Terms and conditions

BETWEEN :

SAS LE PETIT BAROUDEUR, whose registered office is at 4 boulevard Agelasto, 13009 Marseille – France – RCS MARSEILLE 888 660 073.

Hereinafter referred to as the Vendor,

On the one hand

AND

Any person making an online purchase on the SAS LE PETIT BAROUDEUR website 

Hereinafter referred to as the Buyer or the Consumer,

On the other hand.

The present general conditions of sale are concluded and applicable:

  1. Legal notice

    This site is published by the company Le Petit Baroudeur, SAS with a capital of 20 000 euros, registered in Marseille under the number Siret 888 660 073 00014, code APE 4634Z, whose head office is at 4 boulevard Agelasto, 13009 Marseille – France. Email : v.roux@le-petit-baroudeur.com

    Subject

    The GTC are applicable exclusively to the online sale of SAS LE PETIT BAROUDEUR products on the website https://le-petit-baroudeur.com, which is freely accessible to all Internet users.

    Duration

    The duration of the present contract is indefinite. The contract takes effect with regard to the User as of the use of the service.

    Scope of application

    The GTCs exclusively govern the online sales contracts of the company SAS LE PETIT BAROUDEUR to buyers who are consumers (hereafter, the Consumers) and constitute, together with the order form, the contractual documents that are opposable to the parties, to the exclusion of all other documents, leaflets, catalogues or photographs of the products, which only have an indicative value.

    The GTC are exclusively applicable to products delivered to consumers established in France and in the world.

    The GTC are written as well as all the contractual information mentioned on the site in French.

    The GTC are made available to consumers on the LE PETIT BAROUDEUR website, via the hypertext link “general conditions”, where they can be consulted directly; they can also be communicated to the consumer on request by e-mail.

    The GTC are opposable to the consumer who acknowledges, by ticking a box provided for this purpose, having been informed of them and having accepted them before placing an order.

    In any case, the validation of the order by its confirmation means that the buyer accepts the GTC in force on the day of the order, the conservation and reproduction of which are ensured by SAS LE PETIT BAROUDEUR in accordance with article 1369-4 of the Civil Code.

    SAS LE PETIT BAROUDEUR reserves the right to modify its GTC at any time. In the event of modification of the GTC, these modifications are opposable as from their posting on line and cannot apply to contracts concluded subsequently. The applicable GTC are those in force on the date of the order.

  1. Protection of minors

    By validating the order and the General Terms and Conditions of Sale, the Buyer undertakes to be at least 18 years old on the date of the order.

    In the case of orders placed from abroad, the Consumer must be of age according to the law of that country.

    Products – the wines

    The products presented for sale on the site are each the subject of a description accessible on the LE PETIT BAROUDEUR site. This description mentions the essential characteristics of the product within the meaning of Article L. 111-1 of the Consumer Code.

    The photographs illustrating the products do not constitute a contractual document.

    The products comply with the provisions of French law in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection at the time they are placed on the market.

    The online sales offers presented on the site are valid, in the absence of any particular indication of duration, as long as the products appear in the electronic catalogue and within the limits of available stocks.

    Prices

    The selling price of the product is the one in force on the day of the order, taking into account the VAT applicable on the day of the order.

    The sale prices, in accordance with Article L. 113-13 of the Consumer Code, are indicated, for each of the products listed in the electronic catalogue, in euros including all taxes (including VAT at 20%), excluding delivery and transport costs.

    Delivery and transport costs will be indicated to consumers before the order is validated and will be invoiced in addition (free of charge from a purchase of fifty-five euros (55€)). Information on delivery costs is given below.

    The total amount due by the Consumer is indicated on the order confirmation page, which constitutes the Consumer’s consent.

    SAS LE PETIT BAROUDEUR reserves the right to modify its prices at any time, while guaranteeing the Consumer the application of the price in force on the day of the order.

    In the event of a promotion, SAS LE PETIT BAROUDEUR undertakes to apply the promotional price to all orders placed during the duration of the promotion and exclusively during this period.

    Orders and pre-orders.

    8.1. Ordering and pre-ordering process

    Choose your products, add them to the basket. Go to the basket, check that the information is correct and then proceed with the order. Enter the requested information, validate and proceed to payment via the E Transaction payment page of La Banque Populaire Méditerranée.

    8.2. Modification of orders and pre-orders

    Any modification of the order or pre-order by the buyer after confirmation of the order is subject to acceptance by SAS LE PETIT BAROUDEUR.

    SAS LE PETIT BAROUDEUR reserves the right to make modifications to the product ordered that are linked to technical developments under the conditions provided for in article R. 132-2-1, V of the Consumer Code.

    8.3. Validation of the order and the pre-order

    SAS LE PETIT BAROUDEUR reserves the right to refuse any order for legitimate reasons and, more particularly, if the quantities of products ordered are abnormally high for buyers who are consumers.

    As soon as the order or pre-order is registered on the site https://le-petit-baroudeur.com, a confirmation email summarising your order (products, price, availability of products, quantity, etc.) will be sent to the customer by LE PETIT BAROUDEUR. To this end, the customer formally accepts the use of electronic mail for the confirmation by LE PETIT BAROUDEUR of the content of his order. In any case, the invoices are given at the time of delivery.

    In the case of a pre-order, the sums paid in advance by the customer do not constitute a deposit, within the meaning of article 1590 of the civil code.

    8.4 Unavailability of the product

    Our products are offered as long as they are visible on the site and within the limits of available stocks. For products not in stock, our offers are valid subject to availability from our suppliers.

    If the products ordered or pre-ordered are unavailable for delivery, SAS LE PETIT BAROUDEUR immediately informs the consumer and can offer him a product of an equivalent quality and price; or a refund of the order.

    8.5. Archiving of data

    The archiving of communications and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with Article 1348 of the Civil Code. These communications and invoices may be produced as proof of the contract.

  1. Payment

    The products ordered are payable in full at the time of order (or pre-order) and in Euros.

    An invoice expressed in Euros including all taxes will be issued by SAS LE PETIT BAROUDEUR and sent to the customer at the billing address indicated.

    In the event of non-payment or refusal of authorisation of payment by the accredited organisations, SAS LE PETIT BAROUDEUR reserves the right to refuse an order.

    Payment is made immediately upon ordering, on the site and by credit card

    Bank account: E Transaction of the Banque Populaire Méditerranée

    Withdrawal

    10.1. Reasons for withdrawal

    The buyer has a withdrawal period of seven (7) clear days for goods (from receipt) and for services (from acceptance of the offer) to return the product to the seller. The buyer may request an exchange or refund without penalty, subject to the condition of the material and its packaging, with the exception of the return costs.

    10.2. Withdrawal / refund procedure

    In accordance with Articles L.120-20 et seq. of the French Consumer Code, the buyer has a seven (7) day withdrawal period, starting from the date of receipt of the products, without having to justify his reasons or pay any penalties, except, where applicable, for the cost of return. If the seven-day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

    Upon receipt of the goods, the buyer has 14 clear days to return the product intact to Le Petit Baroudeur and request a refund. Products damaged after delivery will not be accepted.

    The buyer who uses this option will have the obligation to proceed, under his responsibility and at his expense, to the return of the ordered goods to the seller’s address.

    When the goods have been sold as part of a promotional package, the entire package must be returned to the seller due to the indivisibility of the order and the total price invoiced.

    The buyer will be reimbursed within 30 days of the return.

    Complaints can only be made within eight (8) days of receipt of the goods.

    In order to cancel the order within the seven (7) working day retraction period, the buyer must return the goods in their original box by notifying SAS LE PETIT BAROUDEUR by post or by e-mail to v.roux@le-petit-baroudeur.com

    Delivery

    Delivery in France and in Europe.

    The delivery time may vary depending on the distance, from three (3) to ten (10) days. SAS LE PETIT BAROUDEUR is in no way responsible for delays.

    By express agreement, SAS LE PETIT BAROUDEUR reserves the property of the goods delivered until full payment of the invoice, the customer having however, from the moment the goods are made available, the custody of the products which are the subject of the invoice.

    Shipping costs: ten (10) euros for orders under two hundred and fifty (250) euros and free for orders over two hundred and fifty (250) euros. For all shipments within Europe, a flat rate of 25 euros is charged, regardless of the volume or amount of the order.

    A delay, even a significant one, cannot constitute an acceptable cause, neither for refusal of delivery, nor for action in damages of any kind.

    Our shipments are handled by external service providers, in particular Chronopost.

    Upon delivery, in the event of missing or damaged packages, reservations must be made on the carrier’s delivery receipt and confirmed by registered letter within three (3) working days to the delivering carrier with a copy to the sender.

    Our guarantee is strictly limited to the replacement within a normal period of time or to the reimbursement, at our discretion, of the parts recognised as defective or non-conforming, after examination by us. Any replacement shall in no case justify a delay or refusal to pay our invoices. Only the value of the parts found to be defective or not in conformity may be retained. Any deduction made on our invoices for any reason whatsoever is deductible from our turnover and leads to a proportional reduction in the amount of VAT.

    Management of your personal data

    The collection of personal data, their use for the processing of orders and the creation of customer files and their distribution to third parties responsible for the execution and payment of orders is subject to the consent of the person concerned.

  1. The information requested when registering on the site is necessary and mandatory for the creation of the User’s account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.

    The site ensures that the User’s personal information is collected and processed with respect for privacy in accordance with the French law n°78-17 of 6 January 1978 relating to information technology, files and freedom. The processing of nominative data, which are kept by the publisher for the sole purpose of the proper administration of orders and commercial relations, is subject to a declaration to the National Commission for Information Technology and Civil Liberties under number 1887266 v 0.

    Right to access, modify or delete your data

    In accordance with articles 39 and 40 of the law dated 6 January 1978, the User has the right to access, rectify, delete and oppose his personal data. The User may exercise this right via his personal space; by e-mail to v.roux@le-petit-baroudeur.com; by post to 4 boulevard Agelasto, 13009 Marseille, France.

    Dispute management and contact

    13.1. Default of delivery 

    Procedure:

    At the time of delivery, in the event of missing or damaged packages, reservations must be made on the carrier’s delivery receipt and confirmed by registered letter within three (3) working days to the delivering carrier with a copy to the sender at the following address SAS LE PETIT BAROUDEUR – 4 boulevard Agelasto 13009 Marseille, France

    Our guarantee is strictly limited to the replacement within a normal period of time or to the reimbursement, at our discretion, of the parts recognised as defective or not in conformity, after examination by us.

    Any replacement shall in no case justify a delay or refusal to pay our invoices. Only the value of the parts found to be defective or not in conformity may be retained. Any deduction made on our invoices for any reason whatsoever is deductible from our turnover and leads to a proportional reduction in the amount of VAT.

    For any information, you can send us an e-mail to v.roux@le-petit-baroudeur.com

    13.2 Any other disputes

    All disputes will be submitted to the competent court in Marseille.

    Any submission or confirmation of an order implies, without reservation, acceptance of these general conditions which prevail, in any case, over any contrary provisions emanating from the buyer. Any non-compatible stipulation appearing on the latter’s document is presumed to be revoked by the contract binding him to us.

    Guarantees

    14.1 Legal guarantees

    All products supplied by the professional seller benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

    Under these guarantees, the professional seller undertakes, at the consumer’s choice, to reimburse or exchange the defective products or those that do not correspond to the order.

    Article L211-4 French Consumer Code

    The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.

    Article L211-5 Consumer Code

    To be in conformity with the contract, the goods must :

    1 – Be fit for the purpose usually expected of similar goods and, where applicable :

    correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
    have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling

    2 – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.

    Article 1641 French Civil Code

    The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.

    Article 1648 paragraph 1 Civil Code

    The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect.

    Applicable law

    The French law applicable to the contract by virtue of the GTC shall not have the effect of depriving the consumer residing in another Member State of the provisions on guarantees granted to him by his national law in application of Directive 99/44/EC of 25 May 1999 on the sale of consumer goods and associated guarantees.

    Hyperlinks

    Numerous outgoing hypertext links are present on the site, however the web pages to which these links lead are not the responsibility of SAS LE PETIT BAROUDEUR, which has no control over these links.

    The User therefore refrains from engaging the responsibility of the site concerning the content and resources relating to these outgoing hypertext links.

    Evolution of the contract

    The site reserves the right to modify the clauses stipulated in this contract at any time.

    The nullity of a contractual clause does not entail the nullity of the GTC, except if it is an impulsive and determining clause that led one of the parties to conclude the sales contract.

    The temporary or permanent non-application of one or more clauses of the GTC by SAS LE PETIT BAROUDEUR does not constitute a waiver of the other clauses of the GTC, which continue to have effect.

    Intellectual property   

    The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher and are protected by copyright, trademark law and patent law.

    Any reproduction or distribution of these elements without prior written authorisation from the publisher will expose the offenders to legal proceedings.