GENERAL TERMS AND CONDITIONS OF SALE
These general conditions express the entirety of the parties' obligations. In this sense, the consumer, who declares to be of legal age, is deemed to accept unreservedly all the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or delivered by the consumer may be incorporated into these, provided that these documents are incompatible with these general conditions.
Article 1: Purpose
These general conditions aim to define the rights and obligations of the parties in the context of the online sale of goods and services offered by Sarl Domaine de Mortiès to the consumer.
Article 2: Identification of the seller
The Mortiès online wine shop was set up by:
Sarl Domaine de Mortiès
Route de Cazevieille 34270 Saint Jean de Cuculles
Tel. : 04 67 55 11 12
E-mail contact[@]morties.com
who operates this site.
Article 3: Products
Sarl Domaine de Mortiès presents the products for sale on its website with the necessary characteristics that comply with article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know, before placing the final order, the main characteristics of the products they wish to purchase.
Offers presented by Sarl Domaine de Mortiès are only valid within the limits of available stock; wines are offered until stocks are exhausted. In case of a stockout for a ordered wine reference, Sarl Domaine de Mortiès may, with the client's agreement, explore all solutions to modify, exchange, or refund the order.
Article 4: Entry into force - duration
These general conditions come into force on the date of signature of the purchase order. These general conditions are concluded for the period necessary for the supply of the ordered products and until the expiry of the guarantees due by Sarl Domaine de Mortiès.
Article 5: Electronic signature
The consumer's "double click" to confirm the purchase order constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 6: Order confirmation
Contractual information will be confirmed by e-mail. All information necessary for the proper execution of the order will be reminded on this occasion.
Article 7: Price
Product prices are indicated in Euros and are only valid on the date the purchase order is sent by the consumer. They do not include delivery charges, which are billed additionally and indicated before order confirmation/validation. Prices are indicated inclusive of all taxes at the VAT rate applicable on the day of the order. The full price must be paid when the order is placed.
Article 8: Payment method
- Payment by credit card online: when placing your order online, select the credit card payment method, then indicate your card number, cardholder name, and expiration date. Sarl Domaine de Mortiès guarantees the security of the transaction. We accept the following credit cards: CB, Visa, and Mastercard.
When paying by credit card online, all information is encrypted with the "Secure Socket Layer" SSL security key.
- Payment by bank cheque: make your cheque payable to Sarl Domaine de Mortiès and send it to us by mail, writing your order number on the back or accompanied by the purchase order to Sarl Domaine de Mortiès Route de Cazevieille 34270 Saint Jean de Cuculles.
Your order will be shipped upon receipt of the cheque.
- Payment by bank transfer:
The RIB/IBAN of Sarl Domaine de Mortiès is accessible when selecting the payment method before final order confirmation. Please indicate the order number, which will have been sent to you by email, in the transfer description.
Article 9: Product availability
The availability (present or future) of products is provided on the site for informational purposes. Our order acknowledgement definitively confirms this availability.
Article 10: Delivery
- Modalities and Generalities: Products are delivered to the address indicated by the consumer on the order form. It is therefore essential that the address provided during the order is accurate, complete, and precise. The consumer is required to check the condition of the goods' packaging upon delivery and to report any damage or missing items to the carrier on the delivery note, as specified below in Article 11, as well as to Sarl Domaine de Mortiès within one week.
We entrust the delivery of our wines to Schenker or La Poste carriers. However, we do not ship on the eve of a weekend, a long holiday weekend, or during a heatwave to avoid storing the wines.
For receipt, we advise you to allow between 3 and 8 days from our order confirmation by email. In case your packages are damaged, refuse the entire delivery and contact us. We handle your after-sales service.
Shipping costs are free for orders of 12 bottles or more, or over 180 €, for delivery in Metropolitan France.
France Languedoc Roussillon Region:
1-11 bottles: 20 € including tax
12 bottles and more: Free
Metropolitan France (excluding Languedoc Roussillon region):
1-11 bottles: 20 € including tax
12 bottles and more: Free
- Delivery time
Deliveries are dispatched within 48 hours of receipt of the order.
The estimated delivery times by zone from the date of your order are as follows:
France: 3 to 5 working days
In accordance with article L 133-3 of the Commercial Code, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, damaged products...) must be imperatively indicated on the delivery note in handwritten form, accompanied by the customer's signature. The consumer must report this anomaly by sending the carrier, within three (3) working days following the date of delivery, a registered letter with acknowledgement of receipt explaining and confirming the complaints set out on the delivery note. The consumer must send a copy of this letter by ordinary mail to Sarl Domaine de Mortiès Route de Cazevieille 34270 Saint Jean de Cuculles. No action can be taken for any reason whatsoever if the receiving consumer has not complied with the above requirements.
Article 12: Product Warranty
We do our utmost to ensure that your products are irreproachable. However, these are evolving products that vary according to vintages. It is recommended, in order for them to be enjoyed in good conditions, to let them rest for at least one month before consumption.
If, despite this, you encounter a particular problem, please contact: Sarl Domaine de Mortiès Route de Cazevieille 34270 Saint Jean de Cuculles, tel: 04 67 55 11 12.
Article 13: Right of withdrawal (only for non-professional customers)
The consumer has a period of 7 clear days to return, at their own expense and without justification, products that do not suit them. This period runs from the day of delivery of the consumer's order. Any return must be notified beforehand to the Customer Service of Sarl Domaine de Mortiès:
- by email to contact[@]morties.com
- by mail to: Sarl Domaine de Mortiès Route de Cazevieille 34270 Saint Jean de Cuculles
- by fax to 04 67 55 10 06
- by phone to 04 67 55 11 12
The product must be returned by registered Colissimo to: Sarl Domaine de Mortiès Route de Cazevieille 34270 Saint Jean de Cuculles
Only products returned in their entirety, in their complete and intact original packaging, and in perfect resale condition will be accepted. Any product that has been damaged, or whose original packaging has been deteriorated, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty and without charge, with the exception of return shipping costs. In the event of exercising the right of withdrawal, the consumer has the choice to request:
either a refund of the amounts paid, or an exchange of the product. In the case of an exchange, re-shipment will be at the consumer's expense.
In the event of exercising the right of withdrawal, Sarl Domaine de Mortiès will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly when the product requires a technical verification (cf. products that must be tested beforehand). The consumer will then be refunded by re-crediting their bank account (secure transaction) in case of credit card payment, or by check in other cases.
Article 14: Force majeure
Neither party shall be deemed to have failed in its contractual obligations if their performance is delayed, hindered, or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure shall be considered all similar facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the parties' will and which cannot be prevented by them, despite all reasonably possible efforts and those usually accepted by the jurisprudence of French courts and tribunals: blocking of transport or supply means, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks or difficulties specific to external telecommunication networks to customers. The two parties will meet to examine the impact of the event on the execution of the order and agree on the conditions under which it will be continued.
Article 15: Applicable Law
Only French law is applicable to all our transactions; the language used is French. The court of Montpellier has sole jurisdiction. This applies to both substantive and procedural rules. In the event of a dispute or claim, the consumer will first contact Sarl Domaine de Mortiès to seek an amicable solution.
Article 16: General Data Protection Regulation (GDPR)
The information requested from the consumer is necessary for the processing of their order and may be communicated to the contractual partners of Sarl Domaine de Mortiès involved in the execution of this order. The consumer may object to such communication or exercise their rights of access and rectification regarding the information concerning them and contained in the files of Sarl Domaine de Mortiès, under the conditions provided by the law of January 6, 1978, and European regulation 2016/679.
Article 17: Protection of minors under 16 years old *
In accordance with Article Lr3342-1 and following of the Public Health Code, which stipulates that the sale or offer of alcohol to minors under 16 years of age is prohibited, the buyer undertakes to be 16 years old on the date of the order.
Article 18: Alcohol Abuse
Alcohol abuse is dangerous for your health. Consume and enjoy in moderation.