Terms of Sales
These General Conditions of Sale, hereinafter referred to as GCS, govern the general conditions of sale of the company Oé SAS registered with the RCS of Lyon under number 815 346 309 and whose head office is located at 69 rue Gorge de Loup 69009 Lyon, ci -after titled Oé. The T&Cs include the personal data protection policy.
The GCS are those in force on January 1, 2020. This version cancels and replaces the previous versions.
Oé has the value of promoting viticulture that meets two specific criteria: (i) respect for the expression of the terroir of cultivation through the organoleptic expression of the wines that come from it, and (ii) the marketing of wines produced responsibly, that is to say in particular respecting the economic, social and ecological environment in which it is produced.
Oé is a B Corp committed to the common good. Oé aims to produce wines with winegrowers and to ensure their marketing.
Sales are governed exclusively by the T&Cs, to the exclusion of all conditions and that they shall prevail, where applicable, over any other version or any other document.
The T&Cs are made available to consumers on the Oé website and can be consulted directly. The T&Cs include the personal data protection policy.
The purchase of a product on the Oé site implies full and unreserved acceptance of the GCS by the buyer. Oé reserves the right to modify the T&Cs at any time without notice.
In the event of modification, the general conditions of sale applicable are the CGV in force on the date of the order. Oé keeps a copy of each version of the T&Cs. Earlier versions are available upon simple request to firstname.lastname@example.org.
The fact that Oé does not claim the application of a clause of the GCS or accepts its non-performance, whether temporarily or recurring, cannot be interpreted as a definitive waiver of its non-application or as a definitive acceptance of its non-performance. .
Unless otherwise indicated, the prices of the products indicated on the general public website and on all documents intended for the general public are expressed in euros, all taxes included and excluding processing and shipping costs. Unless otherwise indicated, the prices indicated on the website intended for professionals and on all documents intended for professionals are expressed in euros excluding tax and excluding processing and shipping costs.
Unless otherwise specified, all orders are payable in euros.
Any change in taxation (change in the applicable VAT rate, creation or modification of a tax or contribution, change in excise duties, etc.) will be automatically and without notice passed on to the sale price of the products.
Unless agreed in advance with the buyer, Oé reserves the right to change prices at any time without notice.
Unless otherwise indicated or agreed in advance with the buyer, in the event of an order to a territory outside mainland France, the latter will be responsible for customs and import duties as well as local or state taxes both in terms of declarations as payments to the competent authorities or their representatives.
The product will be invoiced by Oé to the buyer on the basis of the price in force at the time of validation of the order and subject to product availability. Oé undertakes to regularly check that all the prices communicated on the site or in the communication documents are correct. However, if an error in the price of an item should occur, Oé will ask the buyer to confirm his order on the basis of the corrected price for it to be accepted. In the event of non-confirmation, the order will be automatically cancelled. In the event that Oé fails to contact the buyer for this purpose within a reasonable time, the order will automatically be cancelled.
When purchasing, the buyer provides a certain amount of information, either on the website or by e-mail exchange.
In accordance with the law relating to data processing, files and freedoms of January 6, 1978 known as “Data processing and Freedom” as well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, Oé may carry out automated processing of the buyer's nominative information.
Oé undertakes to fulfill orders only within the limits of available product stocks. In the event of unavailability, Oé undertakes to inform the buyer promptly. Oé reserves the right to refuse any order if the quantities of products ordered are abnormally high.
The validation of the order implies for the buyer the obligation to pay the price indicated on the order confirmation.
The products remain the entire property of Oé until full payment of the price by the buyer.
In the event of a purchase made by a non-professional buyer on the Oé website, the latter benefits from a withdrawal period of fourteen (14) days from the delivery of his order. Within this period, he must return the product to Oé by any means at his convenience for exchange or reimbursement without penalty, with the exception of the return costs which are his responsibility. To exercise his right of withdrawal, the buyer must inform Oé by email at email@example.com indicating elements clearly allowing the order concerned to be identified (date, name of the buyer, order number, etc.) . In the case of an exchange of products, the reshipment will be at the buyer's expense. The products must be returned in a condition allowing them to be marketed as new. In particular, their labeling is considered an integral part of the product and must not be damaged or stained.
Returns are made to the following address: Oé, 69 rue Gorge de Loup 69009 Lyon, France. Any damage suffered by the product during its return is the responsibility of the buyer and may defeat the right of withdrawal. It is therefore strongly advised to return the product in its packaging used by Oé for its initial shipment. Upon receipt of the product, and if all the previous conditions are met, Oé will reimburse the buyer for all sums paid using the same means of payment as that used by the buyer during the initial transaction, unless expressly agreed by Oé. and under deduction of the additional costs caused by a change of means of payment if the buyer so requests. In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal provided for in the event of distance selling cannot be exercised in particular for contracts for the supply of goods which have been unsealed by the buyer after delivery. and which cannot be returned for reasons of hygiene or health protection.
All products offered for order by Oé benefit from the legal guarantee of conformity and the guarantee against hidden defects.
They comply with current French legislation. Oé cannot be held liable in the event of non-compliance with the legislation of a third country where the product is delivered, in particular with regard to the legal mentions of the labeling. It is up to the buyer to check with the local authorities the possibilities of importing or using the products ordered.
Oé cannot be held liable for damage resulting from improper use of the product, in particular the buyer acknowledges that the product contains or may contain alcohol and that alcohol abuse is dangerous for health. Oé cannot be held responsible for any intolerances or allergies of the consumer, in particular those related to sulphites.
Oé cannot be held liable 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.
Oé archives the invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1360 of the Civil Code. Oé's computerized registers will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
In the event of a dispute following a purchase made on the website by a non-professional, the latter must first contact Oé by e-mail at firstname.lastname@example.org. In the event of failure of the complaint request or in the absence of a response within two months, he may submit the dispute opposing him to Oé to the Fevad e-commerce mediator service (http:// www.mediateurfevad.fr/) who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching a solution. The buyer and Oé remain free to accept or refuse recourse to the settlement of a dispute by means of 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 Lyon. The T&Cs are therefore subject to French law.
If any of the clauses of the T&Cs proves to be invalid under a rule of law or a court decision, it would then be deemed unwritten and would not result in the nullity of all the T&Cs nor the validity of its other provisions.