General terms and conditions of sale and use

Rule #1 - Mandatory Information Under the Law on Confidence in the Digital Economy, Purpose of the Website, and Designation of Parties

This website is published by the company SARL Benoit Chapelle (hereinafter referred to as "Benoit Chapelle" or "the seller" or "the publisher") with a capital of €300,000, registered with the Dijon Trade and Companies Register under the number 383 264 264 RCS Dijon, and whose head office is located at 12 Boulevard Jules Ferry, 21200 BEAUNE.

The publisher can be reached by phone at 03 80 24 96 48 or by email at the following address: hello@benoitchapelle.com

VAT Registration Number: FR 06 383 264 264

This website is hosted by OVH

The publication director of this site is Jean François BECK, who also acts as the editorial manager.

This website is freely accessible and available to any user. Its purpose is the online sale of wines, accessories, spirits, beverages, food or non-food products (hereinafter referred to as "products" or "items") to customers (hereinafter referred to as "the client" or "member" or "user") making a purchase for private and non-professional purposes, and under no circumstances for subsequent resale for commercial purposes.

These sales are governed by the present general conditions.

Subscription to a contract governed by these general conditions with the publisher of this website implies acceptance by the user of these general conditions. The user acknowledges having read them fully. This acceptance will be formalized by checking the box corresponding to the phrase: "I acknowledge having read and accepted the general terms and conditions of sale and use of the website." Checking this box will be deemed to have the same value as a handwritten signature from the user. The user acknowledges the evidential value of the automatic recording systems of the publisher of this website and, unless proof to the contrary is provided, waives the right to dispute them in case of a conflict.
Acceptance of these general conditions requires that users have the necessary legal capacity, or failing that, have authorization from a guardian or curator if they are incapacitated, from their legal representative if they are minors, or are holders of a mandate if they are acting on behalf of a legal entity.

Rule #2 - Order Subscription Methods and Description of the Purchase Process

To comply with the provisions of the Law on Confidence in the Digital Economy of June 21, 2004, the ordering process will be described below:

To place an order, users can select one or more items and add them to their cart. Once their order is complete, they can access their cart by clicking on the button provided for this purpose. 

By viewing their cart, members will be able to verify the number and nature of the items they have selected and check their unit price as well as the total price of the order. They will have the option to remove one or more items from their cart.
This summary will also indicate whether or not customers can exercise their right of withdrawal and the applicable timeframes. 

If their order is satisfactory and they wish to validate it, users can click on the validation button. They will then be redirected to a form where they can either enter their login credentials if they already have them or register on the website by completing the form presented to them with their personal information. 

Once logged in or after completing the form correctly, customers will be invited to review or modify their delivery and billing information, then proceed with payment via a secure payment interface. 

The sale is considered final only after full receipt and cashing of the payment by the publisher of the website and after the electronic transmission to the customer of a confirmation of the order acceptance by the publisher.

The publisher undertakes to send the customer an electronic summary of the order, confirming its processing, including all information relating to the order, the products ordered, their delivery, and the modalities for exercising their right of withdrawal. 

Download the Withdrawal Form

Furthermore, the publisher reserves the right not to confirm, refuse, suspend, or cancel any order at any time during the process, for any necessary reason, particularly related to the customer's age, a previous payment dispute with the customer, unavailability of a product, an anomaly in the order (irregular account creation, impersonation, etc.). Finally, the publisher reserves the right to refuse any order in excessive quantities.

The prices displayed on the website are in Euros, inclusive of all taxes, excluding delivery charges (order preparation, packaging, transport, possible insurance), and excluding any potential fees charged to the customer by their bank for payment by bank transfer.
These prices may be modified at any time by the publisher. The prices displayed are only valid on the day of the order, subject to stock availability, and have no effect on future orders. 

Delivery charges, which vary depending on the destination, will, in any case, be indicated to the customer before any payment and apply only to deliveries made within Metropolitan France or Corsica.
For any other delivery location, it will be the customer's responsibility to contact customer service to assess feasibility and cost.

The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause. 

Product availability is indicated on the website, in the descriptive sheet of each item. In the event of a stock shortage of a product, the publisher undertakes to inform the customer electronically as soon as possible to agree on an alternative solution (for example, suspension of the order until the product is available again if possible, exchange for an equivalent product in quality and value, or cancellation of the order and refund).

Finally, as some products may have a rarity characteristic, the publisher reserves the right to impose restrictions on the available quantities for the same household (same name, same address, same email address, or same account holder).

Rule #3 -  Payment Information

Users can place orders on this website and make payments by credit card or bank transfer.

Credit card payments are made using secure transactions provided by the service provider: CIC Monetico. For credit card payments, the publisher of this website does not have access to any data related to the user's payment methods. The payment is made directly with the banking institution. 

Bank transfer payments are made using secure transactions provided by the service provider: Fintecture.

Rule #4 -  Delivery

Orders are delivered by UPS or Chronopost, or any carrier designated by the publisher, within 30 working days from the full receipt of the corresponding payment by the seller.

The seller cannot be held responsible in the following cases:
- Absence of the recipient, leading to non-collection of products or failure to schedule a delivery appointment with the carrier for a later delivery.
- Communication or information difficulties between the customer and the carrier (SMS, email, phone).

In these cases, the products will be returned to the seller, who will then refund the customer the amount of the order excluding delivery and return fees.

The delivery address is provided by the customer, who commits to providing precise and accurate information. In case of inability to deliver due to an incorrect or incomplete address resulting in the return of products to the seller, the customer will have the option to modify their shipping address for a new shipment, bearing the initial delivery costs, return fees, and new shipping fees.

In case of damage, spoilage, or missing items concerning the contents of the package, it is the customer's responsibility to make written reservations at the time of delivery (on the delivery note or the delivery person's electronic terminal), detailing the observed issues. The customer must also notify the seller within 48 hours after receiving the package using the contact form.

In such cases, the delivery timeframes stated above in these general conditions will no longer apply.

The seller reserves the right to postpone a shipment if weather conditions are likely to deteriorate the products (e.g., extreme temperatures), or if the delivery is to be made during periods of heavy road traffic (e.g., eve of a public holiday, weekend during vacation periods).

Finally, if an order contains products that can be delivered with different timeframes, the longest timeframe will apply to the entire order.

Rule #5 -  Consumer Rights Provisions

The customer service of this website is available Monday to Friday from 9 AM to 5 PM at the following non-premium rate phone number: 03 80 24 96 48, by email at hello@benoitchapelle.com, or by postal mail at the following address: Société Benoit Chapelle, 12 Boulevard Jules Ferry, 21200 BEAUNE. In the latter two cases, the publisher undertakes to respond within 30 working days.

In accordance with current legislation, consumers have a 14-day period from the date of receipt of the package to request an exchange or refund. To exercise this right, they must return (at their own expense) the package to the company's head office address: 12 Boulevard Jules Ferry, 21200 BEAUNE, accompanied by a letter requesting either a refund or an exchange. 

In all cases, returns must be made in the original packaging (suitable for product transport), using a carrier suitable for the product, including appropriate insurance.
The products must be in their original condition, particularly for bottles, unopened, clean (labels, caps…), closed, intact, thereby allowing their resale in new condition.
If these conditions are not met, the seller reserves the right to refuse the return of the product, which will then be held available to the customer for a period of 6 months, or to deduct an amount related to the damage caused.

Any delivery delay may result in the termination of the sale at the consumer's initiative, upon simple written request. The consumer will then be refunded the amounts paid during the order. This clause is not intended to apply if the delivery delay is due to force majeure, independent of the publisher's will.
In such a case, the customer agrees not to pursue legal action against the website and its publisher and waives the right to claim the termination of the sale provided for in this article.

Rule #6 -  Warranty of Products Purchased on This Website

In case of defectiveness of a new product purchased on this website, customers have, in accordance with the provisions of the Civil Code regarding the legal guarantee against hidden defects, a period of two years from the purchase date to request an exchange or refund, and, pursuant to Article L211-5 of the Consumer Code, they have a period of two years from the receipt of the said product to request an exchange or refund, in the event that the delivered good is not compliant, as defined by the aforementioned article.

To exercise either of these rights, they must return the package to the company's head office address: Société Benoit Chapelle, 12 Boulevard Jules Ferry, 21200 BEAUNE, accompanied by an explanatory letter requesting either a refund or an exchange. The shipping costs of the package, in the latter case only, will then be refunded to the customer by bank check or bank transfer, within a maximum period of thirty days. 

Since a hidden defect is a defect of the item which, under normal use conditions, makes it unfit for the intended use and the conformity obligation is understood as the delivery of the contractually agreed item, the publisher of this website is not responsible, even within the framework of any conventional warranty, for normal wear and tear of the products, accidental damages, or damages resulting from abnormal use of the products.

It is reminded that products must be stored under appropriate conditions (temperature, humidity, odor, light), otherwise the warranty cannot be applied.

Returns must be made in packaging suitable for product transport, using a carrier suitable for the product, including appropriate insurance.
The products must be in perfect resale condition, particularly for bottles, unopened, clean (labels, caps…), closed, intact, and stored in conditions ensuring their non-deterioration.
If these conditions are not met, the seller reserves the right to refuse the return of the product, which will then be held available to the customer for a period of 6 months, or to deduct an amount related to the damage caused.

Rule #7 - Personal Space

Creating a personal space is a mandatory prerequisite for any user's order on this website. To this end, the member will be prompted to provide a certain number of personal information. The member agrees to provide accurate information under penalty of contract termination at the publisher's initiative and account deletion.
Some information will be deemed essential for the conclusion of the contract, and their collection will be necessary for the creation of the personal space and the validation of the contract's conclusion. A member's refusal to provide said information will prevent the creation of the personal space as well as, incidentally, the validation of the order. 

This space allows the client or member to view all their orders placed on the website and also allows them, if applicable, to track the delivery of purchased goods. 

If the data contained in the personal space section disappear due to a fortuitous event, technical failure, or force majeure, the publisher of this website cannot be held liable, as this information has no evidential value but only an informative character. However, the publisher undertakes to securely store all contractual elements required by law or current regulations. 

Pages related to personal spaces can be freely printed by the account holder but do not constitute proof; they are only informative to ensure effective management of orders by the client. 

When creating the personal space, the user is prompted to choose a password. This password ensures the confidentiality of the information contained in their "my account" section, and the user therefore agrees not to transmit or share it with any third party. Failing to do so, the site cannot be held responsible for unauthorized access to a user's account. The user is also encouraged to choose a sufficiently long password (8 characters) and to use multiple types of characters.

The publisher reserves the exclusive right to delete the account of any member who has violated these general conditions (notably but not exhaustively, if the member has knowingly provided incorrect information during registration and the creation of their personal space) or any account inactive for at least one year. Such deletion will not constitute damage for the excluded member, who cannot claim any compensation as a result. 

This exclusion does not prevent the publisher from initiating legal proceedings against the member when justified by the facts.

Rule #8 - Editor's Newsletter

By checking the box provided for this purpose or by expressly giving their consent for this purpose, members agree that the publisher may send them, at a frequency and in a form determined by them, a newsletter (information letter) that may contain information related to their activity.
When the user checks the box provided for this purpose, they agree to receive commercial offers from the publisher of this website for products and services similar to those ordered.

Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (information letters).

Rule #9 - Partner Newsletters

Members who have agreed to the sharing of personal data (including their email address) with third-party partners of this website may receive newsletters (information letters) issued by these partners, whether commercial or not, at frequencies and in forms determined by said partners.
The member always has the option to unsubscribe by clicking on the link provided for this purpose, present in each of the newsletters (information letters) issued by said partners. Otherwise, the member has the option to unsubscribe by directly contacting the sender(s) of the said newsletters (information letters).

The publisher of this website cannot be held responsible in any way for the content, data, or forms of the newsletters (information letters) sent by said partners, regardless of any damage that may have been suffered by the member. Any complaint must be made directly to the sender of the newsletter (information letter).

Rule #10 - Mentions Relating to the Data Protection Law, January 6, 1978

Internet users have the free choice to provide personal information about themselves. Providing personal information is not mandatory for navigating the site. However, registering on this website requires the publisher to collect a certain number of personal information about users. Users who do not wish to provide the necessary information to use the services offered by this website, as well as, if applicable, necessary for creating a personal space, will neither be able to use the services offered by the publisher of this website nor place an order on this website.
When placing an order on this website, the information related to the collection of payment data, including the credit card number and its use for commercial identification purposes, is subject to obtaining the consent of the concerned person through the various forms present on the site. 

The collected data are necessary for the proper administration of the services offered on this website as well as for the publisher to fulfill its contractual obligations. These data are stored by the publisher solely in this capacity, and the publisher commits not to use them in any other context, nor to transmit them to third parties, except with the express consent of the users or as provided by law. 

The contact details of all users registered on this website are saved for a duration of one year, a reasonable period necessary for the proper administration of the site and normal data usage. These data are stored securely, using current technical means, in compliance with the provisions of the Data Protection Law of January 6, 1978. 

In accordance with the latter, users have the right to object, inquire, access, and rectify the data they have provided. To do so, they simply need to request it from the publisher of this website by emailing hello@benoitchapelle.com or by sending postal mail to the publisher's head office address mentioned at the beginning of these general conditions.
The personal data collected are subject to computerized processing and are exclusively reserved for the publisher of the site.
The data controller is Société Benoit Chapelle, whose contact details are provided at the beginning of these general conditions.
The collected personal data are not transferred abroad. 

Furthermore, the publisher reserves the right to collect the public IP address (Internet Protocol) of all internet users. The collection of this IP address will be done anonymously, it will be stored for the same duration as personal information, and it will only be used to ensure the proper administration of the services offered on this website. The IP address corresponds to a series of numbers separated by dots that allow the unique identification of a computer on the Internet network. 

The publisher must provide all personal data related to an internet user to the Police (upon judicial requisition) or to any person (upon judge's order). Your computer's IP address may be matched with the actual identity of the subscriber held by the ISP (Internet Service Provider).

Rule #11 - Mentions Relating to the Collection of "Cookies"

To allow all internet users optimal navigation on this website as well as better functioning of the various interfaces and applications, the publisher may place a cookie on the user's computer. This cookie stores information related to navigation on the site (date, page, time), as well as any data entered by internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the user's computer for a variable duration of up to 1 year and can be read and used by the publisher during a subsequent visit by the user to this website. 

The user has the option to block, modify the retention period, or delete this cookie via their browser's interface (generally: tools or options / privacy). In such cases, navigation on this website will not be optimized. If the systematic deactivation of cookies on the user's browser prevents them from using certain services or functionalities provided by the publisher, this malfunction cannot in any case constitute damage to the member, who cannot claim any compensation as a result. 

Internet users also have the option to delete previously present cookies on their computer by accessing their browser's menu designed for this purpose (generally, tools or options / privacy). Such an action does not affect their navigation on this website, but causes users to lose all the benefits provided by the cookie. In this case, they will have to re-enter all their information.

Rule #12 - Exemption of the Publisher's Liability in the Execution of This Contract

In case of inability to access the site due to technical or other issues, the customer cannot claim any damage and cannot seek any compensation. 

The unavailability, even if prolonged and without any time limit, of one or more products cannot constitute damage for internet users and cannot give rise to the granting of damages by the site or its publisher. 

The products are described and represented as accurately as possible. However, the visual, graphic, or photographic representations of the products published on this website are not contractual and cannot engage the seller's liability.
In particular, some presentations may show food items that are not necessarily part of the product's ingredients but are intended solely to suggest a presentation of the product.

Hyperlinks present on this website may lead to other websites, and the publisher of this website cannot be held responsible if the content of these sites contravenes current legislation. Similarly, the publisher of this website cannot be held responsible if the user's visit to any of these sites causes them any harm.

Rule #13 - Intellectual Property Rights Related to Elements Published on This Website

All elements constituting this website belong to the publisher and are therefore protected by intellectual property laws. 

Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, may result in legal proceedings against them by the publisher.

This protection covers all textual and graphic content of the site, as well as its structure, its name, and its graphic charter.

Rule #14 - Miscellaneous Clauses

These general conditions are subject to French law. 

These general conditions may be modified at any time by the website publisher or their representative. The general conditions applicable to the user are those in effect on the day of their order or their connection to this website. The publisher commits, of course, to retain all its former general conditions and to provide them to any user who requests them. 

Unless otherwise provided by law, all disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the publisher of the site for amicable settlement. It is expressly reminded that requests for amicable settlement do not suspend the deadlines opened to initiate legal actions. 

If one of the clauses of these general conditions is declared null by a court decision, this nullity shall not entail the nullity of all other clauses, which will continue to produce their effect. 

The publisher's failure to enforce one or more clauses of these general conditions, whether temporarily or permanently, will not in any case constitute a waiver of enforcing the remaining general conditions.