SCEA Domaine de la Bastide Neuve
Quartier Maltrate
83340 Le Cannet des Maures

Telephone : +33 (0)4 94 50 09 80
Fax: +33 (0)4 94 50 09 99

Civil company of farming at a capital of 1 524,49 Euros
R.C.S. Draguignan 347 823 197

The present sales conditions have been agreed on one side by the company SCEA DOMAINE DE LA BASTIDE NEUVE at a capital of 1524,49 Euros which has its registered office at Quartier Maltrate, 83340 Le Cannet Maures, registered at the trade and commercal register of Draguignan under the number R.C.S. Draguignan 347 823 197 hereafter called "DOMAINE DE LA BASTIDE NEUVE" and on the other hand by any physical or moral person who wishes to proceed a purchase via the internet page www.bastideneuve.fr of the DOMAINE DE LA BASTIDE NEUVE and hereafter called " the buyer ".

Purpose
The present sales conditions serve to define the contractual relationship between the DOMAINE DE LA BASTIDE NEUVE and the buyeras well as the conditions which will apply at each carried out purchase by using the Internet page www.bastideneuve.fr and the orders by mail, despite of the buyer beeing a professional or an individual consumer.

The present sales conditions govern especially the sales of wine and all other products of the shop.

The acquisition of a good or a service through the present Internet page imply the unconditional acceptance by the buyer of the present sales conditions.
These conditions will overrule all other general or particular conditions not expressively agreed by the DOMAINE DE LA BASTIDE NEUVE.
The click you will execute at step 5 of the purchase process for "validate and payment of your order" after having clicked on the option "You declare having taken notice of the general sales conditions" means that you have taken notice and accept irrevocably the general sales conditions online.
The DOMAINE DE LA BASTIDE NEUVE has the right to modify at any moment these general sales conditions. In this case, the applicable conditions will be those which were in place at the time of the order by the buyer.

Caracteristics of the offered products and services
The offered products and services are those mentionned in the catalogue published on the page of the DOMAINE DE LA BASTIDE NEUVE.
These products and services are offert subject to available stock.
Each product is accompanied by a description made by the supplier.
The photographs published in the catalogue are the best possible without representing a perfect similarity with the offered product, especially concerning the coulours.

General obligations of the parties
DOMAINE DE LA BASTIDE NEUVE engages, in case it accepts an order, to sell and deliver to the buyer all products ordered by him.
In case a product does not exist anymore (year sold out, etc), the DOMAINE DE LA BASTIDE NEUVE will propose an equivalent product. The delivery will only be executed after agreement of the buyer.
The buyer engages himself to indicate a delivery adress to the DOMAINE DE LA BASTIDE NEUVE, where the delivery can be executed during working hours.
The buyer must inform the DOMAINE DE LA BASTIDE NEUVE or modify himself online on our pages all modifications of  his personal datas : e-mail address, telephone, billing address and/or delivery address.

Prices
All prices appearing in the catalogue are prices including VAT, in euro and taking into consideration the VAT applicable the day of the order; all changes of VAT rates will be reflected on the price of the products or services.
The DOMAINE DE LA BASTIDE NEUVE has the right to modify at any moment the prices, but nevertheless the prices indicated in the catalogue the day of the order are the only applicable prices to the buyer.
The indicated prices include (or do not include) the order processing fees, the carriage fees and delivery fees as long as they are executed in the geographique zones envisaged hereunder.
The indicated total price of the confirmation of the order by the DOMAINE DE LA BASTIDE NEUVE is the final price. This price includes the products, the paking expenses and routing fees. The prices are all taxes included.

Geographical area
The sale online of the presented products and services on the Internet page are for residents in France, in the Dom-Tom and Monaco as well as for Europe and for deliveries required in these geographical zones only.

Orders
A buyer, who wishes to buy a product or a service online must :
- be registered by filling in the identification form on which he indicates all his personal datas;
- fill in the online order form by giving all the references of the products and services chosen by adding them to the order basket;
- carefully check the summary of order mentionning the products and the carriage fees, as well as the billing and delivery addresses;
- choose the method of payment offered in the conditions;
- confirm his order and his payment.

By confirming the order, the buyer accepts the present sales conditions, confirms having taken notice of this fact and renounces to prevail of his own purchase conditions or anyl other conditons.

All informations given and the registered confirmation will represent valualbe evidence of the transactions. The confirmation represents valuable signature and acceptance of the operations made.
The seller will communicate by e-mail the confirmation of the registered order.
The DOMAINE DE LA BASTIDE NEUVE has the right to cancel any order with a client, with whom a litigation concerning a payment of a former order exists.

Retractation
In application of the provisions of article L121.16 of the code of consumption, the buyer, physical person and non professional, disposes of a delay of 7 working days for retractation as of delivery of their order and returning the goods to the seller for exchange or refund without any penalty except the return carriage costs, indicating the reason of the return to the postal adress of the DOMAINE DE LA BASTIDE NEUVE or by e-mail to domaine@bastideneuve.fr. The articles have to be in the original packing together with the invoice.
The DOMAINE DE LA BASTIDE NEUVE promises to refund the buyer or to replace any product returned to the vineyard at the latest 15 days after reception.
In case of an exchange, the buyer will indicate the references of his new choice The amount of the new order must be at least equal to the value of the returned products. If there is any difference to be paid by the buyer, he will join a check of the corresponding amount. Opened or consumed products will be deducted from the total refund to the client.

Conditions of payment
The amount is payable at the time of order
Payments can be made by credit card (secured online payment), by check with the order of the DOMAINE DE LA BASTIDE NEUVE, by transfer or by money order.
The payments done by credit card will be made through the secured system of PAYBOX which uses the SSL protocol (Secure Socket Layer) in the way of having the transmitted informations coded by a software so that no other person can take note while it is sent off by the internet.
The payments done by mail will be carried out by printing and sending the purchase order edited on the page of the DOMAINE DE LA BASTIDE NEUVE along with the payment check or by the confirmation of a payment by transfer or money order.
The buyer's account will only be debited after delivery of the products or the services available and only of the amount of the products or services delivered.
At the buyer's request, he will receive a printed invoice showing the details of VAT.

Deliveries
The delivery will be executed to the address which the buyer indicates on the order form under the heading "Delivery Address" which can not be anywhere else than the agreed geographical area.
The products are at the buyers risk as soon as they have left the premises of the DOMAINE DE LA BASTIDE NEUVE. In case of damage during transport, the protest has to be formulated to the transport company no later than three days after delivery.
The delivery delay means the time needed for the preparation of the package and the time for the professional transport company in using his own logistic. The average delay is five days for the country we are delivering in but does not mean a conditional delay and the DOMAINE DE LA BASTIDE NEUVE can not be hold responsible for any delivery delay or out of stock situation.
The delivery delay will only be given as an indication; however if it exceeds thirty days as of the placement of sales order, the sales contract can be cancelled and the buyer refunded.
If you have chosen the payment by check or cash order, the order will only be handled after cashing in of the relevant amount and the delays will only start from this moment.
In case of break or destruction, you should refuse reception of the total delivery and contact us by e-mail, telephone or mail. You also have to mention it on the delivery order.

Warranties
All delivered products profit from the legal warranty envisaged by the articles 1641 and following of the french civil code.
In case of non conformity of a sold product, it can be returned to the supplier who will take it back, change it or make a refund.
All complaints, demands for exchange or refund must be made by mail and within thirty days after the day of delivery to the following address: Domaine de la Bastide Neuve, Quartier Maltrage, 83340 Le Cannet-des-Maures.
No sending for exchange will be accepted, whatever the reason will be.
In case of a refund, the DOMAINE DE LA BASTIDE NEUVE assures to execute it by check within thirty days after reception of the return parcel.

Duration of the validity of the offers
The sales offer of the products is always valid until the stock is sold out. In case of an ordered wine sold out, the DOMAINE DE LA BASTIDE NEUVE could modify the order, for instance by replacing it by the following year of production, or an equivalent product if the buyer agrees.

Cancellation clause
In case of non execution, totally or partial, of the buyer's obligations, and especially in case of non payment of part or the total of the due amount in relation with the order, the binding contract between the DOMAINE DE LA BASTIDE NEUVE and the buyer will be cancelled by all means and the service suspended as of the sending of a letter or an e-mail, without any right of refund or interests due to the cancellation.

Responsibility
The offered products are submitted to the french law in force. The DOMAINE DE LA BASTIDE NEUVE declines all responsability if the product does not correspond to the law of the country where the product is delivered. (censure, prohibition of a product, .....)

The seller is, in the process of a sale online, only kept to the obligation of means; its responsibility can not be engaged for a damage caused by using the Internet and the loss of informations, intrusion, virus, break down of services, or any other involuntary problem.

The DOMAINE DE LA BASTIDE NEUVE will apply all the care used by the profession for the implementation of the service offered to the client in the way that his obligation will be limited to an obligation of means. What ever happens, his responsibility can not be held up in the case of a lack of contract obligations due to fortuitous occurence or a cause beyond control including, but not limited to, a natural catastrophe, strikes, fire, water flood, failure or break down of material on transport facilities, communication or due to actions of the buyer. Finally, the buyer recognizes and accepts the risks due to the specifics of Internet and networks and especially eventuel transfers to all countries and the fact that the reatives informations and personel facts could be captured or transfered, especially in countries, where the same level of protection adequate for personel datas is not assured.

The buyer declares and assures that he does perfectly know the caracteristics and disadvantages of Internet, especially that the transmission of informations and personel facts on Internet can only profit from a relative technical reliability. The client recognises that all Internet pages can be victim of intrusions by non authorised third parties and by consequence can be corrupted, and the informations circulating on Internet are not protected against eventuel diversion (free acces), against probabel viruses, and that all persons willing to create a link give acces to the page and/or to elements from its content, and so the communication with the page will be made at his own risk and danger.

Intellectual property
All elements of the page of the DOMAINE DE LA BASTIDE NEUVE are and will be the exclusive intellectual property of the DOMAINE DE LA BASTIDE NEUVE.
Nobody is authorized to reproduce, to exploit, to show elsewhere, or to use for what ever reason, even partially, any elements of the page, nor in software or in visual or sound form.
Every link, simple or by hypertext, is strictly forbidden without the special written agreement of the DOMAINE DE LA BASTIDE NEUVE.

Personal informations
In line with the law concerning data processing, files and liberties from 6th January 1978, all nominatives informations from the buyer could be submitted to automatic treatment.
The DOMAINE DE LA BASTIDE NEUVE reserves the right to collect these informations concerning the buyer including using cookies and if he whises, to transfer the collected informations to commercial partners.
The buyer can oppose against the disclosure of his personal informations by indicating it to the DOMAINE DE
LA BASTIDE NEUVE. In addition, the users have the right of access to rectify their personal informations, in accordance with the law of 6th January 1978.
The automatic treatment of the personal informations, including the e-mail addresses of the users of the page, has been declared to the CNIL on 26th March 2005, and is registered under the number 1096668.

Filing - Proof
The DOMAINE DE LA BASTIDE NEUVE files the order slips and the invoices by a reliable and durable support in producing a true copy in accordance with article 1348 of the Civil Code.
The parties agree that these copies are considered as proof of communication, order, payment and transaction executed between the parties.

Applicable law and competent jurisdiction
The present sales conditions on line are submitted to french law.
In case of litigation, competence will be given to the court of Draguignan, which is the court reliable for the registered office of the DOMAINE DE LA BASTIDE NEUVE, notwithstanding plurality of defenders or warranty appeal.

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 is forbidden, the buyer engages himself by filling in the inscription form, of beeing over eighteen (18) years old at the date of the order by ticking the relevant box while creating his own account on the Internet page www.bastideneuve.fr