General terms and conditions of sale.
Every order is subject to our general terms and conditions of sale. Orders are only confirmed after acceptance by us.
Wines are available for delivery until stock depletion. You can choose which wines to include in the order, with the possibility of combining different vintages.
Our packages leave our warehouse in perfect condition. Upon arrival, it is your responsibility to check the status of the shipment, especially the number of boxes, their outer appearance, and weight. Any missing, damaged, or broken items must be reported to the carrier and the buyer, and noted on the delivery document. Only accept the delivery “WITH RESERVATION,” then report the damage to the carrier within 3 working days by sending a copy of the registered letter with notification of receipt to us. We will contact you to repair the damage.
The goods delivered remain our property until full payment of the price.
Wine is a living product. Products must be stored in a dry, odor-free room at a temperature not exceeding 20°C (ideally below 18°C), with bottles laid horizontally.
Preamble
The website www.domainedeole.com is operated by the company EARL Domaine d’Éole, a Limited Liability Farming Company with a capital of € 152,450.00, registered office located at Quartier de Bouqueirol, Coussous Ouest & Grand Hubac – 13810 Eygalières, registered with the Trade and Companies Register of Tarascon under number 389 846 528, whose intra-community VAT number is FR 23 389 846 528, also referred to as “Domaine d’Éole” for the purposes of these General Terms and Conditions of Sale. Domaine d’Éole can be contacted by e-mail at domaine@domainedeole.com, or by phone at 04.90.95.93.70 (cost of a local call from a landline).
The website https://www.domainedeole.com/ is open to professionals and public persons (hereinafter “Professional Client(s)”) and to non-professionals or adult consumers (hereinafter “Individual(s)”) and for common provisions that can be called without distinction “the Buyer”. Domaine d’Éole reserves the right to verify the accuracy of the information transmitted by the Buyer. These General Terms and Conditions of Sale, also referred to as the “GTC” or “General Terms and Conditions of Sale” or “these Terms”, govern commercial relationships between Domaine d’Éole, operator of the website www.domainedeole.com, also known as “the Seller”, and its Professional Clients or Individual Clients. The placing of an order on the website www.domainedeole.com automatically and fully entails the Professional or Individual Client’s acceptance of these General Terms and Conditions of Sale, which prevail over all provisions contained in other documents and communication media (brochures, catalogs, etc.) issued by Domaine d’Éole, which have only indicative value.
Scope of application
These terms apply to any order placed: 1) on the website at www.domainedeole.com (the General Terms and Conditions of Sale must be expressly validated by the buyer through a checkbox during the order validation process. They are also available on the homepage of the website) 2) by telephone at 04.90.95.93.70 (the price of a local call from a landline) from 10:00 to 12:30 and 14:30 to 18:00 Monday to Friday excluding holidays (the General Terms and Conditions of Sale will be orally validated by the sales representative taking the order), and 3) via email at domaine@domainedeole.com (the General Terms and Conditions of Sale will be considered accepted once the buyer sends the order by email). For any order placed on the website, the General Terms and Conditions of Sale can be downloaded in PDF format from the homepage of the website. For any order placed via email or telephone, the General Terms and Conditions of Sale will be sent on a durable medium with the order confirmation email from Domaine d’Éole.
Definitions
The following terms, as used in these Terms, whether in singular or plural form, shall have the meanings set forth below: “Wine” refers to all wines sold by Domaine d’Éole, “Oil” refers to all oils and olive-derived products sold by Domaine d’Éole, “Product(s)” refers indiscriminately to all wines and oils sold by Domaine d’Éole, and “Order” means any order of Products by the Buyer, provided it has been accepted by Domaine d’Éole in accordance with the provisions of these General Terms and Conditions of Sale.
Products informations
Under article L111.1 of the Consumer Code, the product information provided allows both individual customers and professional clients to obtain the essential characteristics of a product prior to placing an order.
Orders
Product offers are subject to availability. The buyer must order at least one (1) product to validate their order with Le Domaine d’Éole. Orders can be placed by the buyer either online at the website https://www.domainedeole.com using the following ordering process: adding item(s) to the cart, updating the cart (adding, modifying quantities, deleting), then clicking on “Complete my order,” choosing the delivery address, calculating shipping costs, choosing the method of payment, and validating the order; or by phone at 04.90.95.93.70 or by email at domaine@domainedeole.com. Any order placed by the buyer is final and cannot be modified without the express prior agreement of Le Domaine d’Éole, except for the right of withdrawal applicable only to individuals. The buyer cannot in any case transfer the benefit of an order without the prior written consent of Le Domaine d’Éole. The seller recommends that the buyer keep a record of the data relating to their order on a durable medium.
Prices
All prices advertised by Le Domaine d’Éole, regardless of the communication medium, are in euros including VAT applicable on the day of ordering. The prices applied to the order are those in effect on the day of the order. The prices of the products do not include shipping costs. Prices including all taxes (VAT) are indicated on the website.
Billing conditions
The amount indicated in the Order confirmation from the website www.domainedeole.com is payable in cash by credit card (via PayPal), check, or SEPA transfer. Orders placed by phone are payable in advance by SEPA transfer to the bank account of Domaine d’Éole, or by credit card, or by check. The Order will be processed upon receipt of payment in the bank account of Domaine d’Éole. No discount is granted for early payment. Any deferred payment requires the prior written consent of Domaine d’Éole. In the case of an SEPA transfer, Domaine d’Éole will provide the Buyer with an RIB containing their IBAN and BIC numbers. The Buyer is responsible for reimbursing all bank fees charged to them in the event of cancellation of an SEPA transfer by the Buyer.
Force majeure
The responsibility of Domaine d’Éole cannot be engaged if the non-performance or delay in the performance of any of its obligations, described herein, results directly or indirectly from a case of force majeure. Force majeure is understood to mean any unforeseeable and irresistible event, both in its occurrence (inevitable) and in its effects (insurmountable).
In accordance with Article 1218 of the Civil Code, if the impediment is temporary, the performance of the obligation is suspended when the force majeure does not exceed one (1) month. When the force majeure lasts more than one (1) month, the Buyer and Domaine d’Éole will meet to determine together the appropriate measures for this situation. The more diligent party will notify the other party by registered letter with acknowledgment of receipt.
In the absence of an agreement between the Buyer and Domaine d’Éole within one (1) month from the date of receipt of the notification or if the impediment is permanent, the more diligent party may terminate the commercial relationship by registered letter with acknowledgment of receipt with immediate effect from the receipt of said letter. In the event of force majeure, the Buyer cannot claim any compensation.
Transfer of risks
In accordance with Article L.138-4 of the Consumer Code, any risk of loss or damage to the Products is transferred to the Buyer at the moment when the latter, or a third party designated by him, physically takes possession of them.
The Products are delivered to the delivery address indicated by the Buyer at the time of placing the Order.
Shipping
Deliveries are made to the address specified during the Order. The delivery times mentioned above are confirmed to the Buyer before the validation of their Order. The displayed times are in business days and hours, excluding Saturdays, Sundays, and public holidays.
The maximum delivery time is thirty (30) business days from the validation of the Order by Domaine d’Éole, unless a specific stipulation is indicated to the Buyer before placing the Order and prior to its final validation. Delivery times start from the receipt of payment by the Seller.
In the event of exceeding the specified deadline, and in accordance with Article L.216-2 of the Consumer Code, the Consumer may request the automatic cancellation of their Order and obtain a refund, without any compensation being required.
The Seller only delivers to Metropolitan France (excluding Corsica), Germany, the Netherlands, and Austria. Orders are shipped by the postal services, the Seller’s logistics service, or a carrier depending on the delivery location, the type of Products (Oil or Wine), and the quantities ordered.
Shipping costs are detailed here.
For any delivery to Corsica, abroad, or in the overseas departments and territories (DOM-TOM), the Buyer is invited to contact Domaine d’Éole (by email at the following address: domaine@domainedeole.com or by phone at the following number: 04.90.95.93.70) to find out the amount of shipping costs.
Right of cancellation
In accordance with Article L.221-18 of the Consumer Code, the Consumer has a period of fourteen (14) clear days, from the receipt of the Product by the Consumer or a third party designated by them, to exercise their right of withdrawal, without having to justify reasons or pay penalties.
In the case of an Order delivered in several installments, the above-mentioned period to exercise the right of withdrawal starts from the date of receipt of the last Product.
The Seller recommends that the Consumer wishing to exercise their right of withdrawal inform the Customer Service of Domaine d’Éole as soon as possible, which will provide them with the procedures for exercising the right of withdrawal.
This right of withdrawal can be exercised in the following ways:
1. By completing the form attached herewith. The Seller will send the Consumer an acknowledgment of receipt to the email address provided in their order.
2. By email to the following address: domaine@domainedeole.com or by mail to the following address: Domaine d’Éole – RD 24 – Route de Mouriès – Chemin des Pilons – 13810 Eygalières, the duly completed withdrawal form, included in the order confirmation email for orders by fax and phone.
3. By sending the request on plain paper or by email to the above-mentioned contact details. This request must be unambiguous. The Seller recommends that the Consumer use the form provided.
4. By contacting the Customer Service of Domaine d’Éole at the following number: 04.90.95.93.70 (local call cost from a landline). The Seller will confirm to the Consumer the acknowledgment of their withdrawal to the email address provided in the registration form or by mail.
In accordance with the provisions of Article L.221-23 of the Consumer Code, the Consumer must return the Product no later than fourteen (14) days following the communication of their decision to withdraw.
The return of the Product must be made in its original packaging and in good condition, accompanied by all possible accessories and documentation.
The Product must be returned to the following address: Domaine d’Éole – RD 24 – Route de Mouriès – Chemin des Pilons – 13810 Eygalières.
The return costs are the responsibility of the Consumer, and the transportation of the returned Products is also at the expense of the Consumer.
In the event that, due to its nature, the Product cannot be returned by post, the Seller will, at its expense, arrange for the Product to be picked up at the delivery address provided by the Consumer. The Seller will communicate the pick-up date to the Consumer as soon as it becomes known.
The Seller refunds the amount of the Product subject to the retraction, including standard delivery costs, excluding additional costs resulting from options chosen by the Consumer, using the same means of payment as the initial transaction, unless the Seller and the Consumer agree on another method of refund.
The Seller processes the refund within fourteen (14) days from the date of receipt of the retraction form. In accordance with Article L.221-24 of the Consumer Code, the Seller reserves the right to defer the refund until the Product is received.
In accordance with Article L.221-28 of the Consumer Code, the right of retraction cannot be exercised for:
Wine or Oil whose delivery is deferred beyond thirty (30) days and whose agreed value at the conclusion of the contract depends on market fluctuations beyond the control of Le Domaine d’Éole,
The bottle of Wine or Oil that has been opened by the Consumer after delivery and cannot be returned for reasons of hygiene or health protection.
All information regarding the right of retraction reserved for the Consumer is freely accessible on the website of the European Consumer Centre. It is provided to the Consumer in the order confirmation email for any order by phone and by email.
Bottles with Cork Defects
The responsibility in case of corked bottles lies with Domaine d’Eole. In the event of a corky taste, the procedure is as follows: please return the bottle (full or nearly full) and its original cork with an accompanying letter stating the purchase from our company. Upon receipt, we will assess the validity of the request and decide whether or not to replace the bottle. Upon receiving the response, we will inform you, and in the event of a positive decision, we will proceed with the replacement.
Data Protection and Privacy
The Domaine d’Éole collects personal data from the Buyer to process orders. The Buyer must necessarily provide the following personal data: first name, last name, email address, phone number, postal address. This personal data is recorded and stored in a computer file by Le Domaine d’Éole.
Most of the information collected about the Buyer is kept for the duration necessary to ensure the exercise or defense of legal actions. Domaine d’Éole ensures that only strictly necessary personal data is collected in light of the purposes mentioned above.
Personal data is not transferred outside the administrative records of Domaine d’Éole. Personal data is only retained for the duration necessary for the operations for which it was collected, in compliance with applicable regulations. In accordance with Regulation (EU) 2016/679 and Law No. 78/17 of January 6, 1978, relating to Data Protection, as amended by Law No. 2004-81 of August 6, 2004, and Law No. 2018-493 of June 20, 2018, the Buyer has the right of access, modification, rectification, opposition, portability, erasure, and limitation of processing, subject to the conditions set by the aforementioned regulations. This right can be exercised by writing to the following address:
FIDUCIAL – Legal Department – CNIL Management – 38 rue Sergent Michel Berthet – CS 50614 – 69258 Lyon cedex 09 or by email at the following address: gestion.cnil@fiducial.fr.
Protection of Minors
According to Article L.3342-1 of the Public Health Code, the sale of Products is exclusively reserved for adults. The individual undertakes, at the time of placing the Order, to be at least 18 years old.
Alcohol abuse
Alcohol abuse is harmful to health, consume in moderation.
Consuming alcohol during pregnancy can cause the full range of disorders associated with fetal alcohol exposure.
Intellectual Property
The content, visuals (photos, illustrations, logos, animations, etc.), and any other elements comprising this website are the exclusive property of the Seller or its partners.
Any total or partial representation of this site, without the prior express written permission of the Seller, is strictly prohibited under the provisions of the Intellectual Property Code.
Archiving - Evidence
The Seller will archive the purchase orders and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
The Seller’s computerized records will be considered by the parties as evidence of communications, orders, payments, and transactions between the parties.
The Buyer has access to the archived contract (Purchase Order and General Terms of Sale) by writing to the following address: Domaine d’Eole – Route de Mouriès – Chemin des Pilons – 13810 Eygalières.
The applicable law – Competent courts
These General Terms and Conditions of Sale are subject to French law.
In the absence of an amicable agreement, any disputes relating to the execution or interpretation of these General Terms and Conditions of Sale or any Order in general shall be under the exclusive jurisdiction of the competent courts.
Model Withdrawal Form Reserved Exclusively for the Individual
(Please complete and return this form only if you wish to withdraw from the contract/order. Information regarding the right of withdrawal is available on the website of the European Consumer Centre).
To the attention of Domaine d’Éole – RD 24 – Route de Mouriès – Chemin des Pilons – 13810 Eygalières or by email at the following address: domaine@domainedeole.com.
I hereby notify you of my withdrawal from the contract for the sale of the following Product:
Customer Name: …………………………………………………………………………………………………………………
Order Number: …………………………………………………………………………………………………………………
Product Concerned: …………………………………………………………………………………………………………
Order Date: ……………………………………………………………………………………………………………………
Order Received on: …………………………………………………………………………………………………………
Consumer’s Name and Surname: ………………………………………………………………………………………
Consumer’s Address: ………………………………………………………………………………………………………
Date: ……………………………………….
Consumer’s Signature:
