GENERAL CONDITIONS OF SALE
PATRIARCHE PÈRE ET FILS - VISITS
Version updated on March 8, 2019
ARTICLE 1 - DEFINITIONS
In these General Conditions of Sale, the terms below will have the definition that is attached to them, unless the context requires otherwise. The singular/plural for each term defined includes its plural/singular when the context requires or allows it:
- Any natural person who is acting for purposes which are outside the scope of their trade, business, craft, profession or farming activity and who is ordering one or more Service(s) through the Website. This person must be at least eighteen years of age and hold full legal capacity.
- Any trader acting within the scope of their trade, business, craft, profession or farming activity and who is ordering one or more Service(s) through the Website. In this case, the rules governing the relationship between trader and consumer do not apply to the relationship between the parties.
1.2. General Conditions of Sale
Refers to these General Conditions of Sale.
Refers to a Buyer's purchase order for one or more Services, sent through the Website.
1.4. Service Provider
Refers to PATRIARCHE - KBB SAS, a simplified joint-stock company with a capital of €39,000,000, whose registered office is located at P.O. Box 70010 - 21200 BEAUNE, registered with the DIJON Trade and Companies Register under SIRET number 343 484 879 00014 and whose VAT number is FR 78 343 484 879.
Refers to a service offered for sale on the Website as defined below.
Pre-reservation may be necessary depending on the service selected.
1.5.1. Services with pre-reservation:
- Discovery Visit
- Bacchus Visit
- Privilege Visit
1.5.2. Services without pre-reservation:
- Desire to offer
- Wine sales
The Service Provider may change them at any time.
Refers to the Service Provider's website from which it sells the Services and which may be accessed at the following address: www.patriarche.com.
ARTICLE 2 - APPLICATION AND ENFORCEABILITY OF THE GENERAL CONDITIONS OF SALE
2.1. The General Conditions of Sale shall automatically apply to the sale by the Service Provider of Service(s) to any Buyer within the context of their Order.
2.2. No special condition may prevail over the General Conditions of Sale. Any condition to the contrary, notably of purchase, is enforceable against the Service Provider.
2.3. Any Order of Service(s) implies the full and unreserved knowledge and acceptance by the Buyer of the General Conditions of Sale. To confirm this acceptance, the Buyer must tick the box provided for this purpose before definitively validating their Order on the Website. Failing this, their Order may not be processed.
2.4. The General Conditions of Sale may be amended, but the applicable conditions are those in force on the Website on the date of placing the Order.
ARTICLE 3 - SERVICES
3.1. Characteristics / availability of the Services
3.1.1. The Service Provider shall do everything within their power to provide an accurate description of the Services on the Website.
However, the Buyer acknowledges and accepts that there may be slight differences between the characteristics of the Services (photos, description and implementation of the Services, etc.) communicated on the Website and those of the Services actually carried out. The photos published on the Website have no contractual value.
3.1.2. All Services sold on the Website comply with current French legislation and with the standards applicable in France.
3.1.3. The Service Provider reserves the right to modify and/or remove any information specified on the Website regarding any Services.
3.1.4. The Services are offered within the limit of the number of places available for each visit announced on the Website. In the event of the unavailability of a Service and announced as such after the final validation of the Order by the Buyer, the Service Provider will inform the Buyer by e-mail of the automatic cancellation of the Order of the unavailable Service. If payment of the Buyer's Order has been debited before the unavailability of the Service is revealed, the Buyer will be refunded the price of the Service to the bank account debited, within 8 (eight) working days.
3.1.5. The Service Provider may cancel the Service under the conditions provided for in Article 6.2. of these General Conditions of Sale.
3.2. Price of the Services
3.2.1. On the Website's presentation pages, the price of the Services is indicated all taxes included, without possible reference to or recovery of VAT on the invoice. If the Buyer is a trader, the VAT may be recoverable on the price of the Services purchased.
3.2.2. The Service Provider reserves the right to modify, at any time, the price of the Services displayed on the Website, provided that the price indicated on the Website on the date of pre-reservation is the only one applicable to the Buyer.
3.2.3 The price charged by the Service Provider to the Buyer is the price indicated at the time of validation of the shopping basket and confirmed in the Order confirmation e-mail sent to the Buyer.
ARTICLE 4 - RESERVATION OF THE SERVICE
4.1. Creating a customer account/Logging into the customer account
4.1.1 Prior to their first reservation, the Buyer must create a customer account on the Website. To do so, the Buyer must fully complete the form provided with the required information and provide a valid e-mail address.
4.1.2. The Buyer undertakes to provide the Service Provider with information that is complete and accurate.
4.1.3. The Buyer is required to update their personal information.
4.1.4. Subsequently, after their first purchase from the Website, and to make any new reservation, the Buyer must log into their customer account, via the "Login" section on the Website.
4.1.5. The Service Provider may, at any time and at its sole discretion, deactivate a Buyer's customer account, notably (but not exclusively), in case of the suspicion of theft of a third party's identity, or of non-compliance with the General Conditions of Sale, or of failure to pay for a previous reservation.
Furthermore, a Buyer may ask the Service Provider to deactivate their customer account.
4.1.6 The Buyer is responsible for ensuring the security of the username and password chosen to create their customer account. Any login to this account from the Buyer's username and password shall be presumed to have been done by the Buyer.
4.2. Services with pre-reservation
4.2.1. The following Services are subject to a pre-reservation process:
- Discovery Visit
- Bacchus Visit
- Privilege Visit
4.2.2. The online pre-reservation process is open to any adult without restriction as to their territorial origin.
4.2.3. To reserve one or more Services, the Buyer must follow the pre-reservation process indicated on the Website and notably comply with the following rules:
When the Service has been selected, the Buyer completes an online pre-reservation form on which they provide the necessary information. The collection of this information by the Service Provider enables the follow-up of the commercial relationship and smooth operation of the reservation process.
Before finalising pre-reservation, the Buyer acknowledges having read the General Conditions of Sale and agrees to them by clicking on the checkbox provided for this purpose.
The Buyer finalises the pre-reservation by clicking on the "Validate" button. Any pre-reservation implies acceptance of the prices and descriptions of the available Services.
4.3. Reservation deadlines
In view of the specificity of the Services offered by the Service Provider, no pre-reservation request may be made within less than fifteen (15) days before the date on which each Service begins, unless specifically agreed by the Service Provider.
4.4. Confirmation of the Reservation
4.4.1. The Service Provider confirms the reservation to the Buyer by e-mail, subject to the Buyer having indicated in their customer account a valid e-mail address.
The confirmation e-mail for the reservation includes:
- a breakdown of the Service, including the total price to be paid by the Buyer
- a copy in PDF format of the General Conditions of Sale, reference to which has been provided to the Buyer on the Website at the time of pre-reservation
- in the event that the Buyer opts for payment by bank transfer, the Buyer will provide their bank account details
- Payment by the Buyer implies confirmation of the order
4.4.2. The reservation becomes final upon payment of the full price to the Service Provider. The Service Provider sends an e-mail to the Buyer confirming safe receipt of their payment.
If the confirmation e-mail is not received, the Buyer is asked to contact the Seller according to the procedures described in Article 10 of the General Conditions of Sale.
4.4.3. The Service Provider reserves the right to cancel or refuse any reservation by a Buyer with whom there is a dispute relating to the payment of a previous reservation or who is unauthorised to enter into and sign contracts.
4.4.4. The Service Provider undertakes to honour the pre-reservations made on the Website, within the limit of the number of places available and the conditions set out in Article 6.2. of the General Conditions of Sale.
4.5. Services without pre-reservation
4.5.1. The following Services are not subject to a pre-reservation process:
- Desire to offer
- Wine sales
The Buyer must create or log into their customer account by following the steps provided for in Article 4.1.
The Buyer must then select the desired Service and make their payment by following the instructions on the Website.
4.5.2. The Order for the Service is validated once payment has been made.
4.6. Proof of Reservation / Orders
It is expressly agreed that e-mails will be considered as authentic between the Parties as will the automatic registration systems used on the Website, notably regarding the nature and date of the Order.
ARTICLE 5 - DURATION AND PERFORMANCE OF THE SERVICE
5.1. Duration of the Service
5.1.1. The Buyer is informed of the duration of the Service on the Website and at the time of receiving the reservation confirmation sent by the Service Provider for Services with pre-reservation.
5.1.2. The Buyer is informed of the duration of the Service on the Website and at the time of receiving the Order confirmation sent by the Service Provider for Services without pre-reservation.
5.1.3. Under no circumstances may the Buyer claim/invoke any right to remain on the premises after the end of the Service.
5.2. Arrival at the premises of the Service
5.2.1. The Buyer must be present on the date specified and according to the schedule mentioned in the reservation confirmation document sent by the Service Provider for Services with pre-reservation.
5.2.2. The Buyer must be present on the date specified and according to the scheduled mentioned in the order confirmation document sent by the Service Provider for Services without pre-reservation.
5.2.3. If the Buyer is unable to be present for any reason whatsoever, the Buyer undertakes to inform the Service Provider.
In case of late arrival or last-minute impediment, the Buyer must notify the Service Provider whose address and telephone number appear on the reservation confirmation.
5.3. Interruption of the Service
In case the Service is interrupted by the Buyer, no reimbursement shall be made.
If the Service Provider is unable to provide a significant part of the Service and propose any replacement solutions, the Buyer will be refunded the difference in price as evaluated in good faith between the parties.
ARTICLE 6 - CANCELLATION OF THE SERVICE
6.1. Cancellation by the Buyer
Any cancellation must be reported by e-mail, specifying the reservation number to Mrs RICHARD at email@example.com.
For any cancellation within less than fourteen (14) days, a penalty of 50% of the total cost of the Service will be applied.
For any cancellation within less than eight (8) days, a penalty of 100% of the total cost of the Service will be applied.
In case of a no-show by the Buyer on the date of the Service, a penalty of 100% of the total cost of the Service will be applied.
6.2. Cancellation by the Service Provider
In view of the specificity of the Services being sold, the Service Provider reserves the right to cancel the proposed Service within a maximum of ten (10) days prior to the scheduled date.
The Service Provider may notably cancel the Service if there is an insufficient number of participants.
The Service Provider informs the Buyer of this right, according to the Service that has been selected, when sending the reservation confirmation or when sending the order confirmation.
The Buyer will be fully refunded for the amounts paid with respect to the Service that has been cancelled, without compensation from the Service Provider, or will be offered another date wherever possible.
Please note that the Service Provider reserve itself the right to cancel any service due to incorrect dress code used for bachelor/bachelorette parties or bad behavior on behalf of the Buyer upon arrival. However refund is possible if reservation and payment was made in advance.
Also, the Service Provider reserve itself the right to interrupt any service without refund due to any disrespectful behavior or dialogue to our employees or clients.
ARTICLE 7 - PAYMENT
7.1. The Order is payable in cash, in full, on the date when it is placed by the Buyer.
7.2. Methods of payment
7.2.1. Payment is made online by bank card (Visa, MasterCard, American Express, JCB).
7.2.2. The Service Provider reserves the right to change the authorised methods of payment referred to in Article 7.2.1.
7.2.3. Payment is debited from the Buyer's account upon confirmation of reservation by the Service Provider.
7.2.4. The Service Provider will not be required to proceed with carrying out the Services ordered by the Buyer if the Buyer does not pay it the price in full under the abovementioned conditions. Payments made by the Buyer will be considered as final only after final collection by the Service Provider of the amounts owed.
7.3. Security and confidentiality of data that is transmitted online
The Service Provider shall do everything within its power, to the best of its technical knowledge, to ensure the security and confidentiality of data that is transmitted online. For this reason, the Website uses the SSL (Secure Socket Layer) method of secure online payment. The online payment service operator is Crédit Lyonnais, a public limited company with a capital of €1,847,860,375, SIREN number 954509741, registered with the Lyon Trade and Companies Register, with its registered office at 18 rue de la République 69002 Lyon, and main office at 20 avenue de Paris - 94811 Villejuif cedex. It is registered under the ORIAS insurance intermediary registration number: 07001878 and is authorised under number 30002 and supervised by the Autorité de contrôle prudentiel et de résolution [French Prudential Supervision and Resolution Authority (ACPR)] 61, rue Taitbout 75436 PARIS cedex 09 and by the European Central Bank (ECB) 60640 Frankfurt-am-Main, Germany, as well as by the Autorité des Marchés Financiers [French Financial Markets Authority (AMF)], 17 Place de la Bourse-75082 Paris cedex 02.
This is, in any event, an obligation of means.
7.4.1. For Services with pre-reservation, after confirmation of the reservation, the Buyer will have access to their invoice in their customer account on the Website. This invoice will be considered as accepted by the Buyer after 10 (ten) days from its online publication.
7.4.2. For Services without pre-reservation, after confirmation of the Order, the Buyer will have access to their invoice in their customer account on the Website. This invoice will be considered as accepted by the Buyer after 10 (ten) days from its online publication.
7.5. Deadlines and legal guarantees
The Service Provider will do everything within its power to comply with the deadlines indicated. Failing this, the Buyer may request the cancellation of the sale, under the conditions provided for in the Consumer Code:
- Article L. 216-2 of the Consumer Code:
"In case of breach by the trader of its obligation of delivery of the goods or provision of the service on the date or upon expiry of the deadline provided for in the first paragraph of Article L. 216-1 or, failing this, no later than thirty days after concluding the contract, the consumer may cancel the contract, by registered letter with request for acknowledgement of receipt or in writing on another sustainable medium, if, after having ordered, according to the same procedures, the trader to carry out the delivery or provide the service within a reasonable additional deadline, the latter has not complied with this deadline.
The contract is considered as cancelled upon receipt by the trader of the letter or written document informing it of this cancellation, unless the trader has complied in the meantime.
The consumer may immediately cancel the contract when the trader refuses to deliver the goods or provide the service or when it does not fulfil its obligation of delivery of the goods or provision of the service on the date or upon expiry of the deadline provided for in the first paragraph of Article L. 216-1 and that this date or this deadline constitutes for the consumer an essential condition of the contract. This essential condition results from the circumstances which surround the contract's conclusion or from a specific request from the consumer before the contract is concluded."
- Article L.216-3 of the Consumer Code:
"When the contract is cancelled under the conditions provided for in Article L. 216-2, the trader refunds the consumer all of the amounts paid, no later than fourteen days following the date on which the contract has been cancelled."
The deadlines mentioned are indicated in working days.
ARTICLE 8 - RIGHT OF WITHDRAWAL
8.1. In accordance with Article L.221-18 of the Consumer Code, the Buyer has fourteen (14) days, depending on the Services, either from the conclusion of the reservation contract for Services with pre-reservation, or from the conclusion of the purchase of the order for Services without pre-reservation, in order to exercise their right of withdrawal, without having to justify any grounds nor pay any penalties.
8.2. To exercise their right of withdrawal, the Buyer will find in the Appendix the standard withdrawal form to be sent completed to the Seller's Customer Service at the following address:
PATRIARCHE - 5 Rue du collège - 21200 BEAUNE
The Buyer may also notify the Seller of their will to exercise their right of withdrawal by any other means of their choice, by expressing their will to withdraw without any ambiguity and by mentioning the reservation affected by the withdrawal.
8.3. In this event, the Buyer will be refunded all of the amounts paid.
8.4. This refund will be made no later than fourteen (14) days from the date on which the Service Provider has been informed of the Buyer's decision to withdraw.
8.5. The Service Provider makes this refund by using the same payment method as the one used by the Buyer for the initial transaction, unless specifically agreed by the Buyer for the Service Provider to use another payment method.
8.6. The right of withdrawal cannot be exercised for the contracts listed in Article L.221-28 of the Consumer Code, and notably for contracts:
1° For the provision of services fully executed before the end of the period of withdrawal and whose execution has started after the consumer's prior agreement and explicit relinquishment of their right of withdrawal;(...)"
ARTICLE 9 - LIABILITY/FORCE MAJEURE
9.1. In view of the characteristics and limitations of the internet network, the Service Provider accepts no liability related to the consequences of connecting to this network via the Website.
The Service Provider shall therefore not be held liable for any damage caused to the Buyer's computer equipment and to the data stored inside it, nor for any resulting consequences on the Buyer's personal, professional or commercial activity.
In the same way, the Service Provider shall not be considered as liable for displaying an incorrect price if this is due to a computer bug or intrusion in its computer systems. In such an event, and notably if the Website displays an identical price for each Service or clearly incorrect prices, the Service Provider reserves the right to cancel any reservation or Order.
Furthermore, the Service Provider shall not be held liable in case of the Website's unavailability, irrespective of the time, reason or duration of this unavailability. Access to the Website may be temporarily or definitively suspended without notice.
9.2. The Service Provider shall not be held liable for any damage resulting from the Buyer's fault within the context of carrying out the Services.
9.3. The Buyer is liable for any damage that they cause.
9.4. The Service Provider shall not be held liable if failure to carry out or sub-standard fulfilment of its obligations is attributable to a fortuitous event or to a case of force majeure, as defined by French case law. War, attacks or terrorist threats, explosion, storm, strikes of any kind are considered as such, notably but not exclusively.
ARTICLE 10 - INFORMATION/CLAIMS
For any information, claim or question, the Buyer must contact the Service Provider's Customer Service by completing the online form on the Website in the "Contact" section, or by telephone on 03.80.24.53.87, or by e-mail at firstname.lastname@example.org.
11.1. The Buyer's personal data collected at the time of their reservation or Order is processed. This data may be used by the Service Provider for management purposes. It is not sent to the Service Provider's business partners.
11.2. Banking data communicated by the Buyer, in case of paying for a reservation or Order by bank card, is stored in the Service Provider's systems authorised for this purpose, and are subject to special security measures. In accordance with the recommendations of the French National Commission for Information Technology and Civil Liberties [Commission Nationale de l'Informatique et des Libertés (the "CNIL")], this data is used and stored only for the purposes and for the duration of the transaction, and is definitively deleted once actual payment has been made.
11.3. The e-mail address connected to the Buyer's
account at the time of their registration on the Website may be used for
the sending of information e-mails relating to the processing of said
order. It may also be used for the sending, by the Service Provider, of
advertising, promotional and/or commercial e-mails, subject to
validation by the Buyer of the appropriate box in their account within
the Website. The Service Provider reserves the right, unless
specifically notified otherwise by the Buyer, to send the Buyer
commercial offers for similar Services to those that have been ordered.
11.4. In accordance with the provisions of Articles 39 and 40 of the French Data Protection Act of January 6, 1978, amended in 2004, the Buyer has the right to access, modify, correct and, if and where appropriate, delete data concerning them. These rights may be exercised by contacting PATRIARCHE - Customer Service - 7 Rue du collège - 21200 BEAUNE.
Article 12 - VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the provisions of the General Conditions of Sale was declared null in whole, the other provisions and other rights and obligations arising from these General Conditions of Sale will remain unchanged and will remain applicable.
Article 13 - NON-WAIVER
The fact that the Service Provider refrains from requiring the fulfilment of any of the provisions of these General Conditions of Sale may not be interpreted as a waiver to subsequently invoke said total or partial non-fulfilment.
Article 14 - ACCESSIBILITY OF THE GENERAL CONDITIONS OF SALE
The up-to-date version of the Service Provider's GENERAL CONDITIONS OF SALE can be constantly accessed online by the Buyer. They can be simply accessed by clicking on the link [to be completed with the exact title of the link].
ARTICLE 15 - APPLICABLE LAW / ALLOCATION OF JURISDICTION
The General Conditions of Sale are subject to French law.
Any dispute relating to their enforceability, validity, interpretation and/or execution and, more generally, any dispute in connection with the sale of the Services will be submitted to the courts with jurisdiction.
The Buyer is informed that they can also seek recourse to a mediator, under the conditions defined in Articles L.611-1 et seq. of the Consumer Code and according to the arrangements that can be consulted at the address www.economie.gouv.fr/mediation-conso.
The mediator used by the Service Provider is MEDYCIS, http://www.medicys.fr/index.php/consommateurs/
(Please complete and return this form only if you wish to withdraw your order placed on the Website)
For the attention of PATRIARCHE - KBB SAS 5 rue du collège 21200 BEAUNE
I hereby inform you that I am withdrawing the contract relating to the sale of the Service below:
Ordered on: .....................................................................................................................................................
Order number: ..................................................................................................................................
Customer's name: ..............................................................................................................................................
Customer's address: .........................................................................................................................................
Customer's signature (only in case of notification of this form on paper):