General Terms and Conditions of Sale
ARTICLE 1 - PREAMBLE
The company La Boite Du Fromager presents its general terms and conditions of sale on its website www.domainedugoût.com. The wines are selected by the DOMAINE DU GOÛT sommelier. La Vinotte is a 2 cl sample bottle of wine. The system for repackaging wine bottles into Vinottes is patented. It guarantees the organoleptic properties of the repackaged wine for three months from the date of repackaging. DOMAINE DU GOÛT offers several subscription plans on its website.
ARTICLE 2 – SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply to any contract entered into on the website by an adult customer. The consumer as defined by French law and case law (hereinafter the “customer”). DOMAINE DU GOUT reserves the right to refuse to enter into a contract with a business customer. The customer declares that they have full legal capacity to enter into this agreement under these general terms and conditions of sale. Entering into any contract implies the customer’s full and unconditional acceptance of these general terms and conditions (except for special conditions agreed to or accepted in writing by the parties). Checking the “I accept the General Terms and Conditions” box when entering into a contract constitutes full and unconditional acceptance of these general terms and conditions. Any document other than these general terms and conditions of sale is for informational and indicative purposes only and is non-contractual (in particular, catalogs, brochures, advertisements, and notices). DOMAINE DU GOÛT’s failure to invoke any provision of these GCS at any given time shall not constitute a waiver of its right to invoke it at a later date. DOMAINE DU GOÛT reserves the right to adapt or amend these general terms and conditions of sale at any time. In the event of an amendment, the GCS in force on the date the contract is entered into shall apply to each contract. If any provision of these terms and conditions is deemed invalid for any reason whatsoever, all other provisions of these terms and conditions shall remain binding on the parties.
ARTICLE 3 – OPTIONS OFFERED
DOMAINE DU GOÛT offers, in particular, the following options:
3.1 TASTING BOX OF 6 SPIRITS
The customer may order a tasting set alone. This order will be placed on the website at the price indicated on the website. The customer may subsequently order the bottle or bottles of their favorite spirit on the Domaine du Goût website. The Vinottes must be consumed within 2 months of the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations.
3.2 TASTING BOX - ONE SHIPMENT
The customer may order a tasting box. This box consists of a tasting set of 4 Vinottes and 3 75 cL bottles of the preferred wine. The tasting set is sent first by tracked mail, and the 3 75 cL bottles are sent later, once the wine has been selected. The customer may choose their wine within the allotted time (approximately two weeks) from receipt of the tasting box (or delivery notice). This order will be placed on the website under the wine selection section. We allow 15 days to choose the wine because otherwise returns are very (very) late... In our experience, this works better 😊. However, if the response is sent later, there is no problem; the important thing is your/their choice of wine. Bottle orders must be placed in multiples of 3. The 3 bottles in each multiple must be identical. The Vinottes must be consumed within 2 months of the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations. Do not hesitate to place the Vinottes in the refrigerator before tasting: 10 minutes for white wines and 5 minutes for rosé wines.
3.3 AOC TOUR
The Customer may order a AOC Tour. This product consists of 12 Vinottes of 12 French AOC wines. The product consists of red, white, and rosé wines. This order will be placed on the website at the price indicated on the website. The customer may subsequently order the bottle or bottles of their favorite wine on the Domaine du Goût website. The Vinottes must be consumed within 2 months of the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations. Do not hesitate to place the Vinottes in the refrigerator before tasting: 10 minutes for white wines and 5 minutes for rosé wines.
3.4 TOWER OF 12 SPIRITS
The customer may order a tower of 12 spirits (Modern, Classic, or Timeless). This order will be placed on the website, at the price indicated on the website. The customer may subsequently order the bottle or bottles of their preferred spirit on the Domaine du Goût website. The Vinottes must be consumed within 2 months of the purchase date. We also recommend storing them in a cool, dry place, protected from light and temperature fluctuations.
3.5 24-WINE ADVENT CALENDAR
The customer may order a wine Advent calendar. This product consists of 24 Vinottes of French AOC wines. The product consists of red, white, and rosé wines. This order will be placed on the website, at the price indicated on the website. The customer may subsequently order the bottle or bottles of their preferred wine on the Domaine du Goût website. For the 2021 edition, the Vinottes must be consumed before January 31, 2022.
We also recommend storing them in a cool, dry place, protected from light and temperature fluctuations. Feel free to place the Vinottes in the refrigerator before tasting: 10 minutes for white wines and 5 minutes for rosés.
3.6 TASTING BOX OF 24 SPIRITS
The customer may order a box of 24 spirits. This order will be placed on the website, at the price indicated on the website. The customer may subsequently order the bottle or bottles of their preferred wine on the Domaine du Goût website. For the 2021 edition, the Vinottes must be consumed before January 31, 2022. We also recommend storing them in a cool, dry place, protected from light and temperature fluctuations.
ARTICLE 4 – PRICES
Contract prices are indicated to the customer on the website. Shipping costs are also detailed. DOMAINE DU GOÛT reserves the right to change its prices at any time. The applicable prices will be those in effect at the time the contract is concluded.
ARTICLE 5 – CONTRACT REGULARIZATION TERMS
5.1 ONLINE FORM
The customer regularizes the contract on the website, from the pages relating to their purchase. The customer must follow the various steps for regularizing the contract, specifying the products’ delivery address. They then confirm their choice by clicking the “Confirm my order” icon after checking the “I accept the General Terms and Conditions” box, which constitutes full and unreserved acceptance of these general terms and conditions. All regularized contracts are summarized so that the customer can check the details of their order and its total price, and correct any errors before confirming it to express their acceptance. The customer finally completes the contract regularization by making payment.
5.2 CUSTOMER ACCOUNT
Regularizing a contract on the website requires the prior and free creation of a customer account on the Website. When creating their customer account, the customer undertakes to provide accurate and truthful information about their situation. To do so, they provide their surname, first name, postal address, telephone number, and email address, and choose login credentials (a username and a password). The computer system set up by DOMAINE DU GOÛT then checks that the username is unique. These strictly confidential login credentials are requested from the customer for each transaction. The password can be changed online from their customer account. This password is personal, confidential, and non-transferable, and the customer therefore undertakes not to disclose it to third parties. Any access to the customer’s account using their password is deemed to have been made by the customer. DOMAINE DU GOÛT shall not, under any circumstances, be held liable for any fraudulent or abnormal use of the password and/or customer account. In the event of loss or forgetting of the password, the customer may click on a “forgotten password” link and enter their email address. They will receive an email containing a link to create a new password. Before each new contract, the customer undertakes to regularly verify the data concerning them and, where applicable, make the necessary changes online in their customer account. DOMAINE DU GOÛT particularly draws the customer’s attention to the need to provide a valid email address and telephone number.
5.3 PAYMENT
The amount owed by the customer when finalizing the contract is payable in full on the day the contract is finalized. Payment in full is made by bank card (Carte bleue, Visa, Eurocard/Mastercard). The customer guarantees DOMAINE DU GOÛT that they have the necessary authorizations to use the chosen payment method and that they have sufficient funds to cover all resulting costs. The customer’s final validation of the contract constitutes proof of their agreement and makes the amounts due under the contract payable, as well as constituting express acceptance of all transactions carried out. No contract paid for by the customer may be modified or canceled, subject to the provisions of Article 8 hereof.
5.4 CONFIRMATION OF THE FINALIZATION OF THE CONTRACT
DOMAINE DU GOÛT confirms the finalization of the contract by email summarizing the characteristics of the chosen subscription plan and including the standard withdrawal form provided for in Article 8 hereof. In accordance with Article L. 121-11 of the French Consumer Code, DOMAINE DU GOÛT reserves the right to refuse an order on legitimate grounds, of which it will inform the customer by email. Such grounds include, in particular: the absence of all or part of the information required to process and deliver the ordered products, the permanent unavailability of the ordered products, the refusal of payment authorization by bank card by officially accredited organizations, non-payment, or an abnormal order or one placed in bad faith.
ARTICLE 6 – DELIVERY
6.1 DELIVERY LOCATION
The products are delivered in mainland France, Germany, Austria, Belgium, Spain, Italy, Luxembourg and the Netherlands.
6.2 SHIPPING METHODS
The ordered products are delivered to the address specified by the customer when finalizing the contract. If the recipient or a person able to take possession of the products is absent at the time of delivery, the carrier leaves a delivery notice at the delivery address indicated by the customer. This allows the customer to collect the parcel at the place and within the period indicated. Under no circumstances shall DOMAINE DU GOÛT be liable for any deterioration of the products resulting from late collection of said products from the carrier or from the customer’s failure to collect the products. A delivery delay or failure to deliver due to a lack of precision or an error in the information provided by the customer shall not entitle the customer to any refund. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the customer’s expense. Any storage fees shall remain payable by the customer.
6.3 DELIVERY TIMES
DOMAINE DU GOÛT informs the customer of the delivery period when the contract is finalized. This period begins upon confirmation of the corresponding validation of the contract, as defined in Article 5.4 of these general terms and conditions of sale.
ARTICLE 7 - TRANSFER OF OWNERSHIP / TRANSFER OF RISK
By way of derogation from Article 1196, paragraph 1, of the French Civil Code, DOMAINE DU GOÛT expressly reserves ownership of the delivered products until their price has been paid in full. In the event of the customer's default, DOMAINE DU GOÛT reserves the right to repossess the products. The transfer to the customer of the risks, including loss, destruction, deterioration, or theft of the products, takes place as soon as the customer physically takes possession of the products.
ARTICLE 8 - RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the customer, acting as a consumer, has a 14-day withdrawal period from the date the contract is finalized, allowing them to cancel all or part of the contract and return the products received at their own expense. A customer wishing to exercise their right of withdrawal must notify DOMAINE DU GOÛT of their decision using the form provided for this purpose within the aforementioned period, available here and attached to the confirmation email referred to in Article 5.4, or by means of an unambiguous statement. The products must be returned by the customer within a maximum period of 14 days following communication of their decision to withdraw. The products must be returned in their original packaging and properly protected. They must be in perfect resalable condition. Any product returned incomplete, scratched, washed, damaged, deteriorated, or soiled - even partially - will not be refunded or exchanged. Products must be returned in their original condition and complete _ The Advent calendar must not be opened. Except in cases of lack of conformity or hidden defects in the product, return costs are borne by the customer (including €4.90 VAT for UPS France shipping). The customer will be refunded, as soon as possible and no later than 14 days after the date on which DOMAINE DU GOÛT is informed of the customer's decision to withdraw, for the full amount paid. However, DOMAINE DU GOÛT may defer the refund until the products have been recovered or until the customer has provided proof of their shipment.
ARTICLE 9 – RECEIPT OF THE PRODUCTS
The customer must check the conformity of the products before signing any delivery document. The customer must indicate on the delivery note, in the form of precise and substantiated handwritten reservations accompanied by their signature, any apparent defect concerning the delivery (damage, missing items, etc.). These reservations must be confirmed by registered letter sent to DOMAINE DU GOÛT's registered office within 8 days following delivery. Failing confirmation of reservations within this period, DOMAINE DU GOÛT will accept no claim for apparent defects, and the delivered product will be deemed compliant. If the delivery does not quantitatively conform to the order, DOMAINE DU GOÛT will reimburse only the price difference between the products covered by the contract and those delivered. In the case of a damaged product or a product that does not correspond to the customer's order, DOMAINE DU GOÛT undertakes to replace it, to the exclusion of any other compensation or interest. DOMAINE DU GOÛT will send a letter confirming its acceptance of the return of the product or products. No return will be accepted without DOMAINE DU GOÛT's prior written consent. In the event of non-conformity, any returns must be sent to DOMAINE DU GOÛT's address, in their original and complete condition, within 8 calendar days from DOMAINE DU GOÛT's written agreement. Returned products that are incomplete, damaged, soiled, removed from their packaging by the customer, or for which no express reservations were made upon delivery under the conditions of this article, will not be accepted. Return costs will be reimbursed to the customer upon presentation of supporting documents. DOMAINE DU GOÛT does not accept packages sent carriage forward. All risks associated with returning the products are borne by the customer.
ARTICLE 10 – LEGAL WARRANTIES
The products supplied by DOMAINE DU GOÛT are covered as a matter of law, in accordance with the applicable legal provisions, by:
– of the legal warranty of conformity under the conditions set out in Article L. 217-4 et seq. of the Consumer Code;
– of the legal warranty against hidden defects under the conditions set out in Articles 1641 et seq. of the Civil Code.
It is recalled that, under the legal warranty of conformity, the customer:
– benefits from a two-year period from delivery of the goods to take action against the seller;
– may choose between repairing or replacing the product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
– is exempt from having to prove the existence of the product's lack of conformity during the 24 months following delivery of the product. The customer may decide to invoke the legal warranty against hidden defects in accordance with Article 1641 of the Civil Code. In that case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 11_1 – LIABILITY_1
DOMAINE DU GOÛT may always prevent a liability claim by bringing the product into conformity or replacing a defective or non-conforming product. It is understood that DOMAINE DU GOÛT will not accept any product return without having authorized it beforehand. DOMAINE DU GOÛT may under no circumstances be held liable in the event of improper use of the products by the customer or the customer's failure to comply with the instructions for use. In any event, DOMAINE DU GOÛT may only be held liable for compensation for actual, direct, personal, and certain loss suffered by the customer as a result of the products, provided that the customer proves that a breach or fault by DOMAINE DU GOÛT caused such loss. DOMAINE DU GOÛT shall under no circumstances be liable, either to the customer or to third parties, for any indirect damage. The products offered comply with the applicable French and European legislation. DOMAINE DU GOÛT shall not be held liable in the event of non-compliance with the legislation of the country where the product is delivered. The customer must check with the local authorities regarding the possibility of importing or using the products or services they intend to order.
ARTICLE 11_2 – LIABILITY _ 2
The customer is deemed to be fully familiar with the products and acknowledges, by placing an order for a product, that they have been able to obtain information about it, particularly from the sole description and information provided on the website. DOMAINE DU GOÛT is responsible only for the content of the pages it publishes. The website may contain links to other websites. DOMAINE DU GOÛT shall under no circumstances be held liable for the practices or content of those websites. For all stages of accessing the website, browsing it, completing forms, and placing orders, DOMAINE DU GOÛT has an obligation of means only. Consequently, DOMAINE DU GOÛT's liability cannot be incurred for any inconvenience or damage inherent in the use of the Internet. In particular, any disruption in the provision of the service, or any external intrusion or computer virus, shall not incur DOMAINE DU GOÛT's liability.
ARTICLE 12 – FORCE MAJEURE
If an event beyond DOMAINE DU GOÛT's control occurs that prevents or delays delivery, particularly in the event of force majeure, a shortage of raw materials, unforeseen production difficulties, limitations on or cessation of production, difficulties with subcontractors or suppliers, strikes, or economic or political disruption caused by an event such as war, civil war, an embargo, or transport difficulties, DOMAINE DU GOÛT's liability cannot be incurred. Delivery times will be extended accordingly. If the impediment is permanent or lasts for more than one month, DOMAINE DU GOÛT is entitled to terminate the contract as of right. This may be done without completing any legal formalities, by simply sending a registered letter with acknowledgment of receipt.
ARTICLE 13 – TERMINATION
In the event of a breach by the customer of any of their contractual obligations, particularly in the event of a payment incident, DOMAINE DU GOÛT reserves the right to suspend their account or even terminate it as of right, without completing any legal formalities, depending on the severity of the breach. DOMAINE DU GOÛT reserves the right to refuse any order from a customer with whom any dispute exists.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
This contract and these general terms and conditions are governed by French law. Consumer customers are informed of their right to use a consumer mediator free of charge, with a view to reaching an amicable resolution of any dispute that may arise with DOMAINE DU GOÛT. Any consumer dispute must first be submitted in writing to the DOMAINE DU GOÛT Customer Service at the following address: Domaine du Goût, A start-up hosted at Village by CA, 67 rue des Godrans 21000 Dijon, or by email at pauline@domainedugout.com. Following a prior written request by consumers to DOMAINE DU GOÛT, the Mediator Service may be referred to for any consumer dispute whose resolution has not been successful. In accordance with Article 14 of Regulation (EU) No. 524/2013, the EC has established an Online Dispute Resolution platform, facilitating the independent out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 15 – INTELLECTUAL PROPERTY
All content published on the website is protected by the provisions of the Intellectual Property Code and belongs to DOMAINE DU GOÛT (including sounds, images, photographs, videos, written content, animations, programs, graphic design, utilities, databases, software, and other underlying technology). DOMAINE DU GOÛT is a trademark registered with the INPI. Any total or partial reproduction, modification, or use of this trademark, the illustrations, or images from the website, for any reason and on any medium whatsoever, without the express prior consent of DOMAINE DU GOÛT, is strictly prohibited.
ARTICLE 16 – PERSONAL DATA
In accordance with the provisions of Law No. 78-17 of January 6, 1978, relating to data processing, files and civil liberties, and the decision of the CNIL (National Commission for Information Technology and Civil Liberties) of July 10, 2006, DOMAINE DU GOÛT declared its customer/prospect database to the CNIL. The customer is informed that data concerning them may be entered into nominative databases for use by DOMAINE DU GOÛT in compliance with the applicable legal provisions, in connection with the implementation of the services offered to customers on the website, for the preparation of statistics for internal use, and to strengthen and personalize communications with them. The customer has been clearly informed that they may object, on legitimate grounds, to information concerning them being subject to such processing. The customer may, at any time, request access to or correction of any information concerning them contained in the databases. They may do so on the website or by sending a letter or email to DOMAINE DU GOÛT.
