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 sommelier of DOMAINE DU GOÛT. La Vinotte is a wine bottle sample with a capacity of 2 cl. The system for repackaging wine bottles into Vinottes is patented. It guarantees the organoleptic properties of the repackaged wine for three months from the repackaging date. DOMAINE DU GOÛT offers several subscription packages 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 finalized on the website by an adult customer. The consumer as defined by French law and case law (hereinafter "customer"). DOMAINE DU GOÛT reserves the right to refuse to finalize a contract with a professional. The customer declares having full legal capacity to commit under these general terms and conditions of sale. Any contract conclusion implies the customer's full and unconditional acceptance of these terms and conditions (except for special conditions agreed or accepted in writing between the parties). Checking the box "I accept the General Terms and Conditions" when finalizing a contract constitutes full and unconditional acceptance of these terms and conditions. Any document other than these general terms and conditions of sale is for informational and indicative purposes only, not contractual (including catalogs, brochures, advertisements, instructions). DOMAINE DU GOÛT’s failure at any time to invoke any clause of these GTC cannot be considered a waiver to invoke it later. DOMAINE DU GOÛT reserves the right to adapt or modify these general terms and conditions of sale at any time. In case of modification, the GTC in effect on the day the contract is concluded will apply to each contract. If any provision of these terms is deemed null for any reason, all other provisions shall remain binding between the parties.
ARTICLE 3 – OFFERED PACKAGES
DOMAINE DU GOÛT notably offers the following packages:
3.1 DISCOVERY BOX 6 SPIRITS
The customer can order a tasting set alone. This order will be placed on the website, at the price indicated on the website. The customer can later order on the Domaine du Goût website the bottle(s) of their favorite spirit. The Vinottes should be consumed within 2 months after the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations.
3.2 TASTING BOX - SINGLE SHIPMENT
The customer can order a tasting box. This box consists of a tasting set of 4 Vinottes and 3 bottles of 75 cL of the preferred wine. The tasting set is sent first by tracked mail, and the 3 bottles of 75 cL are sent later, once the wine choice is made. The customer can make their wine choice within the allotted time (about fifteen days) from the receipt (or delivery notice) of the tasting box. This order will be placed on the website under the wine choice section. We allow 15 days for the wine choice because otherwise, we get very (very) late responses… From experience, this works better 😊. However, if the response comes later, no problem, the important thing is your/their wine choice. Bottle orders must be made in multiples of 3. The 3 bottles in each multiple must be identical. The Vinottes should be consumed within 2 months after the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations. Feel free to chill the Vinottes before tasting: 10 minutes for white wines and 5 minutes for rosés.
3.3 TOURNEE EN AOC
The Customer can order a Tournée en AOC. This product consists of 12 Vinottes of 12 French AOC wines. The product includes red, white, and rosé wines. This order will be placed on the website, at the price indicated on the website. The customer can later order on the Domaine du Goût website the bottle(s) of their favorite wine. The Vinottes should be consumed within 2 months after the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations. Feel free to chill the Vinottes before tasting: 10 minutes for white wines and 5 minutes for rosés.
3.4 SET OF 12 SPIRITS
The customer can order a set of 12 spirits (Modern, Classic, or Timeless). This order will be placed on the website, at the price stated on the website. The customer can then order on the Domaine du Goût website the bottle or bottles of their favorite spirit. The Vinottes must be consumed within 2 months after the purchase date. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations.
3.5 WINE ADVENT CALENDAR 24 WINES
The customer can order a Wine Advent Calendar. This product consists of 24 Vinottes of French AOC wines. The product includes red, white, and rosé wines. This order will be placed on the website, at the price stated on the website. The customer can then order on the Domaine du Goût website the bottle or bottles of their favorite wine. For the 2021 edition, the Vinottes must be consumed before January 31, 2022.
We also recommend storing them in a cool, dry place, away from light and temperature fluctuations. Do not hesitate to chill the Vinottes before tasting: 10 minutes for white wines and 5 minutes for rosés.
3.6 TASTING BOX 24 SPIRITS
The customer can order a box of 24 spirits. This order will be placed on the website, at the price stated on the website. The customer can then order on the Domaine du Goût website the bottle or bottles of their favorite wine. For the 2021 edition, the Vinottes must be consumed before January 31, 2022. We also recommend storing them in a cool, dry place, away from light and temperature fluctuations.
ARTICLE 4 – PRICES
Contract prices are indicated to the customer on the website. Shipping fees 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 – TERMS FOR SETTLING A CONTRACT
5.1 ONLINE FORM
The client finalizes the contract on the website, from the pages related to their purchase. The client must follow the different steps to finalize the contract by specifying the delivery address for the products. They then confirm their choice by clicking the “Confirm my order” icon after checking the box “I accept the General Terms and Conditions,” which constitutes full and unconditional acceptance of these terms and conditions. All finalized contracts are summarized so that the client can verify the details of their order and the total price, and correct any errors before confirming it to express their acceptance. Finally, the client confirms the contract finalization by payment.
5.2 CUSTOMER ACCOUNT
The finalization of a contract on the website requires the prior free creation of a customer account on the Website. When creating their customer account, the client agrees to provide accurate and truthful information about their situation. They provide their last name, first name, postal address, phone number, and email address, and choose login credentials (a username and a password). A uniqueness check of the username is then performed by the IT system implemented by DOMAINE DU GOÛT. These credentials, strictly confidential, are requested from the client at each transaction. The password can be changed online from their customer account. This password is personal, confidential, and non-transferable, and the client therefore agrees not to share it with third parties. Any access to the client’s account using their password is deemed to have been made by the client. DOMAINE DU GOÛT cannot, under any circumstances, be held responsible for fraudulent or abnormal use of the password and/or customer account. In case of loss or forgetting the password, the client can click on a “forgot password” link and enter their email address. They will receive an email with a link to create a new password. The client agrees to regularly verify their personal data before each new contract and to make any necessary changes online in their customer account. DOMAINE DU GOÛT especially draws the client’s attention to the necessity of providing a valid email address and phone number.
5.3 PAYMENT
The amount due by the customer as part of the contract completion is payable in full on the day of contract completion. Payment in full is made by credit card (Carte bleue, Visa, Eurocard/Mastercard). The customer guarantees to 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 will constitute the due payment of amounts owed under the contract and express acceptance of all transactions carried out. No contract paid by the customer can be modified or canceled, subject to the provisions of article 8 of these terms.
5.4 CONFIRMATION OF CONTRACT COMPLETION
DOMAINE DU GOÛT confirms the contract completion by email summarizing the characteristics of the chosen subscription plan and including the standard withdrawal form provided for in article 8 of these terms. In accordance with article L. 121-11 of the Consumer Code, DOMAINE DU GOÛT reserves the right to refuse an order for legitimate reasons, which it will inform the customer of by email. Such reasons include, in particular: the absence of all or part of the information necessary for processing and delivering the ordered products, the permanent unavailability of the ordered products, refusal of payment authorization by credit card from officially accredited organizations, non-payment, an abnormal or bad faith order.
ARTICLE 6 – DELIVERY
6.1 DELIVERY LOCATION
Products are delivered in mainland France, Germany, Austria, Belgium, Spain, Italy, Luxembourg, and the Netherlands.
6.2 SHIPPING METHODS
The products ordered are delivered to the address specified by the customer at the time of contract completion. In case of absence of the recipient or a person able to take possession of the products upon delivery, the carrier leaves a delivery notice at the delivery address provided by the customer. This allows them to collect the package at the location and within the timeframe indicated. Under no circumstances shall DOMAINE DU GOÛT be held responsible for any potential damage to the products in case of late collection of said products from the carrier, or non-collection of the products by the customer. A delivery delay, or non-delivery due to lack of precision or error in the information provided by the customer, shall not give rise to any refund. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the customer's expense. Any storage fees remain the responsibility of the customer.
6.3 DELIVERY TIMES
DOMAINE DU GOÛT indicates the delivery time to the customer when the contract is regularized. This period starts from the confirmation of the corresponding contract validation, 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 Civil Code, DOMAINE DU GOÛT expressly reserves ownership of the delivered products until full payment of their price. In case of customer default, DOMAINE DU GOÛT reserves the right to repossess the products. The transfer of risks, including loss, destruction, damage, or theft of the products, to the customer occurs 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 Consumer Code, the customer, as a consumer, has a withdrawal period of 14 days from the regularization of the contract, allowing them to cancel all or part of the contract and return the received products at their own expense. The customer wishing to exercise their right of withdrawal must notify their decision to DOMAINE DU GOÛT using the form provided for this purpose within the aforementioned period, accessible here, and attached to the confirmation email referred to in article 5.4, or by means of an unambiguous statement. Products must be returned by the customer within a maximum of 14 days following the communication of their decision to withdraw. Products must be returned in their original packaging, properly protected. They must be in perfect resale condition. Any product returned incomplete, damaged, washed, harmed, deteriorated, or soiled – even partially – will not be refunded or exchanged. Product returns must be made in their original and complete condition _ The Advent calendar must not be opened.Except in cases of non-conformity or hidden defects of the product, return shipping costs are the responsibility of the customer (€4.90 including tax for UPS France shipping). The customer will be refunded as soon as possible and no later than 14 days from the date DOMAINE DU GOÛT is informed of the customer's decision to withdraw, for the full amount paid. However, DOMAINE DU GOÛT may delay the refund until the products are recovered or until the customer has provided proof of their shipment.
ARTICLE 9 – RECEIPT OF 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 justified handwritten remarks, accompanied by their signature, any apparent defects concerning the delivery (damage, missing items, etc). These remarks must be confirmed by registered mail to the headquarters of DOMAINE DU GOÛT within 8 days following the delivery. If no confirmed remark is made within this period, no claim for apparent defects will be accepted by DOMAINE DU GOÛT and the delivered product is deemed compliant. If the delivery is not quantitatively compliant with the order, DOMAINE DU GOÛT will only refund the price difference between the contracted products and those delivered. In the case of a damaged product or one not matching the customer's order, DOMAINE DU GOÛT commits to proceed with an exchange, excluding any other compensation or interest. DOMAINE DU GOÛT will send a confirmation letter accepting the return of the product(s). No return is accepted without the prior written consent of DOMAINE DU GOÛT. In case of non-compliance, any returns must be made to the address of DOMAINE DU GOÛT, in their original and complete condition, within 8 calendar days from the written agreement of DOMAINE DU GOÛT. Products returned incomplete, damaged, soiled, removed from their packaging by the customer, or not subject to explicit remarks at delivery under the conditions of this article, will not be accepted. Return shipping costs will be reimbursed to the customer upon presentation of receipts. DOMAINE DU GOÛT does not accept parcels sent with postage due. All risks related to the return of products are the responsibility of the customer.
ARTICLE 10 – LEGAL WARRANTIES
The products supplied by DOMAINE DU GOÛT benefit automatically, in accordance with legal provisions:
– of the legal conformity warranty under the conditions of article L. 217-4 and following of the Consumer Code;
– of the legal warranty against hidden defects under the conditions of articles 1641 and following of the Civil Code.
It is reminded that under the legal conformity warranty, the customer:
– benefits from a two-year period from the delivery of the good to take action against the seller;
– may choose between repair or replacement of the ordered product, subject to the cost conditions provided by article L 217-9 of the Consumer Code;
– is exempt from proving the existence of a product conformity defect for 24 months following the delivery of the product. The customer may decide to invoke the warranty against hidden defects of the product in accordance with article 1641 of the Civil Code. In this case, they may choose between rescinding the sale or a price reduction in accordance with article 1644 of the Civil Code.
ARTICLE 11_1 – LIABILITY_1
DOMAINE DU GOÛT can always prevent a liability claim by bringing the product into compliance or by replacing a defective or non-compliant product. It is understood that DOMAINE DU GOÛT does not accept any product returns without prior authorization. DOMAINE DU GOÛT cannot under any circumstances be held liable in case of misuse of the products by the customer or failure by the customer to follow the usage instructions. In any case, the liability of DOMAINE DU GOÛT can only be engaged to compensate for actual, direct, personal, and certain damage suffered by the customer due to the products, provided that the customer proves that a breach or fault of DOMAINE DU GOÛT caused this damage. DOMAINE DU GOÛT cannot be held responsible either towards the customer or third parties for any indirect damage. The products offered comply with current French and European legislation. DOMAINE DU GOÛT’s liability cannot be engaged in case of non-compliance with the legislation of the country where the product is delivered. The customer must check with local authorities the possibilities of importing or using the products or services they intend to order.
ARTICLE 11_2 – LIABILITY _ 2
The client is deemed to be fully familiar with the products and acknowledges when ordering a product that they have been able to obtain information about it, notably through the description and information provided on the site. DOMAINE DU GOÛT is only responsible for the content of the pages it publishes. The site may contain links to other websites. DOMAINE DU GOÛT cannot be held responsible for the practices or content of these websites. For all steps of accessing the site, browsing, filling out forms, and placing orders, DOMAINE DU GOÛT has only an obligation of means. Consequently, DOMAINE DU GOÛT cannot be held liable for any inconvenience or damage inherent to the use of the Internet. In particular, any disruption in service provision, external intrusion, or presence of computer viruses cannot engage the responsibility of DOMAINE DU GOÛT.
ARTICLE 12 – FORCE MAJEURE
In the event of an occurrence beyond the control of DOMAINE DU GOÛT preventing or delaying delivery, including cases of force majeure, shortage of raw materials, unforeseen production difficulties, production limitations or stoppages, issues with subcontractors or suppliers, strikes, economic or political disruptions such as war, civil war, embargo, or transport difficulties, DOMAINE DU GOÛT cannot be held liable. Delivery times will be extended accordingly. If the impediment is permanent or lasts more than one month, DOMAINE DU GOÛT has the right to automatically terminate the contract. This without any judicial procedure, by simple registered letter with acknowledgment of receipt.
ARTICLE 13 – TERMINATION
In the event of the client failing to meet any of their contractual obligations, particularly in case of payment issues, DOMAINE DU GOÛT reserves the right to suspend their account or even terminate it automatically, without any judicial procedure, depending on the severity of the breaches. DOMAINE DU GOÛT also reserves the right to refuse any order from a client with whom there is any dispute.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
The contract and these general terms and conditions are governed by French law. The consumer client is informed of their right to use a consumer mediator free of charge, with the aim of amicably resolving any dispute with DOMAINE DU GOÛT. Any consumer dispute must first be submitted in writing to the DOMAINE DU GOÛT Customer Service at the following contact details: Domaine du Goût, A startup hosted at Village by CA, 67 rue des Godrans 21000 Dijon, or by email at pauline@domainedugout.comAfter a prior written request from consumers to DOMAINE DU GOÛT, the Mediator Service may be contacted for any consumer dispute that has not been resolved. In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating 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 elements published on the website are protected by the provisions of the Intellectual Property Code and belong to DOMAINE DU GOÛT (such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, database utilities, software, and other underlying technology). DOMAINE DU GOÛT is a registered trademark with the INPI. Any total or partial reproduction, modification, or use of this trademark, illustrations, and images from the website, for any reason and on any medium whatsoever, without the express and 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 freedoms, and the decision of the CNIL (National Commission on Informatics and Liberty) of July 10, 2006, DOMAINE DU GOÛT has declared its customer/prospect database to the CNIL. The customer is informed that data concerning them may be entered into nominative files to be used by DOMAINE DU GOÛT in compliance with the legal provisions in force as part of the implementation of services offered to customers on the website, for the establishment of statistics for internal use, as well as to strengthen and personalize communication with them. The customer has been clearly informed that they have the right to object, for legitimate reasons, to the processing of information concerning them. The customer may, at any time, request the communication or correction of any information concerning them contained in the files. This can be done on the website or by sending a postal or electronic letter to DOMAINE DU GOÛT.
