Legal Notice and General Terms and Conditions of Sale
In accordance with article L.3342-1 of the Public Health Code and law n°2009-879 of 21 July 2009, the sale of alcohol to minors is prohibited. Any person placing an order on the website www.baumard.fr therefore undertakes to have the legal capacity and age required (18 years old or over) on the date of the order.
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH. CONSUME IN MODERATION
In accordance with the provisions of Article 6 III-1 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, we hereby inform you that this website www.baumard.fr (hereinafter referred to as "the Site") is the exclusive property of SARL Baumard Distribution, a limited liability company with a capital of 7,500 Euros, registered in the Angers Trade and Companies Register under number 445 127 137, whose intra-community VAT number is FR 77445127137 and whose registered office is located at 8, rue de l'Abbaye - 49190 Rochefort sur Loire - France - Tel: + 33 (0)2 41 78 70 03.
General Terms and Conditions of Sale
Last updated on 4 November 2021.
These general terms and conditions of sale are concluded on the one hand by SARL Baumard Distribution with a capital of 7,500 euros, whose registered office is located at 8, rue de l'Abbaye - 49190 Rochefort sur Loire, registered in the Angers Trade and Companies Register under number 445 127 137, hereinafter referred to as "Domaine des Baumard", and on the other hand, by any individual or legal entity wishing to make a purchase via the website www.baumard.fr, hereinafter referred to as "the Customer.
These general terms and conditions of sale are available to the Customer on the home page of the website www.baumard.fr.
Purpose of the contract
The purpose of these general terms and conditions of sale is to set out the contractual provisions between Le Domaine des Baumard and the Customer and the conditions applicable to any purchase made through the merchant site www.baumard.fr, for the consumer. The acquisition of a good or service through this site implies unreserved acceptance by the customer of these terms and conditions of sale.
Ordinance no. 59-107 of 7 January 1959 and Law no. 74-631 of 5 July 1974 prohibit the sale and offer of alcoholic beverages to minors and similar persons. Consequently, by filling in your Order Form on the www.baumard.fr website, you acknowledge that you have the legal capacity to enter into this contract.
The Domaine des Baumard collects personal data concerning the purchaser and, where applicable, the recipient of the Order. All the data collected is necessary for the processing of your order and is intended for use by the Domaine des Baumard. Personal data is processed in accordance with the amended Law No. 78-17 of 6 January 1978 known as the "Data Protection Act" and Regulation 2016/679 of the European Parliament and the Council of 27 April 2016 known as the General Data Protection Regulation (GDPR). You have the right to access, query and a right to rectify, update and delete all data concerning you that is inaccurate, incomplete, equivocal or out of date, or whose collection is prohibited, as well as a right to object under Article 21 of Regulation 2016/679, or to object to the use of the data for canvassing purposes, in particular commercial canvassing, to the limitation of processing when you have objected to it, when you dispute the accuracy of the data, when the processing is unlawful or when you need it for the establishment, exercise or defence of your legal rights.
You also have the right to the portability of your data.
The exercise of these rights must be carried out:
- By post to Domaine des Baumard - 8, rue de l'Abbaye - 49190 Rochefort sur Loire;
- By e-mail to: firstname.lastname@example.org
Alcohol abuse is dangerous for your health. Drink in moderation.
The purposes, recipients, retention periods and conditions under which the Domaine des Baumard collects and processes personal data are presented in the RGPD of the site, which details all the information relating to the processing of personal data as well as the rights of the persons concerned in relation to this processing.
Characteristics of the items offered for sale
The items offered are those listed in the catalogue published on the website www.baumard.fr. These articles are offered within the limits of available stocks. Each item is accompanied by a description drawn up by Le Domaine des Baumard. The photographs in the catalogue are as accurate as possible but cannot ensure a perfect similarity with the item offered.
The Domaine des Baumard is bound by the legal guarantee against hidden defects, in accordance with article 1641 and following of the French Civil Code, which states: "The seller is bound by the guarantee against hidden defects in the product which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have purchased it, or would have paid a lesser price for it, if he had been aware of them.
As wine is an organic product, the parties recognise that its quality may change depending on the conditions of storage.
The deterioration of the product due to transport conditions or inappropriate storage conditions of the product (temperature, humidity, light...) are not covered by this guarantee. The customer must, therefore, justify the conditions in which the wine has been stored before any claim can be made under article 1641 of the French Civil Code.
The online sale of items presented on the site is reserved for buyers who reside in metropolitan France.
The prices shown in the catalogue are inclusive of VAT in euros and include the VAT applicable on the day of the order; any change in the rate may be reflected in the price of the articles. The Domaine des Baumard reserves the right to modify its prices at any time, it being understood that the price appearing in the catalogue on the day of the order will be the only one applicable to the Customer. The Domaine des Baumard specifies that in the event of a price reduction, there will never be a refund.
Shipping costs, customs duties and formalities are the sole responsibility of the customer. Shipping costs are charged according to the following scale. All prices are in Euros and include VAT:
- From 1 to 12 bottles : 10 € in a relay point
- From 1 to 12 bottles: 18 € at home
- From 12 bottles onwards: free home delivery only.
The customer places an order on the website www.baumard.fr. In order to purchase one or more articles, the customer must follow the following ordering process:
- Choice of articles and addition to the basket
- Validation of the contents of the basket
- Identification on the website and registration on the customer form on which he/she will indicate all the requested details
- Choice of payment method and acceptance of the General Terms and Conditions of Sale
- Validation of payment
The customer will receive an e-mail confirming the order.
The customer may at any time during the ordering process view the details of their order and its total price and correct any errors before confirming it to express their acceptance.
The Domaine des Baumard reserves ownership of the articles until the order has been paid for in full, i.e. when the price of the order has been received by the Domaine des Baumard.
The Domaine des Baumard reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or a Customer who does not have the capacity to contract. Any order implies acceptance of the prices and descriptions of the items available for sale.
The Domaine des Baumard undertakes to honour orders received on the website only within the limits of available stocks.
Terms of payment
Payment for purchases is made by one of the following means, at the Customer's convenience:
- By credit card
- By bank transfer
- By cheque*
*Shipment will be made after receipt of the bank transfer or cheque.
In view of the increase in fraud recorded in the context of online commerce and in order to ensure the security of payments, for any order placed by a customer on the website www.baumard.fr, Le Domaine des Baumard will check the elements of the order before delivery.
In application of Article L 3342-1 of the Public Health Code, which prohibits the sale of alcohol to minors under the age of eighteen (18), by validating the order the customer undertakes to be at least 18 years old. The Domaine des Baumard reserves the right to ask the customer for a copy of a valid identity document which will confirm the customer's majority. In cases where the Domaine des Baumard makes this request of the customer, failure to present valid identification will result in the cancellation of the order by the Domaine des Baumard.
The Domaine des Baumard reserves the right not to accept an order for a legitimate reason. This legitimate reason may correspond to a suspicion of fraud linked to the abnormality of the order.
All orders will in any case be honoured within the limits of available stocks.
Shipping and delivery times
The delivery times indicated by Le Domaine des Baumard are only given as an indication.
Consequently, no compensation of any kind may be granted to the customer in the event of non-compliance with these times, and no order may be cancelled without the express agreement of Le Domaine des Baumard.
Shipments made by Le Domaine des Baumard are presumed to be in perfect condition.
The goods are sent at the risk of the recipient and in the event of damage are the responsibility of either the customer or the carrier.
On receipt, it is important that the customer carefully checks the conformity and condition of the products delivered.
Any deterioration or shortage must be recorded precisely on the carrier's delivery note, and then confirmed in writing to the Domaine des Baumard within 48 hours.
In the absence of such a reservation on the consignment note or delivery slip, no exchange or reimbursement can be made. This will also be the case if confirmation is not received within the aforementioned period.
In no case may the amount of any compensation exceed the value of the goods stipulated in the contract.
The Domaine des Baumard undertakes to deliver orders placed by the Customer as soon as possible. If the said articles have not been delivered within 7 days of the date of receipt of payment, and if this delay is not due to force majeure, the Customer may cancel the sale by sending a registered letter with acknowledgement of receipt to the following address Domaine des Baumard - 8, rue de l'Abbaye - 49190 Rochefort sur Loire. The sums paid by the Customer will then be reimbursed in full.
The indicative delivery time for French customers is as follows:
- France: 5 to 7 working days
- Outside mainland France: Contact Le Domaine des Baumard directly by telephone or e-mail.
The customer has a period of 30 working days from the date of dispatch of the order to report non-receipt and to request cancellation of the sale and reimbursement of the items. After this period, no cancellation of the sale will be accepted.
The customer is obliged to check the good condition of the items delivered. Any anomaly noted (missing item, damaged parcel, broken item, etc.) must be indicated to the Domaine des Baumard within 3 days of receipt.
Circumstances beyond our control
We shall not be liable for any loss, damage, error or failure to deliver a shipment where it is established that there are circumstances beyond our control. Circumstances beyond our control" means in particular:
- Acts of God or force majeure, in particular: earthquakes, cyclones, storms, floods, wars, road, rail and air accidents, embargoes, etc.
- any defects or particularities related to the nature of the shipment, even if they were known to us at the time of our acceptance,
- any act, omission or negligence on the part of any third party, for example: the consignee, any interested third party, any employee of the customs or any other administration, the postal services, any carrier or any other third party to whom the consignment is entrusted by our transport service provider, to serve areas not directly served by him, even if the sender has not requested or been informed of the use of a third party.
In the event of non-compliance with our commitments and whatever the cause, Le Domaine des Baumard will only be liable for reimbursement of the delivery service subject to the reservations set out above (Delayed Delivery) and under no circumstances for any indirect damage that the customer may claim. These indirect damages and losses are understood to include any loss of income, profits, interests or markets and any loss linked to the impossibility of using all or part of the shipment.
Breakage during shipment
If a parcel arrives at the recipient's home damaged (breakage of the bottle or bottles), the recipient must refuse the parcel. The carrier will inform the Domaine des Baumard. On receipt of this information, Le Domaine des Baumard undertakes to immediately reship an identical package to the recipient. Under no circumstances may the customer demand a refund of the product and the delivery charge.
Withdrawal period: return or exchange
Pursuant to Article L121-21 of the French Consumer Code, non-professional individuals have a cooling-off period of fourteen days from the date of delivery of their order to return the product to the Domaine des Baumard for exchange or refund without penalty. After this period, no form of exchange or refund will be possible.
The cost of returning the product is borne by the customer. The Customer will be reimbursed in full as soon as possible and no later than 14 days after the date on which he/she exercised his/her right of withdrawal.
Conditions of exchange and return for refund
Returned items must be intact, unopened and in perfect condition. They must be returned in a condition that allows them to be re-marketed. Failing this, no reimbursement will be made.
The customer must keep proof of delivery of the parcel to the service provider responsible for the return. In the absence of this proof, no exchange or refund will be made in the event of loss of the package.
The Domaine des Baumard shall not be held liable in the event of non-performance of the contract, in the event of stock shortage or unavailability of the product, in the event of force majeure and, in particular, in the event of a total or partial strike, flood, fire or other natural disasters and, in general, all events that do not allow the order to be carried out properly.
The "OK" associated with the authentication and non-repudiation procedure and the protection of the entirety of the messages constitutes an electronic signature. This electronic signature has the value, between the parties, of a handwritten signature.
The computerised registers, kept in the Domaine des Baumard's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties.
Amicable settlement of disputes
The present general conditions of sale are governed by French law. In the event of difficulties in the application of these general conditions of sale, we invite you to seek an amicable solution by contacting Le Domaine des Baumard beforehand. If you are not satisfied with the answer provided by Le Domaine des Baumard, the French courts will have jurisdiction.
The sales contract concluded between the Customer and the Domaine des Baumard does not entail any transfer of intellectual or industrial property rights. The reproduction or representation of all or part of one of the distinctive signs of the Domaine des Baumard is strictly forbidden and must be authorised in writing by the Domaine des Baumard.
The elements of the www.baumard.fr website are protected by copyright, trademark law and patent law. Any reproduction or distribution of these elements without prior written authorisation from the Domaine des Baumard exposes the offenders to legal proceedings.
The nullity of a contractual clause does not entail the nullity of the general sales conditions. The Customer is deemed to have accepted without reservation the entirety of the provisions of these general conditions.
These GTC may be modified at any time: the applicable GTC are those in force on the date of the order placed by the buyer.
Head office: 8, rue de l'Abbaye - 49190 Rochefort sur Loire - Tel. + 33 (0)2 41 78 70 03.
VAT NUMBER: FR 77445127137
Director : Florent BAUMARD
Editorial and Publishing Directors: Florent and Charles BAUMARD