and checking the Products, refund the sums paid for the Order or replace the Product(s).
Legal guarantee: The Products sold are also covered by the legal guarantee of conformity set out in articles L. 217-4 to L. 217-13 of the French Consumer Code and the guarantee relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code. In accordance with the provisions of article L. 217-15 of the French Consumer Code, articles L. 217-4, L. 217-5 and L. 217-12 of the French Consumer Code as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced below in full:
Article L. 217-4 of the French Consumer Code :
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.
Article L. 217-5 of the French Consumer Code :
"The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L. 217-12 of the French Consumer Code :
"Any action resulting from a lack of conformity shall be barred after two years from the date of delivery of the goods.
Article 1641 of the Civil Code:
"The seller is liable for a cover in respect of any hidden defects in the goods sold which render them unfit for their intended use, or which impair that use to such an extent that the buyer would not have purchased them, or would only have paid a lower price for them, had he been aware of them.
Article 1648 paragraph 1° of the Civil Code:
"Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
When acting under the legal conformity cover, the consumer :
- has a period of two years from the date of delivery of the property in which to take action;
- may choose between repairing or replacing the good, subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code ;
- is exempt from having to prove the existence of a lack of conformity in the goods during the twenty-four months following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee granted. The consumer may decide to invoke the cover against hidden defects in the item sold, in accordance with article 1641 of the French Civil Code. In this case, they may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.
The Seller shall not be held liable in the event of non-performance or partial performance of its obligations under the Contract, if such non-performance is caused by an event constituting force majeure, including in particular total or partial strikes, in particular of the postal services and means of transport and/or communications, difficulties in the supply of raw materials, changes in the applicable regulations, fire, explosion, floods, serious accidents, earthquakes, pandemics, climatic events or any event beyond the control of the Seller.
If any one of the stipulations of this Contract is declared null and void, this shall not invalidate the other stipulations of the Contract, which shall remain in force between the parties.
Any amendment, termination or waiver of any of the clauses of this Contract will only be valid after express agreement validated between the parties.
The validity, interpretation and performance of this Contract shall be governed by French law.
In the event of a dispute arising in connection with an Order subject to these General Terms and Conditions of Sale, the Customer must address his/her complaints in writing to the Seller by email to or by post to the registered office of SARL Vignobles de la Coquillade, stating and justifying in full and in writing the reasons for the complaint.
If the dispute remains unresolved following such a complaint, the Customer may have recourse to an alternative dispute resolution method.
In particular, the consumer Customer has the right to have recourse free of charge (excluding any legal and expert fees) to a consumer mediator with a view to the amicable resolution of the dispute between him and the Seller, provided that (i) the Customer has first attempted to resolve the dispute directly with the Seller by means of a written complaint as indicated above, (ii) his request is not unfounded and (iii) the dispute has not already been examined by another mediator or by a court. The Customer has a period of one (1) year from the date of his written complaint to the Seller to submit his request to the mediator.
The Customer may send his request by post to Centre de médiation et de règlement amiable des huissiers de justice (Médicys), at the following address: Médicys - 73 Boulevard de Clichy - 75009 Paris - France or
- by email: contact@medicys.fr. or
- online at www.medicys.fr.
For any additional information on the mediation procedure, the Consumer Customer may consult the Médicys website (http ://www.medicys.fr) or contact Médicys directly by telephone on +33 (0)1.49.70.15.93.
Customers may also use the European online dispute resolution platform: http://ec.europa.eu/consumers/odr/.
Any dispute as to the validity, interpretation or performance of these General Terms and Conditions of Sale shall be submitted to the jurisdiction of the competent court in the country of residence or domicile.
Only the French text of these General Terms and Conditions of Sale will be deemed authentic in the event of a dispute.
Last update : 27 août 2024
