General terms and conditions of sale

Preamble

This website https://www.yves-leccia.fr/ is published by Yves Leccia, Lieu dit Morta Piana – 20232 Poggio d'Oletta - RCS 481 595 304 Company with a capital of 8 000,00 € - Intra-community VAT no. FR24481595304

Email : - Tel : 04 95 30 72 33

Article 1 : Scope of application

These General Terms and Conditions of Sale apply to all orders placed through the website https://www.yves-leccia.fr/, regardless of any other clauses that may appear on the buyer's documents.

The customer acknowledges having read these General Terms and Conditions of Sale and accepts their terms. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its headquarters shall apply.

Article 2 : Orders

Yves Leccia undertakes to accept orders made under the terms of these General Conditions of Sale and within the limits of available stocks.
In the event of stock shortage, Yves Leccia undertakes to communicate the supply times necessary to obtain the desired product or to propose a replacement product. Yves Leccia will honour each order by making one or more deliveries of the products ordered.

By validating his order, the customer declares that he/she has read and accepted the present General Terms and Conditions of Sale. The preparation and dispatch of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is dispatched.

Yves Leccia reserves the right to cancel all non-compliant or dubious orders, as well as those from a customer with whom there is any dispute.

Article 3 : Prices

The prices indicated include all taxes (applicable VAT, excise duties and any other taxes applicable on the day the order is placed, any change in which may be reflected in the price of the products).

In the case of delivery outside of Metropolitan France, the prices shown are inclusive of VAT and are supplemented by excise duties and other taxes of the customer's country (and any other taxes applicable on the day the order is placed, any change in which may be reflected in the price of the products), as well as the cost of administrative management of customs formalities.

The prices of the products may change at any time depending on the pricing policy of Yves Leccia. The ordered products are invoiced at the price in force at the time of the recording of the order.

Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks.

The prices displayed are net and do not include shipping costs. Shipping costs may vary according to the number of products ordered and the country of shipment.

Article 4 : Validity of offers

The products and promotional offers are offered within the limits of available stocks.
In case of unavailability of one or more products after the validation of the order, Yves Leccia undertakes to inform the customer by e-mail as soon as possible. In agreement with the customer, Yves Leccia will be able to modify the order or will proceed to the refunding of the unavailable products by the credit of the payment card having been used at the time of the order.

Article 5 : Delivery

Yves Leccia delivers to Metropolitan France and Belgium, for which customs formalities are necessary. The shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries to any other destination will be subject to a specific quote.
The wines come from our estate and are stored on our logistics platform.
The delivery time for orders is 7 working days for Metropolitan France after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by the customer by e-mail. The order is delivered to the delivery address chosen by the customer.
The customer is required to carefully check the packages upon delivery in order to immediately express any reservations to the carrier. The Customer has a period of 3 days (article L133-3 of the French Consumer Code) to make a complaint and 10 days if he/she has not been able to check their good condition with the carrier (article L224-65 of the French Consumer Code).

Any error or modification made by the customer in a delivery order in progress, whatever it may be, will result in an extension of the delivery period. The additional costs will be borne by the customer.

Article 6 : Withdrawal

In the case of an order for products :

Pursuant to the provisions of Article L.221-18 of the Consumer Code, the customer has a period of fourteen clear days from the delivery of his order to return the item delivered for exchange or reimbursement, at the customer's discretion, without penalty, with the exception of the return costs.

The customer has a period of two years from the date of delivery of the goods to act upon the discovery of the hidden defect.

The notification of the will of retraction can be done by the form placed at the disposal on our site or near our customer service by e-mail or telephone (see the page Contact for the coordinates)

Yves Leccia undertakes to reimburse the customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The costs of returning the product remain at the expense of the customer.

The returns will have to be sent to the address:

Yves Leccia
Lieu dit Morta Piana
20232 POGIO D'OLETTA, France

In accordance with article L.221-5 of the French Consumer Code, the Consumer Buyer may find below a standard withdrawal form for an order placed on the Site with a professional Seller Advertiser:

Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract)

To the attention of : (contact details of the Seller Advertiser)

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

Ordered on (*)/received on (*) :
Name of Customer(s) :
Address of Customer(s) :
Signature of Customer(s) (only in case of notification of this form on paper) :
Date : (*)

(*) Delete as appropriate.

In the case of an activity booking :

Pursuant to the provisions of Article L.221-28 12° of the French Consumer Code, the sale of reservations for wine tourism activities constitutes a provision of leisure services that must be provided on a regular basis, and the provisions of Article L.221-18 of the same code relating to the consumer's right of withdrawal are not applicable to the purchase of remote Tickets.

Article 7 : Payment

Any order implies a payment defined according to the terms and means specified in the order process.

Payments by credit card are made via a secure online payment service.

Yves Leccia never has access to the banking data of the customers.

An order of payment carried out by bank card cannot be cancelled. Consequently, the payment of the order by the purchaser is irrevocable, without prejudice for the Customer to exercise his right of retractation or of later cancellation of the order.

Article 8 : Reservation of title

In accordance with the law of 1 May 1980, the products delivered to the customer are sold under reservation of title. In the event of non-payment of the total price of the goods on the agreed due date, Yves Leccia may claim ownership of the products at the expense and risk of the Customer.

Article 9 : Personnal data

All data provided by Clients during their visits to https://www.yves-leccia.fr/ is strictly confidential. None of the data or personal details of the customers will be sold or rented to anyone without their prior agreement. Customer personal data will be used by Yves Leccia for the purpose of processing orders and, where applicable, to contact customers for information relating exclusively to our services: accounting, credit card or other payment card control and selection, marketing and statistical analysis, testing, system maintenance and development, customer surveys, customer relations, improvement of our future communications, and better identification of customer needs and preferences. Once registered on https://www.yves-leccia.fr/, the customer will be able to access the "My Account" page and modify his/her personal data.

Yves Leccia may collect, store and use the following data: name, email address, physical contact details, date of birth and sometimes delivery, billing or other order-related information.

In application of the Data-processing law and Freedoms of January 6, 1978, the customer has a right of access, of modification, correction and suppression of the data which concern him. The customer may exercise this right by sending a letter to Customer Services (see the Contact page for contact details).

The automated processing of personal information on the https://www.yves-leccia.fr/ website has been declared to the Commission Nationale de l'Informatique et des Libertés.

Existence of a list of opposition to telephone canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone details will only be used for the proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the above, in accordance with the legal provisions, you are informed that you can, if you wish, register on the list of opposition to telephone solicitation. You can register free of charge on this list, which is compulsory for all professionals except those with whom you have already concluded a contract.

Article 10 : Use of cookies

Yves Leccia resorts to the use of cookies in particular in order to recognise the customer during his connection with the https://www.yves-leccia.fr/ site as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the Client's computer by his browser when he visits an Internet site.

The customer has the possibility to deactivate the use of these cookies by selecting the appropriate settings on his computer. However, this deactivation will prevent access to certain features of the site.

Article 11 : Guarantees

Yves Leccia is held of the legal guarantee of the hidden defects, within the meaning of article 1641 and following of the Civil code: "The salesman is held of the guarantee because of the hidden defects of the thing which make it unsuitable with the use of which one intends it, or which decrease so much this use, that the purchaser would not have acquired it, or would have given only one less price of it, if it had known them". Consequently, the customer has up to 2 months after the date of delivery to send his complaint to Yves Leccia. Beyond this period, the company Yves Leccia will not be able to guarantee the products and the customer will have to prove that their possible deterioration is former to their reception.

The products benefit from the legal guarantee of conformity provided for in articles L217-4 and following of the Consumer Code.

It is recalled that the customer :
- Has a period of two years from the delivery of the goods to act;
- Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The customer who wishes to invoke the legal guarantee of conformity must inform Yves Leccia. If the reasons for the return are founded, the Products concerned will be returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of retraction. The delivery costs as well as the return costs will be refunded.

The refund of the returned Product(s) will be made by crediting the bank account linked to the bank card used for the payment of the order.

The refund date may be deferred until the date of actual receipt of the Product(s) at the above address.

Article 12 : Responsibility

All the texts and photos presented have only an information value and are in no case contractual. Yves Leccia reserves the right to make changes to its website, its procedures and these General Conditions of Sale. The customer is subject to the General Conditions of Sale in force at the time of placing the order. Yves Leccia cannot be held responsible, or considered to have failed in these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts.

Article 13 : Applicable law

The language of this contract is French. All the clauses of the present General Conditions of Sale, all the transactions and operations of purchase carried out since the https://www.yves-leccia.fr/ site as well as by mail and telephone are governed by the Right and the French law. Any dispute which will not have found an amicable agreement will be the responsibility of the Courts of the registered office of the Company Yves Leccia or of the court of the department chosen by the customer.

Article 14 : Protection of minors

In accordance with article L. 3342-1 of the public health code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The customer undertakes to be at least 18 years old when placing an order on the website https://www.yves-leccia.fr/.

Main applicable legislation

Article L217-4 of the Consumer Code

"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.

He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."

Article L217-5 of the Consumer Code

"The goods are in conformity with the contract :
1° If it is fit for the purpose usually expected of similar goods and, if applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model ;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter."

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years as from the delivery of the goods."

Article L221-28 of the Consumer Code

"The right of withdrawal may not be exercised for contracts (...) :
7° For the supply of alcoholic beverages, the delivery of which is deferred beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the trader's control (...)"

Article 1641 of the Civil Code

"The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which reduce that purpose to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them."

Article L3342-1 Public Health Code

"The sale of alcoholic beverages to minors is prohibited. The offer of such drinks free of charge to minors is also prohibited in pubs and all shops or public places. The person supplying the drink shall require the customer to prove his majority (...)"

Consumer mediation

According to Article L.612-1 of the Consumer Code, it is recalled that "every consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between him and a professional. To this end, the professional shall guarantee the consumer effective recourse to a consumer mediation system". In this respect, ALLO MY COACH offers its Consumer Clients, in the context of disputes that have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows

Mediator of the Médicys approved mediation centre

https://medicys-consommation.fr/