Terms and conditions of sale
Access to and use of our website ‘tonnellerie-navarre.fr’ are governed by these terms and conditions of use. Access to and use of this website, as well as the purchase of products, presuppose that you have read, understood and accepted these general terms and conditions of sale.
Tonnellerie-navarre.fr is the online store of the company Tonnellerie d’Art Navarre.
These general terms and conditions of sale and the specific terms and conditions of sale applicable to each of the items offered on the tonnellerie-navarre.fr website (hereinafter ‘the Website’) govern, without restriction or reservation, the relationship between Tonnellerie d’Art Navarre (a sole proprietorship with its registered office at 142 rue de Boutiers, 16100 Cognac, registered in the Trade and Companies Register on 30 March 2018 under number 838 540 672 R.C.S Angoulême, and its customers on the Website, to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.
ARTICLE 1. ACCEPTANCE
Please read these terms and conditions carefully before placing an order on the Website.
By placing an order on the Website or mobile application and confirming the order, the customer fully and unreservedly accepts these Terms and Conditions, which shall be the only terms and conditions applicable to the contract that follows. Tonnellerie d’Art Navarre reserves the right to modify all or part of these Terms and Conditions at any time.
These Terms and Conditions govern the contractual relationship between the Website and you.
ARTICLE 2. ORDERING
2.1 Products
The products offered to the customer are those listed in the catalogue published on the website or mobile application, subject to availability and the proper functioning of the website or mobile application.
2.1. Each product is presented with a photograph and a description provided by the Website. The descriptions are intended to present the essential characteristics of the products to the customer before the final order is placed and cannot under any circumstances engage the responsibility of the Website. The photographs of the products are provided for information purposes only and are not contractual.
2.2. Ordering and confirmation
Placing an order on the website and mobile application requires the creation of a customer account by entering two identifiers: an email address and a password. These identifiers are and must be kept confidential. The customer may request access to their identifiers by contacting the website’s online customer service department, which will respond only by email to the address used when creating the customer account.
To place an order, the customer undertakes to fill in the details of their order accurately and thoroughly. As such, they undertake to fill in all the sections necessary for the proper processing of their order:
Choice of product(s)
Choice of billing address
Choice of delivery address (for home delivery or courier delivery)
Payment for the order in accordance with the terms and conditions
2.3. The Website will confirm the order and its payment:
On the website or mobile application, following payment
By email, to the email address provided by the customer
ARTICLE 3: RATES
3.1. For sales: our prices include all taxes, excluding delivery and insurance.
3.2. Delivery costs are extra. Delivery rates depend on the destination, weight and volume of the parcel. For more information on these rates, please contact us.
3.3. Total or partial cancellation
Total or partial cancellation of an order will be invoiced at a minimum of half the order amount, but never less than the costs already incurred at the time of cancellation. If cancellation occurs less than 72 hours before the sale or service, the cancelled portion will be payable by the customer placing the order and invoiced in full.
ARTICLE 4. RULES AND REGULATIONS
4.1. Payment for products is made by VISA or MASTERCARD credit card, online via the website or mobile application, using the secure payment system of the website’s banking institution. Credit card payments are validated immediately.
ARTICLE 5. PRODUCT UNAVAILABILITY
5.1 The availability of products and services is given on the website for information purposes only. It only becomes definitive upon confirmation of the order. The Website cannot be held responsible for the unavailability of a product for delivery, provided that the customer was informed of this prior to the delivery of their order.
5.2. The products on the Website are handcrafted and are sometimes available in limited quantities. For all intents and purposes, it is important to note that orders placed may be subject to the risk of stock shortages.
ARTICLE 6. DELIVERY OF PRODUCTS
6.1. Preparation and delivery of products.
6.1.1. Parcels are prepared and packaged by the Website in closed, sturdy packaging that is appropriate for the contents and transport requirements. Any handling not included in the initial quote and any waiting time will be subject to additional charges.
6.1.2. The customer is responsible for providing accurate, precise and complete information regarding the recipient’s name and address (door code, floor, telephone number) to enable delivery under normal conditions. The Website cannot be held responsible for any returned deliveries due to incorrect addresses or the inability to deliver to the address provided.
In the event of an error in the recipient’s contact details or if the recipient is absent, the Website cannot be held responsible for the inability to deliver the order. The Website will contact the customer to arrange, according to the customer’s wishes, a new order, at the customer’s expense, including shipping costs and the price of the product.
6.1.3. PLEASE NOTE: Orders with a PO box address cannot be accepted.
6.1.4. Once the order has been confirmed, the Website undertakes to process and deliver the order to the agreed destination, according to the route, procedure and carrier chosen by the customer. The Website insures the goods until they reach their place of delivery, but it is the recipient’s responsibility to check the package in the presence of the delivery person. Any anomalies during delivery must be noted on the carrier’s receipt and the delivery note. Failure to comply with this clause will result in the chosen carrier being unable to initiate any refund procedure.
6.1.5. For deliveries by COLISSIMO, TNT, FEDEX, DHL, UPS, etc.: if the recipient or a person authorised to take possession of the products is absent at the time of delivery, the carrier will leave a delivery notice inviting the customer to contact the carrier as soon as possible. Under no circumstances can the Website be held liable for any damage to the products due to their late collection from the carrier.
6.1.7. The Website cannot be held liable if the product has not been delivered for the following reasons: force majeure as defined by the courts and natural disasters.
6.2. Delivery times
6.2.1. Delivery times depend on the destination country, destination city and delivery method. By default, the Website offers the earliest delivery date. The customer may choose a date later than the date offered.
6.2.2. Exceeding delivery times shall not give rise to damages. Delivery times cannot be guaranteed during holiday periods such as Christmas, Easter, Valentine’s Day, Mother’s Day, Father’s Day, etc. During these periods, orders delivered late shall not be eligible for a credit note.
6.2.3. Finally, if the product, under the responsibility of the carrier, has not been delivered for any other reason related to customs, strikes or damage, or any other cause of force majeure as defined by the courts, the sale may then be cancelled and the customer may obtain a refund of the price, to the exclusion of any other compensation or damages.
6.2.4. The proposed delivery/collection date is guaranteed:
• Except in cases of force majeure,
• Except in cases of carrier strikes,
• Provided that the delivery address is accurate, correct and complete,
• Provided that the person receiving the order is present at the time of delivery.
6.2.5 Delivery days depend on the chosen carrier and the season.
ARTICLE 7. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS
7.1. Ownership of the products shall only be transferred to the customer once full payment has been made by the latter.
7.2. The Website shall bear the risks of loss and damage to the products until they are delivered to the recipient. The transfer of risks shall therefore take place once the recipient has acknowledged receipt of the products.
ARTICLE 8. COMPLAINTS – DISPUTES
8.1. Complaints or disputes will always be received with attentive consideration, as good faith is always presumed in those who take the trouble to explain the dispute.
8.2. Upon receipt of the products, the customer must ensure that the delivery complies with their order. Any damage must be noted in detail, dated and signed on the delivery note.
8.3. Any complaint must be made within 3 working days of receipt of the order to the Website’s customer service department:
– Either by post: Tonnellerie d’Art Navarre, 142 rue de Boutiers, 16100 Cognac, France
– Or by telephone on +33 (0)7 60 30 12 05
8.4. This complaint must be justified and accompanied by proof of the damage suffered (transport letter, photo of the package received). After the complaint has been analysed and accepted by the Website, a commercial gesture will be offered to the customer.
ARTICLE 9. RETURNS
9.1. Any product return must be formally agreed between the Website and the customer and returned within 3 days of the agreement. After this period, no returns will be accepted.
9.2. Any return accepted by The Site, in the event of an apparent defect or non-conformity of the products delivered, which will be noted by The Site, will entitle the customer to a free replacement or a credit note in their favour, to the exclusion of any other compensation or damages.
ARTICLE 10. PERSONAL DATA
10.1 Data controller. The Website, as data controller, processes personal data.
10.2 Processing of personal data
In accordance with the French Data Protection Act of 6 January 1978 and the provisions of European Regulation 2016/679 on the protection of personal data, you are hereby informed that the Website, as data controller, processes personal data for the following main purposes:
– the execution of these GTC;
– purchase management;
– management and tracking of your order;
– the administrative aspects of the contractual relationship;
– management of commercial and promotional operations and advertising;
– customer protection.
The legal bases for this processing are the necessity for the performance of a contract, compliance with legal and regulatory obligations, and the legitimate interests pursued by the data controller.
10.3. Data used
Concerned about protecting your privacy, the Website treats all information concerning you with the strictest confidentiality. The personal data used is that requested during your purchases (surname, first name, full address, telephone number, e-mail address) for quality processing and careful monitoring of your order. This data entered online is stored on a secure server and is immediately encrypted.
10.4. Recipients of the data
The data is intended for the authorised services of the Website, as well as any service providers and subcontractors of the latter and, more generally, any third parties with whom the Website may have commercial or contractual relations.
10.5. Retention period
Your personal data is retained for varying periods depending on the purpose for which it was collected:
– personal data processed for contract management purposes: for the entire duration of the contractual relationship, plus the statutory limitation period. The limitation period under common law in civil and commercial matters is five (5) years from the end of the contract; – personal data processed for customer prospecting purposes: three (3) years from the end of the contract;
– personal data processed for accounting purposes: the current financial year, plus ten (10) years from the end of the financial year;
– personal data processed for the purposes of managing data protection rights: for the entire duration of the request processing, i.e. one (1) month, except in exceptional cases where an additional two (2) months may be added, plus any applicable limitation periods;
Where required by law, these periods may be longer. Furthermore, it is specified that in the event of personal data being collected for several purposes, it will be kept until the longest retention or archiving period has expired.
Subject to prior agreement, the customer authorises the Website to cite them in its commercial documents in any form whatsoever as a commercial reference. Each party shall guarantee the other party the confidentiality of any information, whether written or oral, of which it becomes aware in connection with the order and shall refrain from disclosing such information to persons other than those who are entitled to know its content in connection with the performance of the service ordered.
10.6. Your rights
In accordance with applicable legislation on the protection of personal data, you have the right to access, rectify, erase and object to the processing of your personal data, as well as the right to data portability and the right to restrict processing. To exercise these rights, you can contact us:
By email: willynavarre@tonnellerie-navarre.fr
By post: Tonnellerie d’Art Navarre, 142 rue de Boutiers, 16100 Cognac By telephone: 07.60.30.12.05
You also have the right to define general and specific guidelines defining how you wish these rights to be exercised after your death.
You have the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL), the French supervisory authority responsible for ensuring compliance with personal data obligations.
ARTICLE 11. PROHIBITIONS
The customer must not under any circumstances resell products intended for their personal use or that of the recipient of their order.
ARTICLE 12. JURISDICTION
In the event of a dispute, the Court of the Site’s registered office shall have sole jurisdiction. These General Terms and Conditions of Sale and the contractual relations between the Parties are subject to French law.
