Terms and conditions of sale

Article 1 – Purpose

The company EARL Domaine Rémi et Robert NIERO, SIRET 478 732 597 00016, whose registered office is located at 3 impasse du Pressoir, 69420 CONDRIEU and whose individual VAT identification number is FR89478732597 (hereinafter the “Seller”), offers bottles of wine for sale, as well as dematerialized products on the website www.vins-niero.com (hereinafter the “Site”), to any person (hereinafter the “Buyer”).

Customer Service can be reached by telephone on 04 74 56 86 99 (price of a local landline call), by post at the following address: Domaine Niero, 3 Impasse du Pressoir, 69420 CONDRIEU, and by e-mail at domaine@vins-niero.com.

These General Terms and Conditions of Sale (“GTCS”) govern all relations between the Seller and the Buyer, who is of legal age to purchase alcoholic beverages. The purchase of products (as defined in article 2 hereof) for resale is prohibited. In France, minors under the age of 18 may not purchase products from the Site, as the sale of alcoholic beverages to minors under the age of 18 is prohibited under article L.3342-1 of the French public health code.

The GCS apply to all orders placed by the Buyer, to the exclusion of any other conditions and any other documents such as prospectuses, press, catalogs or e-mailing issued by the Seller, which are only indicative.

The Buyer acknowledges that he/she has read and accepted the Terms and Conditions of Sale in their entirety by validating his/her order and checking the box “By proceeding to payment, you definitively validate your order, you accept our Terms and Conditions of Sale in their entirety, and you certify on your honour that you are of legal age to purchase alcohol”. The Vendor reserves the right to modify the GCS at any time and without prior notice. The GCS applicable are those in force on the day of the order.

Article 2 – Description of Products

The Vendor offers different ranges of wines for sale (hereinafter the “Products”). A list of Products appears on the Site and is accessible in the “wine list” section.

Article 3 – Ordering

3.1 Registration

Before placing an order, the Buyer may register online by completing the appropriate form. To this end, it communicates the following information, it being specified that this list is not exhaustive and may be modified by the Seller:

• Last name / First name
• Invoice and/or delivery address, if different
• Phone number
• Email address (login)

The Buyer undertakes to provide accurate, complete and up-to-date information. The Buyer is the only person authorized to use the identifier and password that he/she has chosen and shall take all necessary measures to maintain confidentiality.

In particular, the Buyer undertakes to inform the Seller of any unauthorized use of his account or any breach of the security of his account. This notification, together with the Buyer’s order or account number, must be sent to the Seller by e-mail to the following address: domaine@vins-niero.com

3.2 Placing an order

For any order of Products, it is proceeded in the following way and the Buyer :

• connects to the Site,
• registers under the conditions described above or fills in the identification form on which the Buyer indicates all the details listed in article 3.1 above,
• selects the desired Product, which is listed in the “Shopping Cart” in the top right-hand corner,
• is aware of its right of withdrawal in accordance with article 3.1 of the GTCS
• validates the Product(s) and clicks on the “Validate and pay the order” button,
• ticks the box confirming the order and accepts the “General Terms and Conditions” in their entirety without reservation by ticking the box “By proceeding to payment, you definitively validate your order, accept all of our general terms and conditions of sale and certify on your honour that you are of legal age to purchase alcoholic beverages”,
• enter the delivery address and, if different, the billing address,
• chooses the delivery method as described in article 6 of the present contract,
• is informed of the various duties and taxes applicable to the transaction, which are added to the price excluding tax of the Product appearing on the Site for any order placed for Switzerland or the United States,
• validates the order after checking it and being informed of the payment to be made,
• validate payment by credit card (Carte Bleue, Visa, Mastercard, Paypal),
• makes payment in accordance with the conditions laid down,
• confirms the order and payment,
• is informed that he/she will receive confirmation of the order by e-mail only.

Up to the “Payment” stage, the Buyer can modify his order by clicking on the “Basket” icon in the top right-hand corner.

The final acceptance is thus made by the confirmation of the seizure of the banking co-ordinates (number of bank card, expiration date and cryptogram).

3.3 Order confirmation

A confirmation of the order is presented on the Site after its final acceptance by the Buyer. The order confirmation includes a summary of the contents of the order, the number, date and time of the order, the means of payment used, the detailed amount of the order, and the Purchaser’s billing and delivery addresses.

Confirmation of the order is sent to the Buyer at the same time by e-mail.

3.4 Right of withdrawal – Consumer buyer only

In accordance with Article L.121-21 of the French Consumer Code, the Buyer may, within fourteen (14) days of receipt of the Products, exercise his/her right of withdrawal by notifying his/her wish to withdraw under the conditions described below. Withdrawal can be made :
– either by telephoning the following number: 0474568699 (price of a fixed local call), during Customer Service opening hours, every working day, from 8:30am to 12:00pm and 2:00pm to 5:00pm – or by returning the [cliquer ici pour télécharger le formulaire] retraction form duly completed and signed to the following address:
Domaine Niero, 3 Impasse du Pressoir, 69420 CONDRIEU

Products must be returned in their original packaging, in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be (re)marketed as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned. The method of transport chosen by the Buyer to return the Products must be similar to that used by the Seller to deliver the Products. If the right of withdrawal is exercised within the aforementioned period, only the price of the product(s) purchased and the delivery costs will be reimbursed: the cost of returning the product(s) will be borne by the Purchaser.

The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Vendor of the Products returned by the Buyer under the conditions set out in this article.

3.5 Order modification

The Buyer may request to change the billing address and delivery address, provided that this request is made no later than the day following the date of order confirmation, by contacting Customer Service by telephone at 0474568699 (price of a fixed local call) during Customer Service opening hours,

3.7 Product availability

When placing an order, the Vendor undertakes to make every effort to provide the Purchaser with information concerning the availability of the various Products.
In the event of temporary unavailability of Products revealed after the order has been placed, the Buyer will be informed of this as soon as possible by e-mail and will be informed of the additional delivery time, if any.

3.8 Order archiving

Each order is archived by the Vendor for a period of one year from the last delivery. At any time, the Buyer may access the details of his past orders by sending an e-mail to Customer Service at the following address: domaine@vins-niero.com

3.9 Proof agreement

Toutes données et fichiers informatiques ou numériques enregistrés sur l’infrastructure informatique du Site feront foi entre le Vendeur et l’Acheteur pour la preuve des faits auxquels ils se rapportent.

Article 4 – Prices

4.1 Prices are quoted in euros.

All taxes and delivery charges included for metropolitan France.
Product delivery charges are set out in article 6.1.2 below.
Avant de valider la commande, l’Acheteur est informé du prix de transport et du total du prix à payer (comprenant le cas échéant la TVA, les taxes et les frais de transport).

4.2 The Vendor may modify its prices at any time.

However, the price shown on the Site on the day the order is validated is the only one applicable.

4.3 Price differences between the Property store and the Site may exist.

The reason for this is the existence of two very distinct competitive realities, and the need to take account of order preparation and delivery.

Article 5 – Payment

5.1 The price is due and collected in full upon validation of the order. Payments are made online by credit card (Carte Bleue, Visa, Mastercard or Paypal). The price is debited as soon as the order is validated (after the bank details have been entered).

5.2 In the event of incomplete or non-existent payment of the price, for a reason attributable to the Buyer, the order will be automatically cancelled and any costs arising therefrom will be borne by the Buyer, without prejudice to any damages.

5.3 The Buyer is informed and agrees that the invoice corresponding to his/her purchase will be sent to him/her with the Products upon delivery.n.

Article 6 – Delivery

6.1 Delivery

The Buyer may, at his option :
– have the Products delivered to the address of his choice;
– have the Products delivered to the address of his choice;

6.1.1 Delivery terms and deadlines

In the case of home delivery, Products are delivered to the address indicated by the Purchaser when placing the order. The delivery address may be different from the billing address. The shipping method varies according to delivery location and mode of transport, as shown in the table below:
Country
Delivery mode
Shipping time from order confirmation
France – Carrier – Ten (10) working days

The Vendor shall use its best efforts to dispatch the Products ordered within the time limits specified above. However, these delivery times are given as an indication only.tif. In the event of a significant delay in shipment known to the Vendor, the Buyer will be informed as soon as possible by e-mail and, where appropriate, will be informed of the additional shipment period.
Should the delay be an essential condition for the Buyer, the latter may contact Customer Service by telephone at 0474568699 (price of a local fixed-line call) or by e-mail at domaine@vins-niero.com during the aforementioned Customer Service opening hours.

Products delivered and invoiced to the Buyer remain the property of the Seller until full payment has been received. Failure to pay may result in the Seller reclaiming the Products. The above provisions do not prevent the transfer to the Buyer of the risks of loss or deterioration of the Products, as well as any damage they may cause, from the time of delivery.

In the event of weather conditions having a negative impact on the condition of the products (e.g. extreme heat, extreme cold), the Seller reserves the right to postpone delivery of the Products ordered. The Buyer will be informed of this as soon as possible by e-mail and will be informed of any additional delivery time.e.

6.1.2 Delivery charges

Delivery is free for all orders within metropolitan France.

For international shipments, additional transport, delivery or postage costs (to which must be added any other costs borne by the seller), of which the customer has been informed prior to placing the order, are set out on the order form. Shipping costs include the cost of preparing and packing the order and the cost of postage. They are all-inclusive and may be modified for each sale. Their cost :
– vary according to the type of transport
– are, in any case, the responsibility of the Buyer,
– are specified when the order is placed, before it is validated by the Buyer.

6.1.3 Returns and exchanges

The Vendor undertakes to reimburse the Buyer in the event that the Products are visibly damaged before unpacking or do not conform to the order, under the following conditions :

The return of Products by the Buyer shall be made, at the Buyer’s expense, to the address indicated above. The Vendor will only reimburse the cost of returns if he has previously acknowledged that he is responsible for the non-conformity with the order.

6.2 Withdrawal from the Property

By choosing the “Collection at the Property” option, the Buyer undertakes to collect his order directly from Domaine Niero, 3 Impasse du Pressoir, 69420 CONDRIEU, during the cellar’s opening hours.

The Products are made available to the Purchaser at the Domaine’s aforementioned address for a period of one (1) month from receipt by the Purchaser of the e-mail confirming the availability of the Products, which is sent to the Purchaser within three (3) working days of confirmation of the order sent to the Purchaser.

If, at the end of this period, the Buyer has not come to collect the order, the Vendor will cancel it outright.

Article 7 – Responsibility

7.1 The Vendor cannot be held liable if the non-performance or delay in performance of an obligation results from a case of force majeure (particularly in the event of natural disasters, fire, internal or external strikes, internal or external failures or breakdowns) or from an unforeseeable and insurmountable act of a third party.

7.2 The Vendor cannot be held responsible for any errors in the choice of Products made by the Buyer when placing the order.

7.3 The Products are packaged in suitable packaging to limit the risk of breakage. The Buyer must nevertheless unpack with care, prudence and attention to detail, as the Seller cannot be held responsible for breakage resulting from the opening of the packaging.

7.4 The Products and their characteristics are described and represented as best as possible on the Site. However, it cannot be ruled out that there may be slight differences in typography, size, color and proportion between the reproduction of the Products on the Site and the Products delivered. In such cases, the Seller cannot be held liable.

7.5 The Vendor is only bound by an obligation of means with regard to the operation and continuity of the Site. Consequently, the Vendor may not be held liable for any damage resulting from the use of the Site or the Internet network, such as loss of data, intrusion, viruses, access speeds to the Site from other Internet sites, opening and consultation speeds of Site pages, external slowdowns, suspension or inaccessibility of the Site, fraudulent use by third parties of any information made available on the Site, breakdowns and technical problems concerning hardware, programs or software which may, where appropriate, lead to the suspension or termination of the Site, or if the Site proves incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Purchaser, or other problems beyond its control.

7.6 The Site may contain hypertext links to other Internet sites. The Seller makes no commitment concerning any other Internet site to which the Buyer may have access via the Site and is in no way responsible for the content, operation and access to these sites.

7.7 The Buyer is solely responsible for its use of the Site and the Products and shall not hold the Seller liable for any claims and/or proceedings made against it. The Customer undertakes to deal personally with any claim and/or proceedings brought against the Vendor in connection with its use of the service.

Article 8 – Intellectual property

8.1 The Site and all its components (texts, photographs, images, data, etc.) are protected by intellectual property rights which are and remain the exclusive property of the Seller.

8.2 The names, logos and trademarks Domaine Niero , whose registered office is located at 3 Impasse du Pressoir, 69420 CONDRIEU, .any reproduction, distribution or use of any element of the Site or the names, logos and trademarks Domaine Jean Baptiste Sénat are strictly prohibited, under penalty of infringement.

Article 9 – Personal data

9.1 Creator of personal data processing
The Vendor records and uses the personal data communicated by the Site’s Buyers and generated when an order is placed.

9.2 Personal data subject to processing
The personal data subject to processing is that which is requested from and communicated by the Buyer when placing orders, as well as order numbers (hereinafter referred to as “Personal Data”).

Personal data that must be disclosed is marked with a black asterisk. Failure to provide personal data identified as mandatory will prevent orders from being placed.

The personal data processed also includes data obtained automatically when Customers connect to and browse the Site, in particular the IP address of their terminal, and/or via computer files stored on their terminal, commonly known as “cookies” (hereinafter referred to as “Technical Data”).
The Buyer has the option of configuring his browser to delete cookies already installed on his terminal, to be asked to accept or refuse the installation of cookies on a case-by-case basis, or to automatically accept or refuse all cookies for certain sites or for all sites. However, refusing to use cookies may prevent certain site functions from working.

Cookie management settings vary from browser to browser.

9.3 Purposes of processing Personal Data

The Vendor processes Personal Data for the purposes of managing orders placed on the Site and deliveries of Products ordered.
Subject to obtaining the buyer’s prior and express consent, the seller may collect and use the buyer’s personal data for mailing purposes;
After the collection of personal data for mailing purposes :

– the purchaser has the right to object, free of charge, to his/her data being used for prospecting purposes, in particular for commercial purposes, by sending an e-mail to the following address: domaine@vins-niero.com

– messages sent for the purposes of direct marketing, by means of automatic calling machines, fax machines and electronic mail, must include contact details enabling customers to request that they no longer receive such solicitations.
The seller processes technical data for the purpose of optimizing and personalizing the buyer’s browsing experience on the Site.

9.4 Recipients of personal data

The Personal Data and Technical Data collected are reserved for use by the Vendor and its co-contractors involved in the placing or execution of orders (Vendor’s partners, payment service providers, carriers, etc.).

9.5 Retention period for personal data

The Vendor retains Personal Data for as long as is necessary for the purposes described in article 9.3 above.
As an exception, the Vendor saves personal data relating to the Buyer’s payment method for the time necessary to complete the transaction and to reimburse the Buyer in the event of the return of products covered by the Vendor’s general terms and conditions of sale.

The Seller archives the Personal Data necessary for the exercise of a right and for the proof of this right for the duration of the applicable prescription periods or by virtue of the legal obligations to which it is subject. To this end, the Vendor archives the personal Data relating to the Buyer’s means of payment for a period of thirteen (13) months, for evidentiary purposes, in the event that the transaction is contested. The Vendor also archives Personal Data relating to the contract concluded with the Buyer for a period of 10 years from the delivery of the products, in accordance with article L. 134-2 of the French Consumer Code.

9.6 Rights of access, rectification and opposition

In accordance with the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, on the protection of individuals with regard to the processing of personal data, the Buyer has the right to access, modify and delete data concerning him or her, which he or she may exercise at any time by sending an e-mail to the Seller at the following address: domaine@vins-niero.com, providing proof of identity.

The Buyer may also object to the processing of data concerning him/her for legitimate reasons, in accordance with the same procedures as above.

9.7 Security of personal data

The Vendor uses current means to preserve the confidentiality and security of Buyers’ Personal Data and Technical Data.
Buyers’ Personal Data and Technical Data are processed by the Seller and its co-contractors on French territory.

9.8 Declaration of personal data processing

The Seller declared the above processing of Personal Data and Technical Data on July 8, 2015 to the CNIL, which registered it under number 1873888.

Article 10 – Legal warranties

10.1 The Buyer benefits from the legal guarantee of conformity in accordance with Articles L.211-4 et seq. of the French Consumer Code and the guarantee against hidden defects in accordance with Articles 1641 et seq. of the French Civil Code.

10.2 In the event of non-conformity of a Product, it may be returned to the Vendor for exchange or reimbursement, subject to the cost conditions set out in Article L. 211-9 of the French Consumer Code. Any claim, request for exchange or refund must be addressed to Customer Service within two years of delivery of the product. After this time, no claims will be accepted. If the Buyer’s complaint is accepted, Customer Service will contact the Buyer to exchange the Products or issue a refund.

10.3 If the Buyer decides to invoke the warranty against hidden defects in the Product as defined in Article 1641 of the French Civil Code, he may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.

Article 11 – Questions and complaints

For any information on the status of the order, for any complaint (deterioration or non-conformity of the Products to the order), the Customer Service is at the disposal of the Buyer :
– by telephone at 0474568699 (price of a local call from a landline). This service is open every working day, from 8:30am to 12:00pm and from 2:00pm to 5:00pm.
– by e-mail to the following address: domaine@vins-niero.com
– by post to the following address Domaine Niero, 3 Impasse du Pressoir, 69420 CONDRIEU

Article 12 – Dispute resolution

Sales on the Site and relations between the Buyer and the Seller are subject to French law. The parties agree to seek an amicable solution to any dispute relating to the interpretation or execution of these GTS, by referring the matter to Customer Services. Failing amicable settlement, the dispute will be submitted to the French courts.