General Terms and Conditions of Sale – Domaine du Terme Gigondas
GENERAL TERMS AND CONDITIONS OF SALE – DOMAINE DU TERME GIGONDAS
Preliminary Article
The company SCEA ROLLAND GAUDIN (hereinafter referred to as “Domaine du Terme”) offers for sale bottles of wine from its own production (75 cl, 150 cl), as well as wines from the family estate, Domaine Riché, which is also managed by Anne-Marie Gaudin Riché.
To better meet its customers’ expectations, Domaine du Terme offers certain products for remote sale via its website (hereinafter referred to as the “Site”) for delivery within mainland France, including Corsica. For other countries, customers must contact Domaine du Terme directly.
The list of available items can be viewed on the Domaine du Terme website or directly at the Domaine du Terme cellar, located at: 192 Chemin du Terme, Domaine du Terme – 84190 Gigondas.
The distance selling system complies with the requirements of Articles L.111-1, L.112-1, and L.221-5 of the Consumer Code. These General Terms and Conditions of Sale apply to consumers acting on their own behalf who are of legal age, in accordance with French legislation regarding the sale of alcohol.
In accordance with Article L.3342-1 of the Public Health Code, the sale of alcohol to minors under the age of 18 is prohibited. By confirming their order, the customer certifies that they are of legal age. Proof of identity may be requested in case of doubt.
Excessive alcohol consumption is dangerous to health. Drink in moderation.
Article 1: Scope of Application
These General Terms and Conditions of Sale apply to all distance sales concluded via the Site for delivery within metropolitan France, including Corsica. The customer acknowledges having read these General Terms and Conditions of Sale prior to placing an order. Confirmation of the order constitutes acceptance of the General Terms and Conditions of Sale in force. For online sales, the customer is required to accept the General Terms and Conditions of Sale by checking the designated box or clicking a confirmation button. These General Terms and Conditions of Sale are subject to change at any time; however, only those in effect at the time the order is placed shall apply.
Article 2: Identification of the offeror
Products purchased via the Site are sold by: Le Domaine du Terme SCEA Rolland Gaudin. Address: 192 Chemin du Terme, 84190 Gigondas. VAT No.: FR77352741912.
Article 3: Product Information
All available product information can be viewed online and complies with the provisions of Articles L.111-1 and L.112-1 of the Consumer Code. The photographs, descriptions, and illustrations featured on the Site are for illustrative purposes only and are not binding on Domaine du Terme. For any further information, the customer may contact the Domaine du Terme office via email at contact@domaineduterme.fr.
Article 4: Orders
4.1 Orders via the Website
Orders are placed directly on the Website. A summary of the selected products is displayed in the “shopping cart.” In accordance with Article 1127-2 of the Civil Code, the customer may review their order and correct any errors prior to final confirmation. Domaine du Terme acknowledges receipt of the order by email without delay. However, the sale is not considered final until the shipment confirmation has been sent and payment has been received.
4.2 Commandes par téléphone ou email
Le client peut aussi passer commande par email pour l’achat de bouteilles. • Email : Le client doit envoyer sa commande à contact@domaineduterme.fr en précisant les produits souhaités et ses coordonnées. Un récapitulatif de commande sera envoyé pour confirmation.
4.3 Accepted payment methods
The available payment methods are: • Bank transfer: The customer will receive the bank details in the order summary. The order will be processed upon receipt of the transfer. • Credit/debit card directly on the Site. A confirmation email is sent once payment is received. Processing and delivery times are the same for orders placed online or via email.
4.4 Out-of-stock items and order refusal
In the event of an item being out of stock, Domaine du Terme may offer the customer a different vintage or an equivalent wine. Domaine du Terme may refuse an order that is abnormal or placed in bad faith, in accordance with Article L.121-11 of the Consumer Code.
Article 5: Prices
Prices are quoted in euros, inclusive of VAT but excluding shipping, packaging, or optional service charges. These charges are indicated prior to final order confirmation.
Article 6: Payment Terms and Retention of Title
Customer purchases may be paid for using the following methods: bank card, bank transfer, or Up2Pay. Accepted cards are: VISA, Mastercard, and AMEX. Payment by bank card: When payment is made by bank card, Domaine du Terme guarantees payment security by using a specific encryption system: 3D SECURE. The customer’s bank card is debited at the time the order is confirmed. To this end, when placing a remote order, the customer warrants to Domaine du Terme that they are the holder of the bank card and that the name appearing on the card to be debited is their own; they then provide—within a secure online environment—the sixteen-digit number and expiration date appearing on the front of the card, as well as the security code (CVV/CVC) appearing on the back of the card, where applicable. This information is stored confidentially and securely by Domaine du Terme. Payment via Up2Pay (remote payment): The customer may also opt for remote payment via Up2Pay, a secure payment solution offered by our payment service provider. This payment method allows the customer to pay online or remotely via a secure link sent by Domaine du Terme. Order processing begins upon receipt of payment confirmation via Up2Pay. Cash payment: Cash payment is accepted only for orders collected directly and in person at Domaine du Terme. Payment by check: Payment by check is accepted for remote orders subject to prior agreement with Domaine du Terme; in such cases, please call the Terme office directly at 06.71.63.91.53. Payment and anti-fraud checks: Should it prove impossible to debit the amounts owed by the customer for any reason (e.g., stop-payment order, refusal by the issuing bank), the purchase process will be cancelled. As part of anti-fraud measures designed to secure transactions, Domaine du Terme reserves the right to request that the customer provide proof of identity and/or proof of address via email before validating the order. The order will only be considered final upon receipt of these documents and the sending of a confirmation email by the Terme office. If the requested documents are not received, or if they do not clearly identify the person placing the order, Domaine du Terme reserves the right to decline the order. Retention of title: Domaine du Terme retains full ownership of the items purchased by the customer until the customer has fulfilled all obligations, specifically until full payment of the price, including any applicable interest, has been made. However, the transfer of risk occurs upon delivery of the goods to the customer.
Article 7: Delivery
7.1 Delivery Area
Deliveries are available in: • Metropolitan France (including Corsica). The customer must provide a valid delivery address; otherwise, any re-shipment costs will be at their expense.
7.2 Delivery time
The delivery date is indicated to the customer prior to order confirmation, in accordance with Article L.111-1 of the Consumer Code.
7.3 Casse durant l’expédition
Si des dommages sont constatés à la réception, le client doit refuser le colis en présence du Transporteur et informer le Domaine du Terme immédiatement. Le Domaine du Terme réexpédiera alors un nouveau colis sans frais supplémentaires.
Article 8: Right of withdrawal and return of items
8.1 Withdrawal process
In accordance with Article L.221-18 of the Consumer Code, the customer has a period of fourteen days from receipt of the products to exercise their right of withdrawal without having to provide a reason or pay any fees, other than return shipping costs. To do so, the customer must send a withdrawal form or an unequivocal statement to Scea Rolland Gaudin Domaine du Terme, 192 chemin du Terme, 84190 GIGONDAS, via registered mail with acknowledgment of receipt. After sending the withdrawal notice, the customer has an additional 14 days to return the products in their original packaging. Return costs are borne by the customer. Domaine du Terme will refund all sums paid within 14 days of receiving the withdrawal notice; however, this refund may be deferred until the products are received or proof of their shipment is provided. The refund will be made using the same payment method used by the customer, unless otherwise agreed between the parties.
8.2 Exceptions to the right of withdrawal
• Products must be returned intact, unopened, and in perfect condition. Products that have been unsealed, spoiled, or damaged will not be refunded.
• The right of withdrawal does not apply to orders for personalized or custom products (special formats, custom packaging).
• The right of withdrawal does not apply to sales of alcoholic beverages where delivery is deferred beyond 30 days and the value depends on market fluctuations (e.g., *en primeur* wines).
Article 9: Conformity and Statutory Warranties
Express waiver of the application of Article 1587 of the Civil Code
The customer must verify the conformity of the wines upon receipt. No returns are accepted without prior agreement. The buyer waives the application of Article 1587 of the Civil Code and accepts variations in the analytical specifications of the selected wines.
Statutory Warranties
Domaine du Terme is subject to statutory warranties regarding conformity and hidden defects for the products sold. In the event of non-conformity, the customer has a period of two years from the date of delivery to take action and may choose between repair or replacement of the product, subject to cost-related conditions. The customer is also exempt from proving the existence of the defect during the 12 months following delivery. The customer may also invoke the warranty against hidden defects pursuant to Article 1641 of the Civil Code. In the event of non-conformity, the customer may choose between a refund and an exchange, subject to the conditions set out in Article L.217-9 of the Consumer Code. The refund will be processed within 15 days.
Article 10: Complaints and inquiries
For any complaint or question regarding these General Terms and Conditions of Sale or the products, customers should contact the Domaine du Terme office at 06.71.63.91.53 or via email at contact@domaineduterme.fr, quoting their order number.
Article 11: Electronic files and data privacy
Domaine du Terme maintains an electronic file of personal data for the purpose of managing orders and commercial operations. In accordance with the “Data Protection Act” (Loi Informatique et Libertés) No. 78-17, the customer has the right to access, rectify, and delete their personal data. This right may be exercised by sending an email to contact@domaineduterme.fr. The customer may also register on the list of individuals opposed to telephone solicitation, in accordance with Article L.223-2 of the Consumer Code.
Article 12: Cookie Management
The Website uses cookies to optimize and personalize the user experience. The customer may disable cookies at any time via their browser settings; however, doing so may limit certain site functionalities. Procedures for disabling cookies on major browsers (Chrome, Firefox, Internet Explorer, Safari) are outlined.
Article 13: Intellectual Property Rights
All elements of the Website are the exclusive property of Domaine du Terme. Any reproduction or use—whether in whole or in part—of the content (text, graphics, images, databases, etc.) is prohibited without the express authorization of the rights holder. Only strictly personal use is permitted. Any other reproduction or use is prohibited without prior agreement.
Article 14: Force Majeure
In the event of force majeure (war, riots, strikes, epidemics, etc.), the performance of Domaine du Terme’s obligations shall be suspended. If this suspension lasts longer than 15 days, the client may cancel the current order and obtain a refund.
Article 15: Disputes, applicable law, mediation, and competent jurisdiction
These General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the customer may submit a written complaint to Domaine du Terme SCEA Rolland Gaudin via registered mail. If no response is received within two months, the customer may refer the matter to a mediator. Should mediation fail, the French courts shall have jurisdiction.
