General Terms & Conditions

General Terms & Conditions

DTD stands for Domaine Terres Destel

DTD is dedicated to marketing high-quality wines to its clients, to whom it aims to provide the best possible service. These General Terms and Conditions of Sale, hereinafter "GTC", have been drafted with this intention. They apply to all our prices, superseding previous versions, and are subject to change without prior notice. The provisions of our GTC prevail over the customer's special purchase conditions, which are only applicable to aspects not covered by our GTC and only if expressly accepted in writing by DTD.

ARTICLE 1 - Scope of Application

These GTC apply, without restriction or reservation, to all purchases of goods and products ("the goods" or "the products") offered by DTD ("the seller" or "the supplier") to consumers and non-professional customers ("The Clients" or "the Client" or "the consumer" or "the consumers") on its website https://www.terresdestel.com/, hereinafter referred to as "the Website". Access to the Website is free and open to all.

The essential characteristics of the wines and products are presented on the Website.

It is the Client’s responsibility to review this information before placing an order. The choice and purchase of a product is the sole responsibility of the Client.

DTD is a company with its registered office located at 400 Rue Jean Rostand VALESCURE, 83700 Saint-Raphaël, France.

These conditions exclude all other conditions, including those applicable for other product distribution channels.

The GTC are accessible at any time on the Website and will prevail, if necessary, over any other version or conflicting document. The GTC are made available to consumers via the "General Conditions" hyperlink where they are directly viewable; they can also be provided upon request.

By validating their order and the present GTC, the consumer confirms that they are of legal age and legally competent.

Unless proven otherwise, the data recorded in the seller's computer system constitutes proof of all transactions concluded with the Client.

In accordance with the French Data Protection Act of January 6, 1978, the Client has the right to access, rectify, and oppose any personal data at any time by writing, with proof of identity, to Terres d'Estel, 400 Rue Jean Rostand VALESCURE, 83700 Saint-Raphaël, France.

By checking the appropriate box before placing an online order, the Client acknowledges having read and accepted these GTC and the Website’s terms of use. Unless proven otherwise, the data recorded by DTD constitutes proof of all transactions between DTD and the Client via the Website.

By validating the order, the Client fully accepts these GTC without reservation.

These GTC may be amended in the future, with the applicable version being the one in effect on the Website at the time of the order.

The products presented on the Website are offered for sale in European territories.

Customs duties or other local taxes, import duties or state taxes may be applicable. These charges are the sole responsibility of the Client.

Modifications to the GTC become binding upon being posted online and cannot apply to transactions previously concluded.

ARTICLE 2 - Orders

The Client selects the products they wish to order on the Website following these steps: the Client selects their products and clicks “Add to Cart”. They then review their cart, verify the information, and choose their payment method. They must then click “Validate”. Afterward, they either log in to their account or create one and proceed with the payment.

The contractual information is presented in French and is confirmed at the latest upon validation of the order by the Client.

For orders placed exclusively online, the order is recorded when the Client accepts these GTC by checking the relevant box and confirms their order. The Client can review their order details, total price, and correct any errors before confirming (Article 1127-2 of the French Civil Code). This confirmation implies acceptance of the full GTC and constitutes proof of the sales contract.

The sale of products is considered final only after the Client receives confirmation from the Seller via email and full payment has been received.

Any order placed on the Website constitutes a contract concluded remotely between the Client and the Seller.

DTD reserves the right to cancel or refuse any order from a Client with whom there is an ongoing payment dispute regarding a previous order.

Modifications to an order, outside the Client’s right of withdrawal, will only be accepted within the Seller's capabilities and if notified by email at least one day before the expected delivery date. These modifications may lead to a new invoice and price adjustment.

If these changes cannot be accepted by the Seller, the amounts already paid will be refunded within a maximum of two months from the notification (unless the Client prefers to receive a credit note).

ARTICLE 3 - Prices

The wines and products are sold at the prices in effect on the Website at the time the order is placed. Prices are in Euros and include VAT.

Prices reflect any potential discounts granted by the Seller under the conditions specified on the Website.

Prices are firm and non-revisable during their validity period as indicated on the Website. Outside of this period, the Seller reserves the right to change prices at any time.

Prices do not include processing, handling, or shipping fees, which are charged separately under the conditions specified on the Website and calculated before the order is placed.

The total amount payable by the Client includes these fees.

An invoice will be issued by the Seller and delivered to the Client upon delivery of the ordered products.

ARTICLE 4 - Payment Terms

The total price must be paid in full at the time of order placement, under the conditions outlined in the “Orders” article above, via secure payment:

- by credit card: Visa, MasterCard, AMEX

- by personal or bank check

For payment by check, it must be issued by a bank located in mainland France or Monaco.

The check will be deposited upon receipt.

Payment data is encrypted.

The Seller is not obligated to deliver products if payment has not been made in full under the above-stated conditions.

Payments are considered final only after the Seller has received the full amount.

ARTICLE 5 - Product Delivery – Times and Shipping Fees

The products ordered will be delivered by road transport within 3 to 30 days after the Client’s final order validation, depending on the delivery provider, and under the conditions of these GTC and any specific sales terms provided with them, to the delivery address specified by the Client.

The Seller commits to making its best effort to deliver the products within the stated timeframe, under a best-effort obligation.

If the ordered products are unavailable, the Seller will immediately inform the Client and may offer a replacement of equal quality and price.

If the products are not delivered within 30 days of ordering, and this is not due to force majeure or the Client's fault, the Client may cancel the order in writing under Articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. The Client will be refunded within 14 days of cancellation, excluding any compensation.

If the Client makes specific delivery requests that are accepted in writing by the Seller, any related costs will be invoiced separately.

Unless the Client expressly issues reservations upon delivery, the products are deemed compliant in quantity and quality.

The Client has 14 days from delivery to send written reservations with supporting documents to the Seller.

No claims will be valid if the Client fails to comply with these conditions and deadlines.

The Seller will refund the Client promptly and at their expense for any product proven to be non-compliant.

ARTICLE 6 – Duration of the Offer

Online sales offers remain valid, unless otherwise indicated, as long as the products are listed on the Website and in stock.

ARTICLE 7 - Right of Withdrawal

In accordance with the law, the Client has a 14-day withdrawal period from the date of product delivery to cancel the order without justification or penalty, for a refund or exchange.

The right of withdrawal can be exercised by mail to the DTD address or via the contact form on the Website, referring to the following template:

WITHDRAWAL REQUEST TEMPLATE

(Please complete and return using the contact form on the Website only if you wish to withdraw from the contract)

To: Terres d'Estel, 400 Rue Jean Rostand VALESCURE, 83700 Saint-Raphaël, France.

I/we hereby notify you of my/our withdrawal from the contract for the sale of the following goods:

Ordered on ....... / received on ........

Client name(s):

Client address(es):

Client signature(s):

Date:

 

If the withdrawal is exercised within the specified period, the cost of the products and the initial shipping costs will be refunded. Only the return shipping costs are the Client's responsibility.

Reimbursement will be made no later than 14 days after the returned goods are received in proper condition by the Seller.

ARTICLE 8 - Seller’s Liability – Warranty

The Seller guarantees, as per legal provisions and at no additional cost, that the products are free from defects and conform to the contract.

To exercise their rights, the Client must notify the Seller in writing within 14 days of product delivery of any defects.

The Seller will refund or repair (or have repaired) the defective products as soon as possible. Reimbursement will be made via bank transfer or by check.

The Seller’s warranty is limited to the price paid and excludes liability for delays or failures caused by force majeure.

Products offered on the Website comply with French laws. The Seller bears no responsibility if local regulations are not respected by the Client, who is solely responsible for verifying compliance.

As per the decree of December 18, 2017, Article 1, the company responsible for product conformity is: Terres d'Estel, 400 Rue Jean Rostand VALESCURE, 83700 Saint-Raphaël, France.

The Seller further states, pursuant to Article 2 of the same decree, that it is liable for non-conformity as provided in Articles L.211-4 et seq. of the French Consumer Code and for hidden defects as per Articles 1641 et seq. of the Civil Code.

ARTICLE 9 - Data Protection

Under French Law No. 78-17 of January 6, 1978, it is reminded that personal data collected from the Client is necessary for order processing and invoicing, among other things.

This data may be shared with the Seller’s partners responsible for processing, managing, and fulfilling orders.

The processing of data via the Website has been declared to the CNIL.

The Client has a permanent right to access, modify, rectify, and oppose the use of their personal data as per applicable French and EU regulations. See the CNIL opposition form:

https://www.cnil.fr/fr/modele/courrier/sop...