Article 1: object
The present general conditions of sale are concluded between:
MLMV SARL whose head office is located Coulombaud Domaine de Signes 83136 Méounes-lès-Montrieux France registered at the RCS Toulon under No. 524. 453. 438. 00011 Hereinafter referred to as “SARL MLMV”,
And
Any natural person, consumer visiting and / or wishing to make a purchase via the website www. coulombaud. fr
Hereinafter referred to as “the user”.
These terms and conditions are intended to define the terms and conditions of distance selling between SARL MLMV and the user, from the order to services through payment and delivery. They regulate all the steps necessary for the placing of the order and ensure the follow-up of this order between the contracting parties on the site www. coulombaud. fr
Any order implies the user irrevocable adherence to these terms and conditions of sale, it being specified that the parties agree that their relations will be governed exclusively by them, constituting the Contract.
The user declares to have the capacity to conclude the present contract, that is to say to have the legal majority and not to be under tutorship or curatorship.
The user also declares not to make purchases of products and articles of the SARL MLMV in order to resell them.
SARL MLMV reserves the right to adapt or modify, for legitimate reasons, at any time, these terms and conditions of sale. In case of modification, it will be applied the general conditions of sale in force on the site www. coulombaud. fr at the date of placing the order by the user.
However, if a condition were to fail, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.
ARTICLE 2 – Our offer
www. coulombaud. fr is a website dedicated to the sale of wines. The items offered for sale by SARL MLMV are those listed on the website www. coulombaud. fr on the day of the consultation of the site by the user. All product offers and delivery terms are valid in mainland France within the limits of available stocks. In the event of unavailability of the product after placing your order, SARL MLMV undertakes to inform the user.
ARTICLE 3 – Price
Prices are quoted in euros all taxes included.
These prices are agreed with the fixed contribution to the processing fees (shipping, packing and making the package according to the amounts in force).
They take into account the T. V. A. applicable on the day of the order. Any change in the rate may be reflected in the price of products and articles, without the user being informed beforehand.
SARL MLMV reserves the right to change prices, but undertakes to apply the current rates indicated to the user at the time of registration of his order.
ARTICLE 4 – Order
Prior identification of the user
To place an order, the user must identify himself with his e-mail address and his password. For any first order, the user must create a user account.
This account will allow him to order online, memorize his favorite items, follow the history of his orders, print his bills.
The user must complete a form, containing the following information: title, first name, last name, date of birth, full delivery and billing address, phone number, e-mail address and password.
It will be proposed to the user to subscribe to the newsletter MLMV SARL and / or its partners e-mail.
This information is necessary for the order to be registered and shipped.
The steps of the order
The user declares to have read and irrevocably accepted these terms and conditions of sale before placing an order. Validation of the order is therefore express and irrevocable acceptance of prices and descriptions of products available for sale.
In order to allow the user to return to his order before validating it definitively, SARL MLMV has created validation and acceptance screens. The order will not be definitively recorded until the last validation of the payment screen of the validated order. From the last click of acceptance, the order is considered irrevocable. It is expected, from the registration of the order, sending an e-mail to the user. This e-mail confirms that the order has been taken into account by SARL MLMV.
All the data provided by the user during the order process and the recorded confirmation of this order are proof of the transaction.
SARL MLMV reserves the right to refuse any order from a user with whom there is a dispute over the payment of a previous order as long as this dispute is not resolved, a wrong address or other problem on the account of the user.
ARTICLE 5 – Payment
Payment can be made online by credit card or by check and transfer with a longer processing time.
Online payment by credit card
Accepted cards are Carte Bleue, Visa and Mastercard. Accepted countries are European countries.
When finalizing the order process, the user is asked to enter their credit card number, the expiry date of their credit card and the last 3 digits of the visual cryptogram on the back of the card.
Securing credit card payment
To ensure the security of payments, MLMV SARL uses the CIC secure payment service. The bank details entered by the user are encrypted (SSL security standard) and therefore do not circulate in clear on the Internet. In any case, the online supply of his card number and the final validation of his order will be proof of the integrity of the order and the exigibility of the sums due in execution of said order.
The payment interface uses 3D Secure technology. It is a system developed to authenticate cardholders and avoid any fraudulent use of the latter. In addition to the number, the validity date and the cryptogram, with the 3D Secure system, the cardholder must authenticate on an interface of his bank to which it is automatically written, by entering a code or information his bank will have sent him beforehand. Once authenticated, the holder will see his transaction authorized or refused by his bank.
Anti-fraud measures
SARL MLMV will have full freedom to check the personal data provided by the user and to adopt the measures deemed necessary (request for evidence or cancellation of the order) so that the person whose bank account is debited is the one who has passed the order and to avoid any fraudulent use of credit card numbers.
ARTICLE 6 – Shipping costs, terms and delivery times
All deadlines announced are calculated in working days (subject to validation of your order). The delivery date is calculated taking into account the preparation and shipping deadlines to which is added the delivery time of the carrier. The products are delivered to the delivery address that you indicated to us during the ordering process. Delivery charges are included in the sales price of products for Metropolitan France destinations only.
Delivery by carrier to the address specified by the user:
The order is shipped to the address specified by the user when placing the order.
SARL MLMV can not be held responsible for the delivery of a package to an incorrect address, if this error results from the indications provided by the user when placing the order. Similarly, if the impossibility of delivery of the package to the user results from its fact, the user will be refunded the amount of the order, less the cost of processing and sending the package to and from.
Delivery area: Metropolitan France
ARTICLE 7 – Right of withdrawal
7. 1. Reimbursement in case of return
The customer has a legal period of 14 days to return the items ordered and this from the date of dispatch of the withdrawal request. In the event of a dispute over the procedure for returning ordered items, the customer must be able to provide proof of shipment.
Items must be returned to us in their original packaging and must not have been damaged. A copy of the invoice or the order references will facilitate the processing of the file.
Return address:
SARL MLMV
Domaine Coulombaud
Route de Signes
83136 Méounes-lès-Montrieux
Upon receipt of the articles, SARL MLMV will reimburse the customer for the full amount of the order including delivery costs within 14 days.
7. 2. Products excluded from the right of withdrawal
Warning: Items returned incomplete, damaged, damaged or soiled by the user are not included.
ARTICLE 8 – Transfer of Ownership / Risk Transfer
The transfer of ownership of the articles to the benefit of the user is realized on the day of full payment of the price by the latter, regardless of the delivery date of said articles.
The transfer of the risks of loss or deterioration of the articles intervenes as soon as the delivery and reception of the articles by the user.
ARTICLE 9 – Guarantees
All products offered for sale on the website www. coulombaud. fr enjoy the legal guarantee of conformity (L211-1 and following of the Consumer Code) and the guarantee against latent defects (articles 1641 and following of the Civil Code), allowing the User to return the defective Products delivered or non-compliant.
Article L211-4 of the Consumer Code: The seller is required to deliver a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
– Article L211-5 of the Consumer Code: To be in conformity with the contract, the property must:
1) To be fit for the customary use of a similar good and, where appropriate: – to correspond to the description given by the seller and to possess the qualities that he has presented to the buyer in the form of a sample or model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
– Article L211-12 of the Consumer Code: The action resulting from lack of conformity is prescribed by two years from the delivery of the goods.
– Article 1641 of the Civil Code: The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the buyer does not would not have acquired, or would have given a lower price, if he had known them.
– Article 1648 al 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
Except in case of legal warranty, SARL MLMV undertakes to refund the user or exchange any apparently defective, damaged or damaged product within 6 months from the date of receipt or withdrawal of the order by the user. In case of manifest error attributable to SARL MLMV, and particularly in case of non-compliance of the items received with the items ordered, delivery costs will be refunded to the user.
SARL MLMV reserves the right to refuse any claim for reimbursement manifestly abusive or introduced outside the prescribed time.
ARTICLE 10 – Complaints / Information
For any information, complaint or question relating to these general conditions of sale or the articles proposed on the site www. coulombaud. fr, the user is invited to contact the MLMV SARL’s Web Customer Service Department:
By email: contact@coulombaud. fr
By phone: 06 47 84 58 76 from 9h to 17h from Monday to Friday
By mail:
SARL MLMV
Domaine Coulombaud
Route de Signes
83136 Méounes-lès-Montrieux
ARTICLE 11 – Protection of personal data
Personal information As personal information is necessary for the processing, delivery of orders and the preparation of invoices, the collection of this information in the context of distance selling is mandatory. This information is strictly confidential and is intended only for SARL MLMV.
SARL MLMV will have full freedom to check the personal data provided by the user and to adopt the measures deemed necessary (request for evidence or cancellation of the order) so that the person whose bank account is debited is the one who has passed the order and to avoid any fraudulent use of credit card numbers.
In accordance with the FRENCH law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms, the processing of personal information collected on the site www. coulombaud. fr has been declared to the CNIL. The user has a right to access, modify, rectify and delete data concerning him.
To exercise this right, the user must send a letter to the following address:
SARL MLMV
Domaine Coulombaud
Route de Signes
83136 Méounes-lès-Montrieux
Or by email at contact@coulombaud. fr
ARTICLE 12 – Force majeure
SARL MLMV will not be liable for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure.
ARTICLE 13 – Intellectual Property
The entire site is protected by French and international legislation relating to intellectual property. All rights of reproduction are reserved. The whole texts composing the pages of the site can not, in accordance with the article L122-4 of the code of the intellectual property, to be the object of any representation or reproduction, integral or partial, on any medium whatsoever without the express prior consent of SARL MLMV.
Editor
SARL MLMV
registered at RCS TOULON
under number 524. 453. 438. 00011
Technical realization
SARL MLMV
Domaine Coulombaud
Route de Signes
83136 Méounes-lès-Montrieux
OVH SAS Hosting
Registered head office: 59100 Roubaix
ARTICLE 14 – Liability
SARL MLMV has, for all stages of access to the site, the process of ordering, delivery or subsequent services, an obligation of means. The liability of SARL MLMV can not be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in the service, external intrusion or the presence of computer viruses, or a fact of force majeure, in accordance with jurisprudence.
Moreover, SARL MLMV releases its responsibility for any breach of its contractual obligations in the event of force majeure or fortuitous, including without this list is exhaustive, strike, fire, disaster, breakdown and in a general way any event that does not allow the proper execution of orders.
ARTICLE 15 – Completeness
In the event that one of the clauses of the present contract would be null and void by a change of legislation, regulation or by a court decision, this can not in any way affect the validity and the respect of these general conditions of sale.
ARTICLE 16 – Duration
These conditions apply throughout the duration of online services offered by SARL MLMV.
ARTICLE 17 – Preservation and archiving of transactions
The computerized registers, preserved in the computer systems of the company MLMV SARL and its partners under reasonable conditions of safety, will be considered as proof of communications, orders and payments between the parties.
The filing of purchase orders and invoices is made on a reliable and durable support to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.
ARTICLE 18 – Applicable Law – Litigation
The parties agree that these general conditions of sale are subject to French law.
The language of this contract is English.
In case of dispute, the parties undertake, before any legal action, to seek an amicable solution.
Only French courts will be competent.