GENERAL CONDITIONS OF SALE - CONSUMER
PATRIARCHE PÈRE ET FILS
Version updated on June 18th , 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 Product or Service 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 - Order: 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 at the time of 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 stated inclusive of VAT.
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 Service 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. Service prices are shown inclusive of VAT.
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.
5.2.2 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 12.
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 customer 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 detail in Clause 12 of these GSC.
5.3.3 To order Products the Customer may consult the order fulfilment programme 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 their receipt by Patriarche.
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.
6.2 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. Special 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 cl 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
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. Where delivery is not made within the maximum time limit set out above, the Customer may request cancellation of the sale under the provisions set out in Clause 9.1.
7.3 Multiple Orders
7.3.1 Where one or more products in an Order are temporarily unavailable when 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:
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 cellars Visits category:
- Cancellation more than one (1) month before the start of the Service involving privatisation of all tasting areas and the Wine cellars for meals: no compensation retained.
- Cancellation between one (1) month and fourteen (14) days before the start of a Service involving the privatisation of all tasting areas and Wine cellars for meals: compensation of 10% of the total value of the Service will be retained.
-Cancellation more than fourteen (14) days before the start of a Service other than privatising all tasting areas and Wine cellars for meals: 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 - WARRANTIES AND COMPLIANCE
9.1 Compliance with time limits
9.1.1 Patriarche will make best efforts to comply with the time limits set out for the execution of the Services or delivery of the Products. Failing this, the Customer may request cancellation of the sale under the conditions set out in Articles L216-1 of the French Consumer Code, the Code de la Consommation (reproduced in Annexe 1).
9.2 Product compliance and latent defects
9.2.1 Patriarche warrants the Customer against any defect in Product compliance under the provisions of Articles 217-4 et seq of the French Consumer Code, the Code de la Consommation (reproduced in Annexe 1).
9.2.2 Patriarche warrants the Customer against any latent defects in the Products under the provisions of Articles 1641 et seq of the French Civil Code the Code Civil (reproduced in Annexe 1).
9.2.3 In the event that any Product delivered is defective and/or non-compliant, the Customer shall inform Patriarche and return the Product in question to the address set out in Clause 12 setting out in the return package their contact details and the Order reference.
CLAUSE 10 - RIGHT OF WITHDRAWAL
10.1 Pursuant to Article L221-18 of the French Consumer Code, the Code de la Consommation, the Customer, for orders made on the Website, has a time limit of fourteen (14) clear days to exercise their right of withdrawal without the need to provide grounds or pay penalties.
This time starts from:
- Completion of the reservation contract for Services with pre-reservation,
- Completion of the purchase Order for Services without pre-reservation,
- Receipt of the Product ordered for Product Orders.
10.2 To exercise their right to withdraw, the Customer is to refer to Annexe 2 where there is a standard form for withdrawal to be completed and sent to the Patriarche customer service Department at the following address:
PATRIARCHE - 5 Rue du collège - 21200 BEAUNE
The Customer may also notify Patriarche of any wish to exercise their right of withdrawal by any other means of their choice expressing their wish to withdraw without ambiguity and mentioning the Order affected by the withdrawal.
10.3 Where withdrawal relates to one Product, the Customer shall return the Product at the latest fourteen (14) days after communicating their decision to withdraw, to the following address:
PATRIARCHE - 7 Rue du collège - 21200 BEAUNE
The Product is to be returned in perfect condition for resale (unopened and undamaged). Failing this, the Product will not be reimbursed.
Patriarche recommends that the Customer retains any proof of dispatch for the package as this package remains the Customer's liability up until its receipt by Patriarche.
10.4 The Customer will be reimbursed for all sums paid including delivery costs (except for additional costs arising from the fact that the Customer might have chosen a method of delivery other than the least costly standard delivery method offered by Patriarche).
10.5 Return costs arising from withdrawal will be payable by the Customer.
10.6 Reimbursement will take place at the latest fourteen (14) days after the date on which Patriarche is informed of the decision by the Customer to withdraw. Patriarche may defer reimbursement until the Product has been recuperated or until the Customer has supplied proof of Product despatch, the date used being that of the first of these two options.
10.7 Patriarche will make reimbursement using the same method of payment as that used by the Customer for the original transaction unless the Customer expressly agrees to Patriarche using another method of payment.
10.8 This right to withdraw may not be exercised for the contracts listed in Article 221-28 of the French Consumer Code, the Code de Consommation, and in particular for Contracts "(...) 1. For the supply of services which have been fully completed before the end of the time limit for withdrawal and whose execution started after prior express agreement by the consumer and their expressly waiving their right to withdrawal; (...) 5. For supply of goods which have been unpacked by the consumer after delivery and cannot be sent back for reasons of health or health protection"
10.9. Right to withdraw may not be exercised for Orders made on-site or by telephone.
CLAUSE 11 - LIABILITY/ FORCE MAJEUR
11.1 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.
11.2 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.
11.3 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.
11.4 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 11.3, 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 12 - INFORMATION/CLAIMS
12.1 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 email@example.com.
12.2 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.
12.3 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 13 - PERSONAL DATA
13.1 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.
13.2 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.
13.3 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 within the Website.
13.4 Customers have a right to access or correct, 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 14 - VALIDITY OF GSC - NON-WAIVER
14.1 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.
14.2 The fact of Patriarche refraining from requiring execution of any whatsoever of the provisions in these GSC may not be interpreted as being waiver to invoke this total or partial non-execution at a later date.
CLAUSE 15 - 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 16 - APPLICABLE LAW/ATTRIBUTION OF JURISDICTION
16.1 These GSC are subject to French law.
16.2 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 courts having jurisdiction.
16.3 The Customer is informed that they may also have recourse to a consumer mediator under the conditions set out in Articles L611-1 et seq of the French Consumer Code, the Code de la Consommation and according to the arrangements which are accessible at www.economie.gouv.fr/mediation-conso.
mediator is SAS CNPM - MÉDIATION - CONSOMMATION. http://cnpm-mediation-consommation.eu
CNPM - MÉDIATION - CONSOMMATION
27, avenue de la Libération - 42400 SAINT-CHAMOND
ANNEXE 1 WARRANTIES AND COMPLIANCE
o Delivery of Products and Supply of Services
Article L216-1 of the French Consumer Code, the Code de la consommation states:
"The professional is to deliver the goods or supplies and services on the days or within the time stated to the consumer in compliance with Article L 111-1 3 unless the parties have agreed otherwise.
Where there is no indication or agreement as to the delivery date or the date of execution, the professional is to deliver the goods or executes the service without unjustifiable delay and at the latest thirty days after completion of the contract.
Delivery is the transfer to the consumer of physical possession or control of the goods."
Article L216-2 of the French Consumer Code Code de la Consommation:
"In the event of any breach by the professional of their obligation to deliver goods or supply services on the date or upon expiry of the time limit pursuant to the first paragraph of Article L216-1, or failing that at the latest thirty days after completion of the contract, the consumer may terminate the contract by registered letter with acknowledgement of receipt or in any permanent form where, having requested the professional to carry out delivery or supply the service within an additional reasonable time limit, the latter has not executed this within this time limit.
A contract is considered as being terminated upon receipt by the professional of a letter or written request informing them of this termination insofar as the professional has not executed it in the meantime.
The consumer may immediately terminate the contract where the professional refuses to deliver the goods or to supply the service or where they do not execute their obligation to deliver the goods or supply the service on the date or on expiry of the time limit provided for in the first paragraph of Article L 216-1 and this date or this time limit is an essential condition in the contract for the consumer. This essential condition arises from the circumstances surrounding the completion of the contract or an express request by the consumer before completion of the contract".
Article L216-3 of the French Consumer Code, the Code de la consommation:
"Where the contract is terminated under the provisions of Article L 216-2, the professional is to reimburse the consumer in full for all sums paid at the latest within fourteen days following the date on the contract has been cancelled".
o Warranty of Product Conformity
Article L217-4 of the French Consumer Code, the Code de la consommation:
"The seller is bound to deliver goods which are in conformity with the contract and is liable for any defect in conformity existing at the time of delivery. They are also liable for any defects in conformity arising from packaging, instructions for assembly or installation where they are made responsible for them by the contract or have been carried out under their responsibility".
Article L217-5 of the French Consumer Code, Code de la consommation:
"To conform with the contract, the goods are to:
1 Be appropriate to the normal usage expected by similar goods and where appropriate:
- correspond to the description by the seller and have the qualities that the latter has presented to the buyer in the form of any sample or model.
- present qualities which a purchaser might legitimately expect having regard to public declarations made by the seller, by the manufacturer or by their representative, particularly in advertising or labelling.
2 Or present characteristics defined jointly by the parties and be appropriate to any special use sought by the purchaser brought to the attention of the seller and which the latter has accepted."
Article L217-7 of the French Consumer Code, the Code de la consommation:
"Defects in conformity which appear within a time limit of twenty-four months from delivery of the goods are presumed to have existed at the time of delivery in the absence of proof to the contrary.
The seller may challenge this presumption where it is not compatible with the type of goods or the defect in conformity claimed".
Article L217-9 the French Consumer Code, the Code de la Consommation:
"In the event of any defect in conformity, the purchaser may choose between repair or replacement of the goods. However, the seller may not proceed on the basis of the choice made by the purchaser where this choice means a cost which is clearly disproportionate having regard to the other procedure given the value of goods or the size of defect. They are then bound to proceed according to the method not chosen by the purchaser unless this is not possible".
Article L217-10 of the French Consumer Code, the Code de la consommation:
"Where repair and replacement of the goods is not possible, the purchaser may return the goods and be reimbursed for the price or retain the goods and have part of the price returned.
The same right is offered to them:
- Where the solution requested, proposed or agreed pursuant to Article L217-9 cannot be implemented within one month following claim by the purchaser
-Or where this solution cannot be implemented where it is a major inconvenience for them given the nature of the goods or use sought by them. Termination of sale may not however take place where the defect in conformity is minor".
Article L217-12 of the French Consumer Code, the Code de la consommation:
"Legal action arising from any defect in conformity is time-barred after two years from the date of delivery of the goods".
Article L217-13 the French Consumer Code the Code de la consommation:
"The provisions in this section do not deprive the purchaser of their right to exercise legal action arising from prohibited defects pursuant to Articles 1641 to 1649 of the French Civil Code, the Code Civil or any other contractual or extra-contractual action recognised as available to them by law".
o Warranties as to Product latent defects
Article 1641 of the French Civil Code the Code Civil:
"The seller is bound to provide a warranty for latent defects for the product sold rendering it unfit for the use for which it is intended, or which so reduces this usage that the purchaser would not have purchased it or would have given a lower price had they known."
Article 1645 of the French Civil Code the Code Civil:
"Where the seller knows of defects in the goods, they are liable, in addition to returning the price received for them, for damages and interest to the purchaser"
Article 1646 of the French Civil Code:
"Where the seller does not know of defects in the goods, they will only be bound to return the price and to reimburse the purchaser for any costs caused by the sale."
Article 1648 first paragraph of the French Civil Code the Code Civil:
"Legal action arising from prohibited defects is to be undertaken by the purchaser within two (2) years from disclosure of the defect"
ANNEXE 2 - WITHDRAWAL FORM
(Please complete and send back this form only if you wish to withdraw from your order made on the Website).
For the attention of PATRIARCHE - KBB SAS 5 rue du collège 21200 BEAUNE
I hereby notify you of my withdrawal from the contract relating to the sale of the Service set out below:
Customer Signature (solely in the event of notifying in paper form):