General Conditions of Sales
Terms & conditions
These General Terms and Conditions of Sale apply to all orders placed via the www.maisongilbertgaillard.com website, irrespective of any other clauses that may appear on the purchaser’s documents.
The customer acknowledges that he/she has read these General Terms and Conditions of Sale and accepts their terms. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office will apply.
FRENCHIES WINES reserves the right to modify and update its General Terms and Conditions of Sale at any time. These modifications and updates will be binding on the customer as of the date of their posting on the www.maisongilbertgaillard.com website.
Orders & stocks
The sale is carried out by our ordering company. It is specified that these products are limited in quantity, so that they are offered for sale within the limits of available stocks.
In case of stock shortage, FRENCHIES WINES commits itself to inform the customer within a maximum of 5 working days from the receipt of the order, by mail or e-mail, possibly proposing to the customer a product of equivalent quality and price.
FRENCHIES WINES will acknowledge receipt of the order to the customer by displaying a confirmation message and simultaneously sending an e-mail containing this information. Orders placed on the website www.maisongilbertgaillard.com are binding on the customer as of the last validation of the order and the confirmation by FRENCHIES WINES of its registration; this confirmation is in effect equivalent to a signature and acceptance of the terms of the commercial transaction carried out and contractually binding the customer and FRENCHIES WINES.
The company reserves the right to refuse, reduce or split any order that is abnormal in terms of quantity or in the event that the customer is not covered for the full amount of the order by the credit insurance company used by our company, or in the event of a stock shortage or a necessary quota measure taken by our company.
The prices indicated include all taxes (applicable VAT, excise duty and any other taxes applicable on the day the order is placed, any change in which may be reflected in the price of the products). They do not include carriage costs, which are set at €10 inc. VAT for all orders under €50 inc.
Product prices and order levels may change at any time depending on FRENCHIES WINES’ pricing policy. The products ordered are invoiced at the price in effect at the time the order is registered.
Product offers and prices are only valid as long as they are visible on the website and within the limits of available stocks.
All orders require payment in accordance with the terms and means of payment specified in the order process.
Unless otherwise agreed in writing with the customer, payment for products ordered is made directly on the www.maisongilbertgaillard.com website:
By credit card (Carte Bleue, Visa, Eurocard and MasterCard) by entering its number and expiry date: payment will then be made via the CM-CIC p@iement secure system, which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted will be encrypted by software and no third party will be able to read it during transport on the network. FRENCHIES WINES itself will only receive the payment authorisation, positive or negative, from the bank; all banking data will only be transmitted by CM-CIC p@iement.
By Paypal: the Buyer may use the Paypal payment method available on the website. Payment will then be made via the funds in his Paypal account or by the credit card approved by Paypal. Orders paid via Paypal funds or credit card will be immediately available for delivery. Paypal accepts the following cards: Carte Bleue, Visa, Mastercard, American express, Carte Aurore, Cofinoga, Cofidis.
A payment order made by bank card cannot be cancelled. Payment of the order by the purchaser is therefore irrevocable, without prejudice to the customer’s right to retract or cancel the order at a later date.
The invoice corresponding to the products ordered will be sent by e-mail to the customer after validation of the order.
The products ordered will be delivered in mainland France within a maximum of 14 working days after receipt of payment. There may be an additional charge of €10, depending on the value of the order.
Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the customer. The order is delivered to the delivery address chosen by the customer.
It is the customer’s responsibility to check their parcels carefully on delivery in order to immediately make any reservations to the carrier. No complaint will be accepted if the customer has accepted the parcels without reservation on delivery.
In the event that FRENCHIES WINES is unable to deliver the ordered products within the aforementioned period of 14 days and if the delay in delivery exceeds 7 working days and is not due to force majeure, then the customer may automatically terminate the sales contract.
In this case, the customer must inform FRENCHIES WINES in writing on paper or by e-mail. FRENCHIES WINES will then undertake to reimburse the customer, as soon as possible and in any event within 14 working days from receipt of the request for cancellation, all sums that it may have received for the order.
The products sold on the www.maisongilbertgaillard.com website travel at the expense, risk and peril of FRENCHIES WINES, the transfer of risk and responsibility taking place upon delivery of the products to the customer’s premises at the address indicated in the order.
Maison Gilbert & Gaillard may be released from all or part of its obligations, without being entitled to claim damages, in the event of force majeure or unforeseen circumstances preventing or delaying delivery of the products ordered.
In particular, storms, fires, floods, severe climatic phenomena, severe equipment accidents, mobilization, war, transport interruptions, changes in laws or regulations inherent to the products sold, strikes whether total or partial and more generally any element beyond the control of FRENCHIES WINES.
In the event of force majeure, FRENCHIES WINES undertakes to notify the customer in writing as soon as possible.
The obligations of FRENCHIES WINES will then be suspended ipso jure, without compensation of any kind whatsoever, from the date of occurrence of the event characterizing the force majeure until the date of its end.
However, if the impediment due to force majeure persists for more than one month, the customer may, at his discretion, terminate the contract by registered letter with acknowledgement of receipt, without this entitling either party to any damages or interest whatsoever.
FRENCHIES WINES then undertakes to reimburse the customer in full any sums paid as soon as possible and in any event within a maximum period of 14 days following notification of the cancellation of the sale by the customer.
In accordance with the provisions of article L 121-20 of the French Consumer Code, the customer, if a consumer, has a period of 14 clear days from the date of receipt of the products ordered to exercise his right of withdrawal. If the 14-day period expires on a Saturday, Sunday or public holiday, the said period is extended to the next working day.
The customer undertakes to inform FRENCHIES WINES in writing or by e-mail of the exercise of his right of withdrawal, within the above-mentioned period.
The customer may return the products ordered to FRENCHIES WINES in execution of his right of withdrawal, the costs of returning these products being borne by the customer. The products must be returned within 14 days of the customer informing FRENCHIES WINES of the exercise of his right of withdrawal.
It is expressly specified that the products subject to the right of withdrawal exercised by the customer will only be taken back if they are returned in their original packaging and in perfect condition for resale. Any product that has been opened, damaged or partially consumed will under no circumstances benefit from the right of withdrawal provided for in the present article.
Consequently, the customer is advised to keep the original packaging until the end of the withdrawal period, and not to damage the packaging provided when opening the parcel.
In the event that the customer exercises the right of withdrawal, FRENCHIES WINES undertakes to reimburse the customer for all sums received for the purchase of the products, as soon as possible and at the latest within 14 days following the date of receipt of the products subject to the right of withdrawal at the premises of FRENCHIES WINES.
The refund will be made by crediting the customer’s bank account.
If FRENCHIES WINES fails to reimburse the amounts due to the customer within the aforementioned period of 14 days, it will be liable to the customer for late payment penalties in accordance with Article L 121-21-4 of the French Consumer Code, under the conditions stipulated therein.
It is the customer’s responsibility to verify that the products ordered correspond to his needs, it being specified that prior to placing the order, the customer has had the opportunity to obtain detailed information from FRENCHIES WINES on the nature and characteristics of the products ordered.
In view of the nature of the products sold by FRENCHIES WINES, FRENCHIES WINES recommends its customers to store the products in a place where they can be properly preserved and in particular in a cool, damp place, away from light, sun, frost and rain and without temperature variations.
Within the framework of the above-mentioned conditions, FRENCHIES WINES undertakes to guarantee the products sold against any defect or latent defect, under the conditions specified in articles 1641 to 1648 and 2232 of the French Civil Code and to guarantee the conformity of the products under the conditions specified in articles L 211-4 to L 211-13 of the French Consumer Code.
If the customer considers that the products delivered are marred by defects or faults, it must notify FRENCHIES WINES, by registered letter with acknowledgement of receipt, as soon as possible after the discovery of the defect or fault, specifying the nature and extent of the alleged defect or fault and providing all evidence as to the reality thereof.
The customer must give FRENCHIES WINES every opportunity to make any observations it deems necessary.
If, after these observations, it turns out that the products delivered were indeed defective or tainted with defects, then FRENCHIES WINES commits itself to replace free of charge all products recognized as defective or tainted with defects and to assume all costs of return of these products and of shipment of products free of defects or tainted with defects, or, failing to be able to replace the defective products, to reimburse the customer for the price of these products.
These General Terms and Conditions of Sale are subject to French law, which shall govern any dispute relating to their formation, execution or interpretation.
Address for service
FRENCHIES WINES elects domicile at the address of its registered office 7 Parc des Fontenelles, 78870 Bailly and on its website www.maisongilbertgaillard.com.
All correspondence concerning sales made on the www.maisongilbertgaillard.com website, and in particular any complaint made by the customer, must be sent either to the above address in writing, or by e-mail to the following address: firstname.lastname@example.org
In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The customer undertakes to be at least 18 years of age when placing an order on the www.maisongilbertgaillard.com website.