CGV

General conditions of sale (to individuals and professionals)

These general conditions of sales, below called CGV, govern the general sales conditions of the company MODERATO SAS registered with the RCS of Normandy under number 888 4902 240 0027, TVA NUMBER FR 21 888 490 224 and whose headquarters are placed Les Falaises, 14 430 Douville-en-AUGE (Email address: Contact@le-moderato.com), below entitled Moderato. GTC include personal data protection policy.

The GTC are those in force on February 1, 2021. 

PRINCIPLES :

moderato The aim of creating and marketing new products from wine with reduced alcohol degree.

Sales made on the company's website moderato (THE-moderato.com) are governed exclusively by CGV, excluding all conditions and that they will prevail, if necessary, on any other version or any other document.

THE CGV exclusively relate to purchases of products made on the ecommerce site of Moderato SAS - THE-moderato.com

 

THE CGV are made available to consumers on the website of moderato and are directly available. THE CGV include personal data protection policy.

 

The purchase of a product on the site of moderato implies complete and unreserved acceptance of CGV by the buyer. moderato reserves the right to modify at any time the CGV without notice.

 

In the event of a modification, the general conditions of applicable sales are the CGV in force on the date of the order. moderato keeps a copy of each version of CGV. Previous versions are available on a simple request to contact@le-moderato.com.

 

The fact that moderato does not claim the application of a clause of CGV Or accepts his non-performance, whether temporarily or recurrently, cannot be interpreted as a final renunciation of his non-application or as a final acceptance of his non-performance.

 

Product information:

The products governed by these general conditions are those which appear on the website of moderato (www.le-moderato.com) and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to occur as to this presentation, the responsibility for moderato could not be engaged.

Product photographs are not contractual.

 

Price and prices:

Unless otherwise indicated, the prices of the products indicated on the part of the website dedicated to individuals and on all documents for individuals are expressed in euros all taxes included and excluding treatment and shipping costs.

Unless otherwise indicated, the prices indicated on the website for professionals and on all documents for professionals are expressed in euros excluding tax.

Unless otherwise indicated, all orders are payable in euros.

Any change in taxation (evolution of the applicable VAT rate, creation or modification of a tax or contribution, evolution of excise duties, etc.) will be automatically and without notice passed on the price of sale of products.

Unless prior to the buyer, moderato reserves the right to modify prices at any time without notice.

Unless otherwise indicated or prior agreement with the Buyer, in the event of an order to a territory outside the mainland France, the latter will do his business with customs and import rights as well as local or states taxes both in terms of declarations that payments to the competent authorities or their representatives.

 

Delays and preparation and delivery costs:

The costs of preparation and delivery are indicated prior to the validation of the order.

As part of an order on the site for individuals, the preparation and delivery costs are flat -rate for all orders but can be offered from a certain amount of purchase.

The delivery time will be at most 7 days. We apologize for
Any possible delay in delivery in the event of bad weather, strike, during the holiday periods and holidays. We depend on a third external part for the delivery of our goods. The Customer may cancel his order either before shipment of this, or once it shipped and in this case he must make a return of the product in accordance with the provisions provided in the part below "withdrawal period"

The refund will be made by moderato By bank transfer once the product is well re -recorded ‘in stock’ or before shipment is once the product return has been validated and recorded.

As part of an order on the professional site, the pricing grid including the preparation and delivery costs evolves according to the quantities purchased.

The delivery time cannot exceed 14 days from the validation of the order.
In the event of exceeding the delivery date exceeding 14 days and not due to a case of force majeure as defined by article 1248 of the Civil Code, the Customer may cancel their order by registered letter with request for acknowledgment of receipt or by a writing on another lasting medium, if, after having enjoined, in the same ways, moderato to make the delivery within a reasonable additional time, the latter did not execute itself within this period. The Customer can immediately cancel his order if it appears that the delivery time was, for the latter, an essential condition with regard to the circumstances surrounding the order or in the event of an express request from the customer
The cancellation of the order will be effective upon receipt by moderato of the letter by which the customer informs him of his decision, if the delivery did not occur between the sending and reception of this letter.
Refund will be provided by moderato, according to the means of payment of his choice, within a maximum of thirty days from the date on which the customer will have informed moderato cancellation of the order.

 

Billing:

The product will be billed by moderato to the buyer on the basis of the rate in force at the time of the validation of the order and subject to the availability of the product. moderato agrees to check regularly that all prices communicated on the site or in communication documents are correct. Nevertheless, if an error in the price of an article should occur, moderato The buyer will ask to confirm his order on the basis of the corrected price to be accepted. In the event of non-confirmation, the order will be automatically canceled. Assuming moderato could not contact the buyer to this end within a reasonable time, the order will be automatically canceled.

The products remain the full property of moderato Until full payment of the price by the buyer. 

When purchasing, the buyer provides a certain number of information, either on the website or by exchange of email.

moderato Archives invoices on a reliable and lasting support constituting a faithful copy in accordance with the provisions of article 1360 of the Civil Code. Computerized registers of moderato will be considered by all the parties concerned as proof of communications, orders, payments and transactions between the parties.

 

ORDER : 

moderato undertakes to honor orders within the limits of products of products available only. In case of non-deputy, moderato undertakes to inform the buyer quickly. moderato reserves the right to refuse any order if the quantities of products ordered are abnormally high.

The sale will be considered final:

- After sending the buyer to confirm the acceptance of the order by the seller by email;

- and after collection by the seller of the full price.

 In accordance with the law relating to data processing, files and freedoms of January 6, 1978 known as “Informatique et Liberté” as well as to regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 relating to protection natural persons with regard to the processing of personal data and the free movement of this data, moderato may make automated processing of information of the buyer.

 

PAYMENT METHOD :

The validation of the order implies for the buyer the obligation to pay the price indicated on the order confirmation. 

To pay his order, the buyer has, at his choice, all the payment methods made available to him by moderato and listed on the site. The buyer guarantees to moderato that it has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form. moderato reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card on the part of the organizations officially accredited or in the event of non-payment. moderato In particular reserves the right to refuse to make a delivery or to honor an order from a buyer who would not have fully or partially set a previous order or with whom a payment dispute is being administration.

Payment of the price is made in full on the day of the order, according to the following terms:

- Bank card

 

WITHDRAWAL PERIOD :

In the event of purchase made by a non -professional buyer on the website of moderato, it benefits from the right to withdraw from this contract without giving reason within fourteen days. Upon receipt of the product, the buyer has fourteen days to share moderato of his declaration of withdrawal. The withdrawal period expires fourteen days after the day when the buyer, or a third party other than the carrier and appointed by him, physically takes possession of the last property. The buyer then has four days to send you the product to the address indicated by moderato. Within this period, he must return to moderato The product by any means at its convenience for exchange or reimbursement without penalty, with the exception of the return costs which are responsible. To exercise his right of withdrawal, the buyer must inform moderato by email at contact@le-moderato.com indicating the elements clearly identifying the order concerned (date, buyer name, order number, etc.). In the case of an exchange of products, the re -exposition will be at the expense of the buyer. The products will have to be returned to a state allowing their marketing and new. In particular, their labeling is considered to be an integral part of the product and should not be damaged or stained.

According to article R221-1 of the Labor Code (https://www.legifrance.gouv.fr/codes/article_lc/legiarti000032887061) 

The following form can be used for a return:

Withdrawal form model

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

For the attention of [the professional inserts his name, his geographic address and his electronic address here]:

I/We (*) notify you/Notify (*) by this MA/Our (*) Contract of the contract relating to the sale of the property (*)/For the provision of services (*) below:

Ordered (*)/Received (*):

Name of consumer (s):

Address of Consumer (s):

Signature of the consumer (s) (only in the event of notification of this form on paper):

Date :

(*) Strip the unnecessary mention.

The feedback is made at the following address: Dartess | Company moderato -14, avenue Ampère | 91320 Wissous. Any damage suffered by the product when they return is the responsibility of the buyer and can defeat the right of withdrawal. It is therefore strongly advised to return the product in its packaging used by moderato For its initial shipment. Upon receipt of the product, and if all the previous conditions are met, moderato will reimburse the buyer of all the sums paid using the same means of payment as that used by the buyer during the initial transaction, unless expressly agreed moderato And under deduction of the additional costs incurred by a change of means of payment if the buyer requests it. In accordance with article L.221-28 of the Consumer Code, the right of withdrawal provided for in the event of distance selling may not in particular be exercised for contracts for supplying goods which have been unlocked by the buyer after delivery and which cannot be returned for reasons of hygiene or health protection.

 

GUARANTEE :

All the products offered to order by moderato benefit from the legal guarantee of compliance and the guarantee against hidden defects. 

They comply with the French legislation in force. The responsibility of moderato cannot be engaged in the event of non-compliance with the legislation of a third country where the product is delivered, in particular on the elements of legal labeling notices. It is up to the buyer to check with local authorities the possibilities of importing or using the products ordered.

moderato cannot be held responsible for damage resulting from improper use of the product, in particular the buyer recognizes that the product contains or can contain alcohol and that alcohol abuse is dangerous for health. moderato cannot be held responsible for any consumer intolerances or allergies, especially those related to sulfites.

The responsibility of moderato cannot be engaged in the event that the non-performance of its obligations is due to a third party to the contract, to a case of force majeure, or to the buyer himself

 

DISPUTE :

In the event of a dispute following a purchase made on the website by a non-professional, it must be addressed in priority to moderato by email at contact@le-moderato.com. In the event of failure of the claim for complaint or in the absence of a response within two months, he may submit the dispute to the opponent of moderato at the court of his choice or In the service of mediator of the E-commerce of the Fevad (http://www.mediatevad.fr/) which will try, in complete independence and impartiality, to bring the parties closer to lead to a solution. The buyer and moderato There are free to accept or refuse the use of a dispute by mediation as well as to accept or refuse the solution proposed by the mediator. In the absence of an amicable agreement, the competent court to resolve the conflict is that of Paris. THE CGV are therefore in French law.

If any of the clauses of CGV was zero in view of a rule of law or a judicial decision, it would then be deemed to CGV nor the validity of its other provisions.