Terms of Sales
The company SARL ARMAND HEITZ is a SARL with a board of directors, registered with the Dijon Trade and Companies Register under number 812 377 950, whose head office is located at 24 rue Charles Paquelin 21190 Chassagne-Montrachet
hereinafter referred to as "ARMAND HEITZ"
VAT number: FR35812377950
1 - Object
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") define the rights and obligations of the parties in connection with the sale of products by ARMAND HEITZ via its website www.armandheitz.com (hereinafter referred to as the "Site") to any natural person of legal age who is a consumer, therefore excluding any purchase for resale (hereinafter referred to as the "Customer").
Any sale of wines made by ARMAND HEITZ is therefore governed by these T&Cs. Therefore, the fact for the Customer to place an order on the Site implies an unreserved acceptance by the Customer of these GCS.
The GCS exclusively govern online sales contracts to consumers and constitute with the order in line the contractual documents opposable to the parties, to the exclusion of all other documents, such as prospectuses, emailings, catalogs or photographs of the products which have only an indicative value.
By placing an order on the Site , Customer agrees to be at least the age of majority in your state or province of residence. He also undertakes to have the legal capacity to conclude this contract on the date of the order, being reminded that in accordance with article L. 3342-1 of the Public Health Code and Ordinance n ° 59- 107 of January 7, 1959 and Law No. 74-631 of July 5, 1974, the sale and supply of alcoholic beverages to minors and similar persons is prohibited. The Customer also agrees that his order is not intended for the consumption of minors.
2 - Modification
ARMAND HEITZ reserves the right to modify these GCS at any time . All orders placed are subject to the GCS appearing online on the day of the order.
3 - Products offered for sale
The products offered for sale are those which appear on the Site. Each product is accompanied by a description and one or more photographs, which are not contractual.
ARMAND HEITZ undertakes to supply the product ordered by the Customer within the limits of available stocks.
Considering the rare nature of certain products which are also subject to climatic hazards, ARMAND HEITZ reserves the right to apply restrictions on the quantities available.
The products displayed as available when ordering may sometimes no longer be so during ARMAND HEITZ's processing of the latter, despite the regular updating of the product database. ARMAND HEITZ will not be responsible in the event of unavailability of products or out of stock.
If the products can be restocked, ARMAND HEITZ will inform the Customer of this by any means and the products will be dispatched as soon as they enter stock. In this case, the delivery times provided for in article 7.3 will apply from the restocking.
If the products cannot be restocked, ARMAND HEITZ will inform the Customer by any means, and will offer him an equivalent product. The Customer may then either accept the proposal or refuse it and request a refund of the entire order. It will be made, if necessary, a total refund or payment of the difference between the unavailable product and the replacement product, by the same means of payment initially used.
4 - Price
Prices are expressed in Euros, all taxes included, excluding delivery, transport and customs taxes These costs will be mentioned, where applicable, before validation of the order and invoiced in addition.
ARMAND HEITZ reserves the right to modify its prices at any time. The price applicable to the Customer will be the price appearing on the Site on the day of the order.
5 - Order
5.1 - Order process.
Orders must be placed by the Customer on the Site, respecting the ordering process described below:
· First name
· Last name
· Company (not required)
· Next address (not required)
· Postal code
· Mobile phone
Choice of products and addition to basket => validation of basket => identification billing address and delivery address imperative information of a Surname and First name, a delivery address, an email and a mobile phone number. => certification of the majority => acknowledgment of the GCS and tick the box "I have read and I accept the GCS" => choice of payment method => validation of payment after verification of the order
An order confirmation e-mail will be sent to the Customer at the e-mail address provided by the latter.
During the ordering process, the Customer will be able to view, at any time, the details and the amount total of his order, and correct any errors, before confirming it in order to express his acceptance. Only the Customer is responsible for errors made during the ordering process.
5.2 - Terms of the order
By placing an order, the Customer expressly accepts the prices, product descriptions and GTC .
Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of ARMAND HEITZ.
By placing an order on the Site, the Customer expressly waives the benefit of article 1587 of the Civil Code, according to which the sale of wine is definitively concluded only after tasting and approval of the buyer.
ARMAND HEITZ reserves the right to refuse or cancel an order:
- if the quantities of products ordered are abnormally high for purchasers who are consumers;
- of a Customer who does not have the capacity to contract in accordance with Article 1 of these GCS;
- d 'a Customer with whom there has previously been a payment incident.
5.3 - Cancellation of an order
To be taken into consideration, any request to cancel an order must be made before the shipment of the products by ARMAND HEITZ, by telephone or e-mail, specifying the surname, first name, amount and order number.
6 - Terms and conditions of payment for the order
The Customer must make payment immediately upon ordering by: Carte Bleue, Visa, Mastercard, American Express, Paypal. For any other means of payment, the Customer must contact ARMAND HEITZ directly.
Payment is made on the secure site of ARMAND HEITZ's partner banking establishment. This implies that no banking information concerning the Customer is transmitted via the www.armandheitz.com site. Payment by credit card is therefore perfectly secure (SSL). The order will thus be recorded and validated as soon as the payment is accepted by the banking service.
The Customer guarantees ARMAND HEITZ that he has sufficient funds to cover the amount of the order and the necessary authorizations for the use of the credit card used.
Failure to pay by the due date automatically entails a LATE PENALTIES.The legal interest rate for sales to individuals, in accordance with Decree No. 2014-1115, is 4.16% in the first half of 2017
7 - Delivery of products
7.1 - Delivery address
The products ordered are delivered to the address indicated by the Customer when ordering on the Site.
In the event that the products are returned to ARMAND HEITZ on the grounds incomplete or false address, ARMAND HEITZ will contact the Customer to inform him and request additional information or a new delivery address. The starting point of the new delivery period will begin to run upon receipt of information concerning the new address and the costs of this reshipment will be borne by the Customer. Under no circumstances can ARMAND HEITZ be held responsible for the impossibility of delivering the products to the desired place and time.
7.2 - Transport and reception of the products
The products are insured by the care of ARMAND HEITZ during transport and travel at its own risk.
If the order reaches a certain volume, ARMAND HEITZ may send them to the Customer in several deliveries and/or several packages.
It it is up to the Customer to check the condition of the packaging as well as the nature, condition, quantity, quality of the products and more generally the conformity of the products delivered with the content of the order concerned and to make any necessary findings in the event of breakage, damage or missing items by clearly expressing their reservations on the delivery receipt. Signature of the delivery receipt without reservation will imply acceptance by the Customer.
Before signing the delivery receipt, in the event of an anomaly noted, the Customer must refuse delivery. The carrier will inform ARMAND HEITZ, who undertakes to reship to the Customer, as soon as possible, an identical product. Subject to ARMAND HEITZ's finding of the merits of the Customer's refusal to deliver, ARMAND HEITZ will bear the return shipping costs. The Customer will not be able to demand reimbursement of the product and the delivery costs.
After signing the delivery receipt, in the event of an anomaly noted by the Customer, he will be required to inform ARMAND HEITZ and the carrier by registered letter with acknowledgment of receipt within 24 hours after delivery.
As of delivery, ARMAND HEITZ cannot be held responsible for the risk of loss, deterioration of the products or damage that the Customer may cause on the latter.
7.3 - Delivery time
The Customer's order will be dispatched within a maximum of 3 working days from receipt of payment provided that the products ordered are available.
In any case, the order will be delivered within 30 days maximum provided that the delivery address is complete and exact and that the telephone number is valid.
In the event of non-compliance with this delivery time by ARMAND HEITZ, the Customer has the possibility of enjoining ARMAND HEITZ to make the delivery within a reasonable additional time, either by email to the address: email@example.com, or by registered letter with acknowledgment of receipt sent to the following address: 24 rue Charles Paquelin 21190 CHASSAGNE-MONTRACHET.
It is only if ARMAND HEITZ has not performed within this period that the Customer has the possibility of terminating the contract, according to the same terms.
In the event of non-compliance with the delivery deadline by ARMAND HEITZ, the latter shall in no case be liable for consequential damages that the Customer may claim.Such consequential damages include any loss of income, profits, interests or markets, and any loss related to the impossibility of using all or part of the shipment
7.4 - Force force majeure and fortuitous events
It is reminded that force majeure or fortuitous event releases - temporarily or definitively - ARMAND HEITZ from any delivery commitment and this without compensation for the benefit of the Customer. Therefore, ARMAND HEITZ cannot be held responsible for delays, losses, damages, quality degradation, errors or non-delivery. HEITZ, hindering or stopping supplies or deliveries by ARMAND HEITZ or those of its service providers or subcontractors, and preventing ARMAND HEITZ in good faith from delivering the products covered by the order.
8 - Responsibility
ARMAND HEITZ guarantees to supply products that comply with the regulations in force and with the characteristics announced on the Site.
ARMAND HEITZ cannot be held liable in the event of incomplete entry. or erroneous by the Customer, in the event of out of stock or unavailability of the products, in the event of consequential damages related to non-compliance with the delivery deadline, or for all the situations provided for in article 7.4 and in a manner general all events beyond the control of ARMAND HEITZ preventing the proper execution of the order.
9 - Retention of title clause
It is expressly agreed between the parties that the goods remain property of the seller until full and perfect payment in accordance with Law No. 80.335 of May 12, 1980. The transfer of ownership to the purchaser will take place from the day of full payment of the price. Notwithstanding the foregoing, upon receipt of the goods, the Customer shall have full responsibility for them with respect to any risk.
10 - Right of withdrawal
10.1 - Exercise of the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, as a consumer, the Customer may exercise his right of withdrawal within fourteen (14) days from the receipt of the ordered products. The Customer does not have to justify reasons and will not suffer any penalty.
To exercise this right of withdrawal, the Customer must notify his intention to withdraw, before the expiry of the withdrawal period, by an unambiguous declaration via:
- a letter containing his name, address and possibly his telephone number and his email address sent to the address (the cache of the Post Office serving as proof): 24 rue Charles Paquelin 21190 CHASSAGNE-MONTRACHET
- an e-mail containing his name, his address and possibly his telephone number and his e-mail address sent to the address (the date of sending being taken): armand@ armandheitz.com
10.2 - Procedures for returning products
The Customer undertakes, within fourteen (14) days following the sending of his decision to withdraw, to reship the products , in their original condition and packaging, in perfect condition for resale, to the following address: 24 rue Charles Paquelin 2 1190 CHASSAGNE-MONTRACHET.
The transport of returned products is the responsibility of the Customer, who must choose an appropriate reshipping method.
Reshipping costs will be borne by the Customer. ARMAND HEITZ will reimburse the Customer for the full price paid for the product (excluding delivery costs), as soon as possible and at the latest within fourteen (14) days following the date on which ARMAND HEITZ received the returned products.
The refund will be made using the same means of payment as that used by the Customer during the initial transaction, unless the Customer agrees that ARMAND HEITZ uses another means of payment and insofar as the refund does not incur any costs for the Customer
It is recalled that the Customer's liability, in the event of withdrawal after use of the product(s), is engaged with regard to the depreciation of the product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these products. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
We invite you to consult our return policy page for more details.
11 - Guarantees
ARMAND HEITZ is bound to its Customers by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. of the Consumer Code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 and following of the Civil Code.
In the event of non-compliance of the products, the Customer is invited to contact ARMAND HEITZ ( by mail, email or telephone) who will take care of it by indicating the terms of return, replacement or refund.
The Customer has two non-cumulative choices:
When 'it acts as a legal guarantee of conformity, the Customer:
- benefits from a period of two years from er of the delivery of the good to act;
- can choose between the replacement of the product, subject to the conditions of cost provided for by article L. 217-9 of the consumer code;
- if the replacement of the product is impossible, if the solution requested by the Customer has not been implemented within one month or if this solution cannot be implemented without major inconvenience for the latter taking into account the nature of the good and the use he is looking for, the Customer may obtain a refund against delivery of the object or a reduction in the price in the event that he wishes to keep it. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
- is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.
On the other hand, the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.
In In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code.
Proof of the absence of defect may be provided, in particular after tasting by the oenologists of ARMAND HEITZ.
The legal texts concerning the existence, the conditions of implementation and the content of the legal guarantee of conformity are reproduced below:
Article L. 217-4 of the Consumer Code:
"The seller delivers goods that comply with the contract and is liable for existing lack of conformity during delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
Article L.217-5 of the Consumer Code:
"The good complies with the contract:
1° If it is specific to the use usually expected of a similar good and, the if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted »
Article L. 217-12 of the Consumer Code:
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
The legal texts concerning the exist ence, the conditions of implementation and the content of the guarantee against hidden defects of the thing sold are reproduced below:
Article 1641 of the Civil Code:
“The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would not have given it than a lower price, if he had known about them”.
Article 1648 paragraph 1 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within a period of two years from the discovery of the defect".
Article 2232 of the Civil Code:
"The postponement of the starting point, the suspension or the interruption of the limitation may have the effect of extending the period of extinctive prescription beyond twenty years from the day on which the right arose”.
12 - Personal data - Right of access, rectification and e deletion
The automated processing of personal information on the Site will be declared to the Commission Nationale de l’Informatique et des Libertés. This space is in the process of being declared.
This space is in the process of being declared to the CNIL.
The information collected on the Site is subject to computer processing intended for the proper operation of the service and in particular the processing of orders, the creation of customer files and their distribution to third parties responsible for the execution and payment of orders.
In accordance with the "Informatique et Libertés" Law of 6 January 1978 amended, the Customer has at any time a right to access, rectify and delete information concerning him with ARMAND HEITZ.
The Customer may exercise this right by contacting ARMAND HEITZ by mail (24 rue Charles Paquelin 21190 CHASSAGNE-MONTRACHET) or by email (firstname.lastname@example.org).
Proof of identity may be requested from the Customer for any request.
If the Customer does not want the contact details concerning him to be reused for commercial purposes and/or transmitted to third parties, he is invited to inform ARMAND HEITZ by post or e-mail to the addresses indicated above.
13 - Cookies
14 - Intellectual Property
Are protected by intellectual property rights belonging to ARMAND HEITZ, all elements (database, graphics, text, photographs, etc.) of the Site.
No reproduction (other than that for strictly private use) of any of the elements of the Site, nor any hypertext link to the Site, may take place without the express prior authorization of ARMAND HEITZ.
15 - Alcohol abuse
Alcohol abuse is dangerous for your health. Know how to consume and enjoy with moderation.
16 - Applicable law
These General Terms and Conditions are subject to French law.
17 - Settlement of disputes
Fr In the event of a dispute over the interpretation, execution or validity of these GCS, we invite the Customer to seek an amicable solution by first contacting our Customer Service by sending them a letter to the following address 24 rue Charles Paquelin 21190 CHASSAGNE-MONTRACHET or an e-mail to the following address (email@example.com).
If this complaint relates to a product, it must, within this period, be kept in its original condition. or its original packaging so that any complaint can be taken into account.
In the event of failure of the complaint request to Customer Service or in the absence of a response from this service within two months, the Customer may submit the dispute between him and ARMAND HEITZ to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. To submit his request for mediation, the Consumer has a complaint form available on the mediator's website at the address www.medicys.fr
The parties to the contract remain free to accept or refuse the recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Client remains free at any time to take legal action.
The competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the item.
18 - Translation
These T&Cs have been drawn up in French and have is the subject of a translation.
It is agreed that in case of difficulty of interpretation, the French version will prevail.