Terms of sale
of products sold on www.fincaportier.com
Last updated March 26, 2017
Article 1 – Purpose
The current terms govern sales by FINCA PORTIER SL with capital of €3,100.00 whose estate is located at Carretera Ronda La Vieja km. 3,9 – 29,400 Ronda (Malaga), with its registered office at Carretera MA 7402 – Partida Sanguijuela 884, 29400 Ronda (Málaga), Espana.
N° TVA ES B72282833
Finca Portier® is a registered trademark.
Article 2 – Price
The prices of our products are indicated in euros with all taxes included (VAT and other taxes applicable on the day of the order) unless otherwise indicated and exclude processing and shipping costs. When ordering to a country other than Metropolitaine France, the buyer becomes an importer of the product ordered. Customs duties, local taxes, import duties and state taxes may be due. These obligations and sums are not the responsibility of Finca Portier SL. They are entirely your responsibility including all declarations and payments required by the relevant organization in your country. All orders regardless of origin are payable in euros. Finca Portier reserves the right to modify its prices at any time but the product will be invoiced on the basis of the tariff in force at the time of validation of the order and subject to availability. The products remain the property of Finca Portier SL until full payment of invoice is received. As soon as you take physical possession of the products ordered the risks of loss or damage transfer to you.
Article 3 – Ordering
Orders can only be placed on the Internet at www.fincaportier.com. The contractual information is presented in French and will be confirmed by the time your order is validated. Finca Portier SL reserves the right to not register a payment and not confirm an order for any reason whatsoever, especially if there is a problem with supply or with the order received.
Article 4 – Validation of your order
Any order through the website www.fincaportier.com assumes adherence to the stated Terms of Sale. Any order confirmation signifies your full and complete agreement with the Terms of Sale without exception or reservation. All of the data provided and the recorded confirmation will be proof of the transaction and your declaration of being fully aware of it. Your order confirmation will serve as your signature and acceptance of the transaction. A summary of your order information and the Terms of Sale will be sent to you at the email address included in the confirmation of your order.
Article 5 – Payment
Validation of our order obligates you to pay the price indicated. You can pay by credit card or check.
- Payment by check: Checks must be written in euros and can only come from a bank based in France. When paying by check, the order will only be processed after the check is received. The check will be cashed upon receipt and the delivery process will start. The check must be made out to Finca Portier SL and sent to: Finca Portier SL, 59 avenue de la Bourdonnais, 75007 Paris.
- Payment by credit card:The transaction and payment are secure. We inform you that your credit card is charged when your payment is validated through the secure payment center Pay Pal, Paybox which sends you a confirmation of payment email. Your card is only debited when the order is shipped. With split deliveries, only the products shipped are debited.
Article 6 – Returns
In accordance with Article L.121-21 of France’s Code of Consumption, you have a 14-day period after receiving your products to return them for any reason without penalty. Products must be returned in their complete and original condition, including packaging, accessories and enclosed literature. You are responsible for returning any product in the proper condition. A damaged product may negate the return policy. Your payment plus shipping costs will be refunded on request, either by crediting your credit card if you paid by credit card or by bank transfer if you paid by check (consider attaching a RIB with bank account information to your request). If you make a return, Finca Portier SL will refund your payment within 14 days.
RETURN POLICY EXCEPTIONS:
In accordance with Article L.121-21-8 of France’s Code of Consumption, the return policy does not apply to:
- Services fully carried out before the end of the return period and whose execution began after the expressed prior agreement with the buyer and the buyer’s expressed renunciation of his right of return.
- Goods or services whose price depends on fluctuations in the financial markets beyond the control of the seller and which may occur during the return period.
- Goods made to the buyer’s specifications or clearly personalized.
- Goods that are liable to deteriorate or perish rapidly.
- Goods that have been opened by the buyer after delivery and can not be returned for reasons of hygiene or health protection.
- Goods which, after delivery and by their nature, are inseparably mixed with other items.
- Alcoholic beverages whose delivery is delayed beyond 30 days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the financial markets beyond the control of professionals.
- Audio or video recordings or computer software that have been unsealed by the buyer after delivery.
- Newspapers, periodicals or magazines except for contracts for subscription to these publications.
- Transactions concluded at a public auction.
- Digital content not provided on a physical medium whose execution began after the expressed prior agreement with the buyer and the buyer’s expressed renunciation of his right of return.
Article 7- Availablity
Our products are available if they appear on our website www.fincaportier.com and within the limits of our production and inventory. If a product is unavailable when you order we will notify you by email. Your order will be automatically cancelled and no banking debit will be made. We do not sell our products in large quantities over our website. Therefore, Finca Portier SL reserves the right to refuse orders of more than 50 identical items.
Article 8 – Delivery
The products are shipped to the delivery address stated when ordering and within the time period specified on the order validation page. If a shipment is delayed, an email will be sent informing you of the possible effect on your delivery time. Pursuant to legal provisions, if a delivery is delayed you can cancel the order under the terms and conditions defined in Article L 138-2 of France’s Code of Consumption. If you receive the product in the meantime, we will refund its value plus delivery charges under the terms of Article L 138-3 of France’s Code of Consumption.
If a delivery is made by a carrier, Finca Portier SL can not be held responsible for late delivery due exclusively to the unavailability of the customer after several attempts at arranging delivery.
- Delivery by La Poste in “Colissimo Suivi”:
With internet orders, you will be notified by automatic email when it is shipped.
Parcel delivery in France requires a recipient signature and if no one is available the parcel will be left at the nearest post office.
Parcel delivery in European areas requires a recipient signature and is carried out under La Poste agreements with providers in each country.
Shipping costs are automatically calculated according to the quantity and weight of the products ordered on the following basis:
- For Metropolitaine France, Corsica and Monaco
Set of 2 bottles: 8 EUR
SHIPPING IS FREE ON SETS OF 6 BOTTLES FOR DELIVERY IN METROPOLITAINE FRANCE, CORSICA AND MONACO.
- European areas
Set of 2 bottles: 16 EURSet of 4 bottles: 22 EUR
Set of 6 bottles: 30 EUR
- Deadline for Colissimo delivery
Finca Portier SL agrees that the deadline for deliveries in Metropolitaine France, Corsica and Monaco is 8 working days from the payment confirmation date. Finca Portier SL agrees that the deadline for deliveries to European areas is one month from the payment confirmation date.
- Express Delivery by Chronopost
Finca Portier SL does not offer this service at this time unless expressly requested when ordering.
The buyer is obligated to check the condition of the parcel when it is handed to him and check that the products delivered match the order. Any complaint about packaging or wrong products being delivered must be made by the buyer within 72 hours of receipt by registered letter with a request for notice of receipt to both the carrier whose address is on the delivery order and to Finca Portier SL. An email may also be sent to this address: firstname.lastname@example.org.
Any complaint about apparent defects in a delivered product must be made by the buyer within 8 days of receipt by registered letter with a request for notice of receipt to Finca Portier SL or by email to this address: email@example.com.
It is the buyer’s responsibility to provide Finca Portier SL with justification for the claim. If a claim is accepted, the conditions for reimbursement or exchange are provided below. If a claim is not made within the deadlines mentioned above, the products will be considered accepted by the buyer.
Article 9 – Warranty
Our products come with the “garantie legale de conformite et de la garantie des vices caches” (legal guarantee of compliance and the guarantee of hidden defects) as provided by Articles 1641 of France’s Civil Code. If a product is not compliant, it can be returned, exchanged or refunded.
All complaints and requests for exchange or refund must be made by mail within 30 days of delivery.
Products must be returned in the condition received with all elements included (accessories, packaging, brochure). The shipping costs will be refunded to you on the basis of the invoiced rate and return costs will be reimbursed on presentation of supporting documents by crediting your credit card if you paid by credit card or by bank transfer if you paid by check (consider attaching a RIB to your request).
The provisions in this Article do not prevent you from exercising your rights of return outlined in Article 6.
Article 10 – Liability
The products offered conform to current French regulations. Finca Portier SL can not be held liable for failure to comply with the laws of the country where the product is delivered. It is your responsibility to verify with local authorities the rules of importing or using the products or services you intend to order.
Furthermore, Finca Portier SL can not be held liable for damages resulting from improper use of the product purchased.
Finally, Finca Portier SL can not be held responsible for any inconvenience, complications or damages inherent in Internet use, including a disruption in service, an external intrusion or the presence of computer viruses.
- If a product is damaged:
Please note your complaint on the carrier’s documents or refuse delivery and notify us by mail. This procedure is required for exchange or refund of the item ordered, including return shipping costs, as soon as possible. We are responsible for getting the order to the place of delivery but can not be held responsible if the order can’t be delivered by no fault of our own (no one home, wrong wording in the address, etc.), so please be certain the delivery address is accurate. Any inaccuracy can result in significant delay and additional costs that will be passed on to you. Finca Portier SL is not responsible for any delay in delivery due to force majeure (strike, protest, bad weather, etc.).
Article 11 – Applicable law for disputes
The contract of sale is governed by French law, and all disputes relating to its interpretation or breach of contract will fall under the jurisdiction of the defendant’s residence, the jurisdiction of the delivery address or the jurisdiction of the service provider.
Article 12 – Intellectual Property
All elements of the site www.fincaportier.com are and will remain the intellectual and exclusive property of Finca Portier SL. No part of this site may be reproduced, exploited, rebroadcast or used for any purpose whatsoever, including software, visual or audible. Any simple or hypertext link is strictly forbidden without the express written consent of Finca Portier SL.
Article 13 – Personal data
Finca Portier SL reserves the right to collect your personal information and data. This information is necessary to manage your order, as well as to improve the services and information that we provide you. More generally, your data can enable us to carry out:
- operations related to customer management concerning: contracts; orders; deliveries; billing; accounting (especially managing accounts receivable); a loyalty program involving one or more legal entities; customer relationship monitoring through satisfaction surveys, etc; managing claims and after-sales service of prospecting operations;
- the management of technical operations of prospecting;
- the development of trade statistics;
- the management of requests for the right of access, modification and the right to contest;
- the management of delinquent payments and outstanding litigation, provided that it does not bear on any offenses and/or does not exclude a person of any right or of any provision of a contract.
- the management of personal reviews on products or services.
The information can also be provided to companies that contribute to these relationships, such as those responsible for the delivery of services and orders for their management, execution, processing and payment, or marketing actions.
The information and data are also kept for security purposes in order to comply with legal and regulatory requirements.
In accordance with France’s Act of 6 January 1978, you have the right to access, modify or contest personal information and data about you directly on the website.
Cookies we use:
In accordance with France’s Data Protection Act of 6 January 1978 you have the right to access and correct your personal data. Through us you may receive proposals from other companies or organizations or be informed of our offers by phone, mail or email.
If you do not wish to receive them, simply write to us by letter or e-mail stating your name, address and customer number. Follow the same procedure if you no longer wish to receive offers or special promotions.
Send your letters to Finca Portier SL, 59 avenue de la Bourdonnais, 75007 Paris or contact us by email at firstname.lastname@example.org
Article 14 – Archiving Records
Finca Portier SL will archive purchase orders and invoices on a reliable and permanent basis constituting an accurate copy in accordance with the provisions of Article 1348 of France’s Civil Code.
The computerized records of Finca Portier SL will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.