GENERAL CONDITIONS OF SALE - PROFESSIONAL
PATRIARCHE PÈRE ET FILS
Version updated on
January 5, 2021
CLAUSE 1 DEFINITIONS
In these General Sales Conditions, the terms used hereafter shall have the definitions attaching to them insofar as the context does not require otherwise.
The singular or plural of each of the terms defined includes their singular or plural where the context so requires or allows.
1.1 Customer: Means any individual or entity acting for purposes not falling within the context of their commercial, industrial, craft, professional or agricultural activity ordering one or more Products or Services via the Website, on-site or by telephone.
Individuals are to be at least 18 years old and have full legal capacity.
1.2 GSC: Means these general sales conditions
1.3 - Orders Means a Customer's purchasing order for one or more Products or Services made via the Website, on-site or by telephone.
1.4 Patriarche : Means PATRIARCHE - KBB SAS a simplified shareholding company having a share capital of 39 000 000 Euros whose registered office is situated at BP 70010 - 21200 BEAUNE, registered on the Dijon Companies and Business Registry under number 343 484 879 00014, and whose VAT number is FR 78 343 484 879.
1.5 Service : Means the service which is offered on pre-reservation and reservation on the Website, on-site or by telephone.
The Services offered are categorised in two areas:
o Visiting the Wine cellars: Means a service consisting of visiting the wine cellars and wine tasting.
o Meals in the Wine cellars: Means a service consisting of taking a meal in one of the wine cellars.
Patriarche may change these at any time.
1.6 Product: Means goods which are for sale on the Website, on-site or by telephone.
1.7. Website : Means the Patriarche commercial site on which Products and Services are offered, accessible at the following address: www.patriarche.com.
CLAUSE 2 - APPLICATION AND ENFORCEABILITY OF THESE GSC
2.1 These GSC apply by right to the sale by Patriarche of Products and/or Services to Customers in the context of their Order.
2.2 No special condition will take precedence over these GSC. No condition to the contrary, in particular any purchasing condition will be enforceable against Patriarche.
2.3 Placing an Order implies full knowledge and unreserved acceptance of these GSC by the Customer.
2.4 These GSC may be subject to change and applicable conditions are those in force at the date an Order is made.
CLAUSE 3 - PRODUCT DESCRIPTIONS
3.1 Essential Characteristics
3.1.1 Patriarche makes all best efforts, using the means at its disposal to present a precise description of the Products on the Website and by any other means.
However, the Customer acknowledges and accepts that fine differences may exist between Product characteristics (photographs, descriptions, composition, colour etc.) provided by Patriarche (and in particular on the Website) and those of the Products actually delivered.
3.1.2 Photographs presented by Patriarche (and in particular on the Website) have no contractual value.
3.1.3. All Products sold comply with the French legislation in force and with standards applicable in France.
3.1.4 Patriarche reserves the right to make any changes or withdraw any information relating to the Products.
3.1.5 Patriarche reserves the right to withdraw any Product from sale.
3.1.6 Products are offered according to availability. In the event that a Product is not available after final confirmation of their Order by the Customer, Patriarche shall inform the Customer by email of the automatic cancellation of the Order for the Product which is not available. Where the Customer's Order has been debited before the unavailability of Product has been disclosed, the Customer will be repaid the Product price in full to their bank account that has been debited within 8 (eight) working days.
3.2.1 Product prices are shown inclusive of VAT with possible VAT recoverable on invoice.
3.2.2. Product prices are stated net of delivery cost. The Customer is informed of the total delivery costs at the time of final confirmation of their Order.
3.2.3. Patriarche reserves the right to change the prices of Products at any time it being understood that the price invoiced by Patriarche is the price shown at the time that the Order is confirmed as shown in the confirmation email for the Order sent to the Customer.
3.3 Transfer of title to the Products
Patriarche will retain full title to Products until payment in full of the Order by the Customer, who acknowledges and accepts this.
CLAUSE 4 - DESCRIPTIONS OF SERVICES
4.1. Essential Characteristics
4.1.1 Patriarche makes best efforts using all means at Its disposal to provide Customers (in particular on the Website) with a precise description of Services.
However the Customer acknowledges and accepts that there may be fine differences between the characteristics of the Services (photographs, descriptions, processing Services etc.) provided by Patriarche and those of the Service actually provided.
4.1.2 Photographs presented by Patriarche (in particular on the Site) have no contractual value.
4.1.3 All Services sold comply with the French legislation in force and with standards applicable in France.
4.1.4 Patriarche reserves the right to make changes and/or withdraw any information relating to any Service.
4.1.5 Patriarche reserves the right to withdraw any Service from sale.
4.1.6 Services are offered up to the number of places available for each visit. In the event that a Service is not available which is shown as being full after final confirmation of the Order by the Customer, Patriarche will inform the Customer by email of the automatic cancellation of the Order for the unavailable Service. Where the Customer's Order has been debited before the unavailability of a Service has been disclosed, the Customer will be repaid the Product price in full to their bank account that has been debited within 8 (eight) working days.
4.2 Services Prices
4.2.1 The Customer expressly acknowledges having received information relating to Services on the basis of the descriptions provided to them (particularly on the Website). Prices shown do not include travel and/or accommodation costs.
4.2.2. Product prices are shown inclusive of VAT with possible VAT recoverable on invoice.
4.2.3. Patriarche reserves the right to change the prices of Services at any time, it being understood that the price invoiced by Patriarche is the price shown at the time that the Order is confirmed as set out in the confirmation email for the Order sent to the Customer.
CLAUSE 5 - ORDERING PROCEDURES
5.1 Ordering Wine cellar Meal Services
These services are invoiced by our agents Beaune Visite en Cave. Applicable general sales conditions are those of Beaune Visite en Cave and are accessible online at www.patriarche.com.
5.2 Ordering Wine cellar visits with obligatory pre-reservation.
5.2.1 Wine cellar Visits Services requiring pre-reservation are guided Wine cellar Visits.
5.2.2 Pre-reservation procedures for Wine cellar Visits Services are the same as those set out in Clause 5.1.2.
5.2.3 Once a pre-reservation has been confirmed by the Customer, Patriarche will recontact the email address provided to confirm the reservation.
The confirmation email will include:
- Details of the Service including the total price payable by the Customer,
- A PDF copy of these GSC which were provided for consultation by the Customer at the time of pre-reservation,
- Where the Customer opts for payment by bank transfer, full bank account details are to be provided.
Where the Customer wishes to pay for the Services by bank card, they are to make direct contact with Patriarche on the following telephone number 03 80 24 53 87 (on business days and in office hours).
5.2.4 Orders become final upon payment of the price in full to Patriarche. An email confirming that the payment has been received will be sent to the Customer.
It is expressly agreed that emails will be binding on the Parties as will also be the case with automatic recording systems used on the Website in particular in relation to the type and date of the Order. In the event of non-receipt of the confirmation email, the Customer is invited to contact Patriarche using the arrangements set out in Clause 10.
5.2.5 Patriarche undertakes to honour pre-reservations and reservations up to the number of places available and subject to the conditions set out in Clause 8.5.
Patriarche reserves the right to cancel or refuse any pre-reservation or reservation made by the Customer with whom any dispute exists relating to the payment of any previous reservation or where the Customer has no capacity to contract.
5.3 Ordering Services without pre-reservation and Products
5.3.1 To make an Order on the Website, it is mandatory that the Customer opens a customer account on the Website.
The Customer shall complete the Website form in full with the information requested and it is obligatory that they supply a valid email address. The Customer undertakes to provide Patriarche with information which is complete and accurate. The Customer is bound to keep their personal information updated.
In order to make any new Order, the Customer will connect via their customer account under the heading "Connect" on the Website.
Patriarche may at any time deactivate a Customer's account at their sole discretion, in particular (but not exclusively) where there is any suspicion that a third party's identity has been usurped, non-compliance with these GSC or default in payment of a previous Order. Additionally the Customer may request that Patriarche deactivates their customer account.
It is the Customer's responsibility to ensure that the login and password chosen in creating their customer account are kept secure. All connections to this account using the Customer's login and password will be presumed to be made by them.
5.3.2 All of the steps necessary for making the Order are set out in detail on the Website and the Customer is to follow the procedures for online sales and double-click on "Pay" to finally complete their Order. The Order will be confirmed once payment has been made.
Patriarche will send an email to the Customer confirming that their Order has been accepted. It is expressly agreed that emails will be binding on the Parties as will also be the case with automatic recording systems used on the Website in particular in relation to the type and date of the Order. In the event of non-receipt of the confirmation email, the Customer is invited to contact Patriarche using the arrangements set out in Clause 10.
5.3.3 To order Products, the Customer may consult the order fulfilment programme on their account on the carrier's site used by Patriarche. The tracking number for the package will be provided by Patriarche upon simple request. Patriarche will also send the Customer an email confirming that their Order has been dispatched with the package tracking number.
5.3.4. For Orders made on-site or by telephone, the Customer is to follow the instructions provided by Patriarche.
CLAUSE 6 - PAYMENT
6.1 Authorised means of payment
6.1.1 Payment is to be made exclusively by either bank card or bank transfer. Patriarche reserves the right to make changes to authorised means of payment.
6.1.2 Payments are debited to the Customer's account at the time of receipt by Patriarche.
Payment is to be made as follows:
- 30% to be paid at the time of Ordering,
- 70% outstanding to be paid upon receipt of invoice.
Patriarche will not be bound to deliver Products or carry out the Services where the Customer does not make payment under the conditions set out above:
- The full price for the Wine cellar Visit Services and the Products,
- Deposits for the Wine cellar Meal Services.
Payments made by the Customer will only be considered as final when Patriarche has banked outstanding payments.
6.1.3 Orders for Products and Wine cellar Visit Services are payable immediately on the date they are made by the Customer.
6.1.4 Deposits for Wine cellar Meal Services are payable at the time that reservation is confirmed. The balance of the invoice is payable upon receipt of the invoice.
6.1.5 Any late payment will result by right in fixed compensation for recovery costs of €40.
6.2 Security and confidentiality of data transferred online.
Patriarche makes best efforts using all of the means at its disposal within the limits of technical knowledge to ensure that data transferred online is secure and confidential.
To this end, the Website uses SSL (Secure Socket Layer) secure procedures.
The on-line payment service operator is Crédit Lyonnais SA, a limited liability company having a share capital of 1 847 860 375 Euros, registered under number 954509741- on the Lyon Companies and Business Register, registered office 18 rue de la République 69002 Lyon, head office : 20 avenue de Paris - 94811 Villejuif cedex, registered as a broker under the ORIAS insurance brokers scheme, under number: 07001878. Approved (under n°30002) and controlled by the 'Autorité de contrôle prudentiel et de résolution (ACPR), the Bank of France Financial Supervisory Authority, 61, rue Taitbout 75436 PARIS cedex 09 and by the European Central Bank (ECB) 60640 Frankfurt-on-Main, Germany - and also controlled by the Autorité des Marchés Financiers (AMF) the Financial Markets Authority: 17 Place de la Bourse-75082 Paris cedex 02.
At all events this involves an obligation to best endeavours.
6.3.1 For Wine cellar Meal Services and Wine cellar Visits, an invoice will be sent to the Customer when the service has been completed.
The invoice may be sent at the time of settlement where the Customer so requests.
6.3.2 In relation to Products, the invoice will be sent to the Customer once the Products have been dispatched.
CLAUSE 7 - PRODUCT DELIVERY
7.1. Delivery Procedures
7.1.1 When making their order, Customers have a choice between delivery or picking up. Where they choose to have the Products delivered they will be delivered to the delivery address provided by the Customer at the time of inputting their Order. Customers may have deliveries made in France. Specific conditions may apply for deliveries in mountainous regions, to islands and for Corsica.
7.1.2 The Customer's choice of a method of delivery entails full and complete acceptance of the General Sales Conditions of the carrier chosen by Patriarche.
7.1.3 It is obligatory that the Customer provides a valid address and telephone number. Patriarche will not be liable for any inability to deliver Products where the Customer has provided inaccurate information relating to their delivery address or any other information.
7.2 Delivery Costs and time limits
7.2.1 A delivery time of some 3 to 5 working days should be expected from confirmation of the Order for any delivery in mainland France (excluding islands and mountains).
Estimated delivery costs including VAT for AOC 75 cm bottles in mainland France (excluding islands and mountains) are:
- 6 bottles: €20
-12 bottles €24
-18 bottles €36
-24 bottles €48
- More than 30 bottles: Free delivery
These costs do not apply to wines which are for everyday consumption.
7.2.2 Costs and time limits for deliveries are calculated from the time that the Order is confirmed by Patriarche, excluding weekends and public holidays for Orders made before 12 noon. Orders recorded on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders recorded on a public holiday other than Friday, Saturday and Sunday are also processed on the following working day.
7.2.3 Information relating to costs and time limits for delivery are shown for informational purposes only and Patriarche will make all best efforts to comply with the time limits shown. At all events, the Products will be delivered within a maximum time of thirty (30) calendar days from the date that the Order is recorded subject to payment of the price in full.
7.3 Multiple Orders
7.3.1 Where one or more products in an order are temporarily unavailable where a number of Products are ordered, the available products will be sent to the Customer. Unavailable Products will be reimbursed in full according to the method of payment used in paying for the Order.
7.3.2 The unavailable Products will not be dispatched. It will be up to the Customer, if they so wish, to make a new Order.
7.4 The Transfer of liability:
7.4.1 All liability for loss or damage to Products is transferred to the Customer at the time that the latter or any third party appointed by them other than the carrier offered by Patriarche, physically takes possession of the Products.
7.4.2 It is the Customer's responsibility, or where appropriate, that of the recipient of the package, upon receipt of the Product to immediately confirm the compliance and completeness of Products dispatched. Generally, any reservations or findings made on the delivery note are to be full and precise. In particular they are to define any damage precisely, stating the Order number.
CLAUSE 8 - PROCESSING SERVICES
8.1 Duration of the Service
8.1.1 The Customer is informed of the duration of the Service at the time of making the Order and upon receipt of the reservation confirmation sent by Patriarche for services with pre-reservation.
8.2.2. The Customer shall in no event have any right whatsoever to remain on the premises at the end of the Service.
8.2 Arrival on the premises where the Services are provided
8.2.1 The Customer is to arrive on the precise date and at the time mentioned in the reservation confirmation document sent to them by Patriarche for Services with pre-reservation.
8.2.2 In the event of being prevented from attending, for any reason whatsoever, the Customer undertakes to notify Patriarche.
8.2.3 In the event of late arrival or prevention at the last minute, the Customer is to notify Patriarche whose address and telephone number are set out in the reservation confirmation.
8.3 Interruption of Services
8.3.1 In the event of any interruption by the Customer no reimbursement will be made.
8.3.2 Where Patriarche finds it impossible to supply a significant percentage of the Service or to offer replacement solutions, the Customer will be reimbursed for the difference in price estimated in good faith by the parties.
8.4 Cancellation of a Service by the Customer
8.4.1 Any cancellation by the Customer is to be notified by email setting out the reservation number to:
- email@example.com for Visits to Wine cellars category Services
Cancellation by the Customer shall have the following consequences:
o For Wine cellar Meals category Services
- up to 3 months from the start of the Service: no cost, deposits to be refunded in full,
- from three months to 31 days before the Service: €15 for administration costs and insurance retained
- from 30 to 21 days before the Service: 25% of the total price of the Service will be retained
- from 20 to 8 days before the Service: 50% of the total price of the Service will be retained
- less than 8 days before the start of the Service: 100% of the total price of the Service will be retained.
o For Services in the Wine cellar Visits category:
- Cancellation more than fourteen (14) days before the start of Services: no compensation retained
- Cancellation within a time limit of between fourteen (14) and eight (8) days before the start of any Service: compensation of 50% of the total price for the Service will be retained,
- Cancellation less than eight (8) days before the start of any Service: 100% compensation for the full Service price will be retained.
8.4.2 In the event that the Customer does not arrive, compensation of 100% of the total Service sum will be retained.
8.5 Cancellation of a Service by Patriarche
8.5.1 In consideration of the special nature of the Services sold, Patriarche reserves the right to cancel the Service offered within a maximum time limit of ten (10) days before the proposed date.
8.5.2 Where there are an insufficient number of participants for the Service, this may be cancelled by Patriarche. Patriarche will inform the Customer of this right at the time of sending the confirmation of reservation.
8.5.3 The Customer will be reimbursed in full for the sums paid for the Service which has been cancelled without any compensation being retained by Patriarche, or will be offered another date as far as is possible. Patriarche also reserves the right to cancel the Service in the event of any fancy dress, inappropriate dress or behaviour by the Customer upon arrival. In this event, the Customer will not be reimbursed for the sums they have paid and any outstanding sums will remain payable.
8.5.4 Whilst the Service is carried out, no non-respectful behaviour in relation to other visitors or staff will be accepted and non-compliance with this condition will immediately end the Service without reimbursement.
CLAUSE 9 - LIABILITY/FORCE MAJEURE
9.1 Given the characteristics and limits of the Internet, Patriarche will not be liable for any consequences of connection to this network via their Website. Patriarche will not be liable for any damage or loss whatsoever caused to a Customer's computer equipment or to data stored on it or for any consequences to their personal, working or commercial activity.
In the same way, Patriarche will not be liable for any error in price displayed where this is due to a computer bug or an intrusion in their computer systems. In such an event, and in particular where the Website shows an identical price for each Product Service or prices which are clearly wrong, Patriarche reserves the right to cancel any Order or reservation.
Moreover, Patriarche will not be liable in the event of the Website being unavailable at any time for any reason or duration. Access to the Website may be subject to temporary or final suspension without notice.
9.2 The customer is liable for any damages originating from their own actions. In this respect, Patriarche will not be liable for any damage or loss arising from any fault by the Customer in the context of using the Products or carrying out the Services.
9.3 Patriarche will not be liable for non-execution or improper execution of its obligations where attributable to an unforeseen event or event of force majeure as defined by French case law. Moreover the following are considered as such, in particular and not exclusively: war, terrorist threat or attack, explosion, storm, strike of any kind, pandemic, and any interdiction arising from executive, and/or administrative government decision.
9.4 Patriarche may call on a variety of service providers to execute the Services. In the event of any failure in the provision of services or for overriding reasons as defined in Clause 9.3, Patriarche is obliged to cancel all or part of their undertakings, best efforts will be made to replace them by equivalent services.
Any failure in the execution of the contract disclosed on-site is to be notified as soon as possible in writing or in any appropriate form by the Customer to the service provider in question as well as to Patriarche or their representative.
CLAUSE 10 - INFORMATION/CLAIMS
10.1 For any information, claim or question, the Customer is to contact the Service Provider's customer service department completing the online form on the Website under the heading "Contact" or by phoning 03.80.24.53.87 or by email to firstname.lastname@example.org.
10.2 Any Service which has been shortened, or any Service which is unused because of a decision by the Customer will not give rise to any reimbursement.
10.3 Any claim relating to a Service is to be sent to Patriarche by registered letter within one month of the date of return. After this time, Patriarche will not take any claim into consideration. The response time may vary based on the time required by Patriarche for investigation.
CLAUSE 11 - PERSONAL DATA
11.1This clause will only apply where a Customer is an individual and for data enabling their identification or making them identifiable.
11.2 Customers' personal data collected at the time of reservation and their Order will give rise to processing. This data is used by Patriarche for administrative purposes. It is not transferred to commercial partners.
11.3 Bank data provided by the Customer, in the case of payment of an Order by bank card, is stored in the systems of the service provider appointed for this purpose and are subject to special security measures.
In conformity with the recommendations of the French National Commission for the Protection of Personal Data, the Commission Nationale de l'Informatique et des Libertés (CNIL), this data will only be used or stored for the purposes and duration of the transaction and is fully removed once payment has been made.
11.4 The email address attaching to the Customer's account at the time of their registration on the Website may be used for sending informational emails relating to processing of the order.
It may also be used by Patriarche to send advertising, promotional and/or commercial emails subject to approval provided by the Customer by ticking the appropriate box on their account on the Website.
11.5 Customers have a right to access or correction, and of portability, or deletion of their data as well as a right to challenge and to limit processing of their personal data.
These rights may be exercised by contacting: PATRIARCHE P&F - 7 RUE DU COLLEGE - BP 70203 - 21200 BEAUNE.
The Participant also has the right to appeal at any time to the authority which has competence in personal data matters (CNIL : www.cnil.fr).
CLAUSE 12 - VALIDITY OF GSC - NON-WAIVER
12.1 Where any whatsoever of the provisions in these GSC are declared to be null and void either in full or in part, the other provisions and the other rights and obligations arising from these GSC will remain unchanged and applicable.
12.2 The fact of Patriarche refraining from requiring execution of any whatsoever of the provisions in these GSC may not be interpreted as being a waiver to invoke this total or partial non-execution at a later date.
CLAUSE 13 - ACCESSIBILITY OF THESE GSC
The updated version of these Patriarche GSC is accessible online at all times by the Customer at the following address: https://boutique.patriarche.com/fr/content/7-conditions-generales-de-vente-cgv.
CLAUSE 14 - APPLICABLE LAW/ATTRIBUTION OF JURISDICTION
14.1 These GSC are subject to French law.
14.2 Any dispute relating to their binding nature, validity, interpretation and/or execution and more generally any dispute in relation to sales of Services or Products will be for submission to those Dijon Commercial Court.