Terms of sale

Date of last update: 01/13/2025

L'EARL DES VIGNOBLES BOUGES is a Limited Liability Agricultural Operation under French law with a share capital of €400,000, registered in the Bordeaux Trade and Companies Register under number 425 141 256, whose head office is at 5 route du Fournas 33250 Saint-Sauveur, represented by its manager Gérard Bougès (hereinafter called EARL DES VIGNOBLES BOUGES OR Seller) offers wine sales services to all of its customers on its Website accessible at the following address: https://www.lafonduberger.com

These General Conditions of Sale apply to all orders placed remotely by adult individuals acting, in a personal capacity, as consumers with the company EARL DES VIGNOBLES BOUGES directly on its Site. Our offers are exclusively reserved for private customers.

These General Conditions of Sale may be modified at any time by EARL DES VIGNOBLES BOUGES. It is your responsibility to consult them and formally accept them before any Order.

We reserve the right to modify these General Conditions of Sale at any time by publishing a new version on the Site. The applicable General Conditions of Sale are those appearing on the Site on the day of your Order.

Any Order placed with the site assumes full, unreserved and unconditional acceptance of the General Terms and Conditions in force on the day of said order.

1. Definitions

The terms and expressions with capital letters used in these General Conditions of Sale are defined as follows, whether they are used in the singular or the plural, identical terms and expressions without capital letters being considered in their common sense:

“Buyer”, “you”, means any consumer (i.e., natural person who acts for purposes which are not within the scope of his commercial, industrial, artisanal, liberal or agricultural activity) placing a Remote Order for Products .
“Order form” means the order confirmation document sent by email by the Seller summarizing the Buyer’s order placed on the Website or by telephone or email. These General Conditions of Sale are annexed to the Order Form.
“Order” means your remote order of a Product.
“Sales contract” means the contractual whole formed by the Purchase Order and these General Conditions of Sale.
“CGV” designate these General Conditions of Sale.
“Parties” jointly designates the Buyer and the company EARL DES VIGNOBLES BOUGES.
“Product” means the bottles of wine and other products offered for sale by EARL DES VIGNOBLES BOUGES and which may be the subject of an Order.
“Site” refers to the website accessible at the following address: www.lafonduberger.com
“Seller”, “Vignobles Bougès”, “we”, “us” or “our” refer to the EARL DES VIGNOBLES BOUGES.

2. Clients

The Products offered for sale on the Site, by telephone or by email are exclusively reserved for “natural adults” aged eighteen (18) years, who have full legal capacity to place their Order.

In application of article L. 3342-1 of the Public Health Code, EARL DES VIGNOBLES BOUGES reserves the right to request proof of the identity of the Buyer.

3. Product Information

The Site www.lafonduberger.com presents the necessary characteristics of the Products, such as in particular their price, description, satisfying the requirements of article L 111-1 of the Consumer Code which provides the necessary possibility for the potential buyer to know , before taking the final order, the essential characteristics of the product he wishes to purchase.

By placing an Order, you therefore acknowledge having been aware of the essential characteristics of any Product sold on the Site.

The photos and illustrations of the Products used on the site are non-contractual. A difference in color or presentation of the bottles or wine may result in particular from the quality of the photos or their date.

4. Price information

The prices of the Products indicated on the Site are indicated in euros (€), all taxes included.

Collection of the Order in store at Château La Fon du Berger is free and does not incur delivery costs.

The total amount, indicated in the Order confirmation by EARL DES VIGNOBLES BOUGES, is the final price to be paid, expressed all taxes included.

5.Availability of Products

All our offers are within the limits of available stocks without obligation and unless sold in the meantime.

In the event that, after your Order, a Product becomes totally or partially unavailable, we will inform you by email within 5 working days following your Order of this unavailability and will give you the possibility:

or, if you accept it, to be delivered a Product of a quality and price equivalent to that subject to your Order;
or to be reimbursed for the price of the Product(s) covered by the Order.

6. Quantity

Certain Product references may be subject to minimum orders. This particular condition is clearly specified on the Site or by telephone/email for each of the Product references concerned.

7. Order conditions

7.1 General provisions

We reserve the right not to validate your Order for any legitimate reason, in particular in the event that:

it would not comply with these General Terms and Conditions;
one of your previous Orders has not been paid in full when due;
a dispute relating to the payment of one of your previous Orders is currently being processed;
several serious and consistent elements would raise suspicion of fraud on your Order.

The notification will be sent to your email address.

Orders are only final when they have been confirmed by payment of the price.

In the event of non-performance of your payment obligation, we will immediately cancel your Order.

After placing your Order, we will acknowledge receipt and validate it by sending You an order confirmation email including the summary of your Order, its number, as well as a link to track your order.

7.2 On the site

In order to place your Order on the Site, you must follow the following steps:

From a Product page of the store, to select the Products you wish to purchase, click on the type of Product desired (for example, choice of vintage) then on the “add to cart” button
To access the basket, click on the “basket” icon and modify the quantity of the selected Products if necessary.
Finalize your Order by clicking on the “Validate your basket” button
It is then possible to choose a payment method from one of the different payment methods:

Payment by credit card: payment method selected by default.
Payment by PayPal: Click on the “PayPal” button to be redirected to the Paypal payment tunnel

You can also choose a delivery method:

Ship: delivery method selected by default.
Collection in store

Enter the required information depending on the delivery method
Enter the payment method information
Specify the billing address if it is different from the delivery address
Continue and access the Order summary by clicking on the “Check order” button
Click on the “Pay now” button to finalize the Order.

You can monitor the status of your Order at any time using the “View order” link in the confirmation email sent to your email address.

You also have the option of creating a customer account by clicking on the “Account” icon located in the menu. You will need to provide an email address and password to create your account.

7.3 By telephone

You can place an order directly by telephone by contacting us at the following number: +33 (0)5 56 59 51 43

You will then need to provide the information necessary to execute the order: name, first name, delivery address (if applicable), billing address, valid email address, telephone number and order details. This list is not exhaustive.

After checking the availability of the Products by us, you will receive an order form by email.

The order form will include in particular the following information: the date of the order, the quantity, the characteristics and the reference of the Products ordered, the billing and delivery address, the means of payment, the unit and total price including tax, costs and indicative delivery time.

You will need to verify the accuracy of your order before confirming it by writing a response email to contact@vignoblesbouges.fr.

If you identify an error or wish to modify your Order, contact us to make the necessary corrections before validation. After this operation, a new modified order form will be sent to you by email requiring your validation by responding directly to the email.

Once payment has been made by bank transfer, we will send you confirmation of the transaction and the Order by email.

You will receive the original invoice upon delivery of the Order to the address provided.

7.4 By email

You can place an order directly by email by contacting us at the following email address: contact@vignoblesbouges.fr.

After checking the availability of the Products by us, you will receive an order form by email.

You will need to verify the accuracy of your order before confirming it by writing a response email to contact@vignoblesbouges.fr.

After validation, you can proceed to payment for the Order, by receiving a payment link electronically.

Once payment has been made by bank transfer, we will send you confirmation of the transaction and the Order by email.

You will receive the original invoice upon delivery of the Order to the address provided.

8. Payment terms

The credit card is debited upon validation of the Order.

Payment by Visa, American Express, Mastercard, or Apple Pay works directly via a secure banking payment system allowing rapid processing of Orders while ensuring the security of the transaction.

Thanks to the SSL (Secure Sockets Layer) electronic payment system, you are automatically directed to the server of our banking partner.

The transaction goes into secure mode guaranteeing the confidentiality of the information provided. This transaction is also carried out via a 3D Secure protocol which increases security during online purchases.

You must be the holder of the bank card used for payment.

9. Delivery

9.1. Delivery times

We undertake to do everything possible to deliver the Products ordered as quickly as possible, and as indicated on the Site.

You will receive a new notification when your order has been shipped.

Delivery time is 5 to 8 working days. However, this is not a strict deadline but a deadline given for information purposes.

In any event, delivery must take place within a maximum period of thirty (30) days from receipt of payment for the Order. If delivery cannot be ensured within this time, we will inform you as soon as possible and you can cancel your Order. The sale must be canceled at your written request under the conditions provided for in articles L 216-6 and L 216-7 of the Consumer Code.

Delivery times start from validation of your Order, i.e. receipt of payment, bank authorization (online bank card) and approval given by the verification department, if applicable.

9.2. Order tracking

When your order ships, you will receive an email notification from us that will include a tracking number that you can use to check its status. Please allow 48 hours for tracking information to be available.

9.3. Delivery methods

The cost of transport and delivery methods vary depending on the choices you made when placing your Order. This information is visible in particular in the basket on the Site and/or on the Order confirmation email.

Currently, we serve Metropolitan France.

The Products are delivered to the delivery address that you indicated during the Order process. The information you provided when placing your order is binding on you: in the event of an error in the wording of your contact details or incomplete information, we cannot be held responsible for the impossibility in which it may be to deliver the item. Product.

If the goods are returned due to an incomplete address, you will be offered two alternatives:

the reshipment of the Product after payment of the contribution to the return costs;
reimbursement of the Order after deduction of delivery costs.

9.4. Transport and liability

In accordance with article L 216-2 of the Consumer Code, the transfer of risks takes place upon delivery of the goods to the consumer or to a third party designated by him who takes physical possession of the Products.

It is therefore your responsibility to check the contents of your package at the time of delivery and to make reservations if necessary, as follows: on the delivery slip provided by the carrier or by immediately calling the carrier's customer service, in presence of the delivery person.

In all cases, you must notify the company EARL DES VIGNOBLES BOUGES within 2 days after receipt of the package by registered letter with acknowledgment of receipt, to the following address: Château La Fon du Berger – 5 route du Fournas, Saint-Sauveur , AND by email to contact@vignoblesbouges.fr.

You must describe any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged package already opened, etc.), with all the relevant supporting documents (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

We cannot be blamed or held responsible for the consequences of any event beyond our control, in particular cases of force majeure or those caused by the carrier, which would tend to delay or prevent delivery of the Products ordered.

10. Reservation of title

Until effective and full payment of the price, EARL DES VIGNOBLES BOUGES remains the owner of the Products sold. The transfer of ownership of the Product only occurs upon delivery and after full payment of the invoiced price.

11. Withdrawal

11.1. Principle

In accordance with the provisions of articles L. 221-18 et seq. of the Consumer Code, you have a period of fourteen days from the day of receipt of your Order to exercise your right of withdrawal without having to justify reasons or to pay penalties, with the exception of return costs which remain your responsibility. However, for Orders delivered to the Buyer's home, and for which the Products cannot normally be returned by post due to their nature, the Seller collects the Products at its expense.

The transport of the Products thus returned is your responsibility; any damage suffered by the Products on this occasion being likely, as recalled below, to frustrate the exercise of your right of withdrawal. Any damaged product will not be taken back or refunded. The Products must be returned in a condition suitable for re-marketing (products in perfect condition accompanied by their original packaging, accessories), accompanied by the purchase invoice, within fourteen (14) days following notification to the Seller of the Buyer's decision to withdraw.

Damaged, soiled or incomplete Products will not be returned.

The Seller does not accept parcels or letters sent postage collect.

11.2. Conditions for exercising the right of withdrawal

The right of withdrawal only benefits natural persons considered to be consumers within the meaning of the Consumer Code and having ordered a Product remotely, following cold calling or off-premises.

The Consumer Code allows each customer with this status to return the goods without any reason within fourteen (14) days of receipt. If the expiration of this period occurs outside of a working day, the period is extended until the first following working day inclusive.

To exercise your right of withdrawal, you must return the Product concerned to us, accompanied by:

the withdrawal form provided when sending and reproduced in Appendix 1 below, duly completed;
in its original, undamaged packaging, if you have not kept the original packaging, pack the Products with the greatest care to avoid any damage;

at the following address: Château La Fon du Berger – 5 route du Fournas, 33250 Saint-Sauveur

11.3. Exceptions

In accordance with the provisions of article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for:

Goods which have been unsealed after delivery;
Goods made to the consumer's specifications or clearly personalized.

11.4. Reimbursement in the event of a withdrawal

Following your request for withdrawal, in accordance with legal provisions, we will reimburse you within 14 days following notification of your request for withdrawal.

In the absence of receipt of your Product or proof of shipment of your Product within this period, we reserve the right to postpone your reimbursement until the day of receipt of your Product.

We will reimburse you using the same payment method as that used on the day of your Order.

Therefore, if you paid for your Order using a bank card, we will reimburse you by recrediting your bank card.

12. Guarantees

12.1. Legal guarantee against hidden defects

The Seller is liable for hidden defects in the item sold under the conditions provided for in articles 1641 et seq. of the Civil Code. Articles 1641 and 1648 of the Civil Code are reproduced below:

Article 1641 of the Civil Code:
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648 al.1 of the Civil Code:
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

12.2. Legal guarantee of conformity

The Seller is liable for defects in conformity of the goods with the Sales Contract under the conditions of article L217-4 et seq. of the Consumer Code. Articles L217-4, L217-5, L217-7, L217-8, L217-13 are reproduced below:

Article L217-4 of the Consumer Code:
“The property complies with the contract if it meets, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract”

Article L217-5 of the Consumer Code:

1° It is suitable for the use usually expected of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;

2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model, before the conclusion of the contract;

3° Where applicable, the digital elements it contains are provided according to the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;

4° Where applicable, it is delivered with all accessories, including packaging, and installation instructions that the consumer can legitimately expect;

5° Where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of article L. 217-19;

6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, having regard to the nature of the good as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labeling.

II.-However, the seller is not bound by any public declarations mentioned in the preceding paragraph if he demonstrates:

1° That he did not know them and was not legitimately able to know them;

2° That at the time of the conclusion of the contract, the public declarations had been corrected under conditions comparable to the initial declarations; Or

3° That the public statements could not have had any influence on the purchasing decision.

III.-The consumer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the good, of which he has been specifically informed that they deviate from the conformity criteria set out in this article, deviation to which he has expressly and separately agreed upon at the conclusion of the contract.

Article L217-7 of the Consumer Code:
Lack of conformity which appears within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.

For second-hand goods, this period is set at twelve months.

When the sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:

1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;

2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period exceeding two years

Article L217-8 of the Consumer Code:

In the event of a lack of conformity, the consumer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in the price or to termination of the contract, under the conditions set out in this subsection.

The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in the conditions of articles 1219 and 1220 of the civil code.

The provisions of this chapter are without prejudice to the award of damages.”

Article L217-13 of the Consumer Code:

As soon as the consumer chooses repair but this is not implemented by the seller, compliance by replacing the good causes, for the benefit of the consumer, a new legal guarantee period. of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the consumer..."

Please note that as part of the legal guarantee of conformity, the Buyer:
- benefits from a period of two years from delivery of the goods to take action against the Seller;
- can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for by article L 217-9 of the Consumer Code;
- is exempt from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee which may potentially cover the Product.

The Buyer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between canceling the sale or reducing the sale price in accordance with 1644 of the Civil Code.

In order to assert his rights, the Buyer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 14 days from delivery of the Products or from the discovery of hidden defects within the time limits specified. above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging).

The Seller will refund or replace Products deemed non-compliant or defective.
Shipping costs will be reimbursed upon presentation of supporting documents.

Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the Seller's discovery of the lack of conformity or hidden defect.

Reimbursement will be made according to the payment method used by the Buyer.

The Seller cannot be held liable in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is up to the Buyer to verify,
in the event of misuse, negligence or lack of conservation on the part of the Buyer, accident or force majeure.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

13. Protection of minors

In accordance with article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, you agree to be eighteen ( 18) years of age by checking the appropriate box from the modal window that appears when opening the Website.

The Services are not intended for use by children, and we do not knowingly collect any personal information from children. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact information provided below to request its deletion.

As of the effective date of this Privacy Policy, we do not actually know that we “share” or “sell” (as these terms are defined in applicable law) the personal information of persons under 18 years.

14. Personal data

See our privacy policy

15. Intellectual property

Any distinctive sign including EARL DES VIGNOBLES BOUGES as well as the images, designs, signs and more generally the Products present on the Site are the exclusive property of des Vignobles Bougès.

Consequently, you refrain from directly or indirectly infringing any distinctive sign of Vignobles Bougès and in particular from: reproducing all or part of the Site other than in the cases contractually provided for; modify or adapt the Site in order to correct errors or failures; any corrective and/or evolutionary maintenance being reserved for us; translate, reverse engineer, decompile, totally or partially disassemble the Site.

More generally, you agree not to carry out any reproduction operation without our prior authorization on any medium and by any means whatsoever.

See our legal notices and credits >

16. Force majeure

We cannot be held responsible for the non-performance of one of our obligations arising from the sales contract since this non-performance is linked to the occurrence of an event of force majeure as defined by article 1218 of the Civil Code. and hereby.

These cases of force majeure may in particular result from a disruption in the supply of raw materials, delays or failure to deliver from our commercial partners, prolonged power outages preventing us from carrying out our services, strike situations or lockout, war, insurrection, epidemic, pandemic. This list is not exhaustive.

We cannot be held responsible for poor storage of the Products on your part which would affect the quality of the Products.

17. Liability

Furthermore, we do not guarantee the accessibility, permanence over time, availability or stability of the Site and its services.

Consequently, we cannot under any circumstances be held responsible for any malfunction in access to the Site or its services, speeds of opening and consultation of pages, temporary or permanent inaccessibility of the Site, errors in information received or transmitted, temporary total or partial non-performance of any service, fraudulent use by third parties of information made available on the Site, loss of profit or data; omissions or errors of any kind; viruses, spyware or malware; delay or interruption of service.

18. Customer Service

If you wish to ask a question regarding an Order, our customer service team is available to assist you.

Vignobles Bougès customer service:

Address : Château La Fon du Berger - 5 route du Fournas, 33250 Saint-Sauveur
Monday to Friday: 9 a.m. to 5 p.m.
Phone : +33 (0)5 56 59 51 43
E-mail: contact@vignoblesbouges.fr.

19. General provisions

19.1. Nullity

If one or more stipulations of these General Terms and Conditions is held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and effect. their scope.

19.2. Non-waiver

The fact for one of the Parties not to take advantage of a failure by the other Party to fulfill any of the obligations referred to in these General Terms and Conditions cannot be interpreted for the future as a waiver of the obligation in cause.

19.3. Dispute - Mediation

In accordance with the legal provisions in force concerning the amicable settlement of disputes, the consumer may resort to conventional mediation, in particular to the Consumer Mediation Commission or to existing sectoral mediation bodies, or to any alternative method of settling disputes. disputes (conciliation for example) in the event of a dispute.

The European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers after an online purchase in order to then transmit them to the competent national mediators.

This platform is accessible under the following link http://ec.europa.eu/consumers/odr/

In the year following your request to our services, in application of article R. 616-1 of the Consumer Code, You will be able to have your request examined by a mediator whose contact details will be found below, knowing that a dispute can only be examined, with some exceptions, by a single mediator: FEVAD Consumer Mediation https://www.mediateurfevad.fr/

19.4. Applicable law

These General Conditions of Sale are governed by French law even if one of the Parties is of foreign nationality and/or these General Conditions of Sale are executed in whole or in part abroad.

In the event of a discrepancy in interpretation of a translated version, only the French version hereof is authentic.

Appendix 1: Model withdrawal form (annex to article R. 221-3 of the Consumer Code)

Last name, first name and address of the consumer

Attention: EARL DES VIGNOBLES BOUGES: 5 route du Fournas, 33250 Saint-Sauveur.

A…, the…. (date of letter)

Madam, Sir,

I hereby notify you of my withdrawal from the contract relating to the sale of the property below: _________________________________________________________

[*Description of the product purchased: name of the wine, vintage, quantity]

Ordered on: ___________________________________________________

[*Date of order of the good]

Received on: _______________________________________________________

[*Date received]

Name of Buyer: ............................................. .............................

Buyer's Address: ............................................. ...........................

Consequently, I kindly ask you to return to me as quickly as possible and at the latest within 14 days following receipt of this letter, the sum of ___________________ [*amount] euros that I paid you when I placed my order, in accordance with with the provisions of article L. 221-24 of the Consumer Code.

Signature

Date : __________________________________________

[*Today’s date]

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