General terms and conditions of sale

These terms and conditions of sale are concluded on the one hand by SPH GERARD BERTRAND, a simplified joint-stock company (SASU) with a share capital of €6,000,000, whose registered office is located at route de Narbonne Plage 11100 Narbonne, registered in the Narbonne trade and companies register under SIREN number 382338952, hereinafter referred to as "SPH", and on the other hand, by any natural or legal person wishing to make a purchase via the website of Société Tourisme Hospitalet, hereinafter referred to as "the Client".

Subject of the contract

These general terms and conditions of sale are intended to set out the contractual provisions between SPH and the Client and the conditions applicable to any purchase made through the merchant site gerard-bertrand.com, for the consumer. The acquisition of a good, product or service through this site implies unreserved acceptance by the client of these terms and conditions of sale.

Legal information

Alcohol abuse is dangerous for your health. Drink responsibly. 

Ordinance No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974 prohibit the sale and offer of alcoholic beverages to minors and those treated as such. Consequently, by completing your Order Form, you acknowledge that you have the legal capacity to enter into this contract.

In accordance with the provisions of Law No. 78-17 of 6 January 1978, the site www.boutique.gerard-bertrand.com has been declared to the Commission Nationale de l'Informatique et des Libertés. In application of the Data Protection Act, the information requested from you is essential for the processing of your order and is intended for SPH and SPH Gérard Bertrand departments.

You have the right to access, modify, delete and rectify your personal data. Through us, you may be led to receive offers from other companies. If you do not wish this, simply write to us indicating your surname, first name, address and, if applicable, your customer number.

This right must be exercised with:
- By post to:

IT department
SPH GERARD BERTRAND
Château l'Hospitalet - route de Narbonne Plage
11100 NARBONNE - France

- By email at dpd@gerard-bertrand.com with proof of your identity.

Data controller: Mr Gérard Bertrand

SPH collects personal data concerning the Buyer and, where applicable, the recipient of the Order. The purposes, recipients, retention periods and conditions under which SPH collects and processes personal data are set out in the site's Terms of Use and the site's PRIVACY POLICY, which details all information relating to the processing of personal data as well as the rights of the individuals concerned in connection with such processing. 
 

Characteristics of items offered for sale

The items offered are those listed in the catalogue published on the boutique.gerard-bertrand.com website. These items are offered subject to available stock. Each item is accompanied by a description drawn up by boutique-gerard-bertrand.com. The catalogue photographs are as faithful as possible but cannot guarantee a perfect likeness to the item offered.

 

Geographical area

Online sales of the items presented on the site are reserved for buyers residing in metropolitan France, Ireland, the Netherlands, Germany, Belgium, Luxembourg, Spain, Italy, Portugal, the Czech Republic, Slovenia, Slovakia, Estonia, Lithuania, Latvia and Monaco.

Prices

The prices listed in the catalogue are inclusive of VAT in euros, taking into account the VAT applicable on the date of the order; any change in the rate may be passed on to the price of the items. SPH reserves the right to modify its prices at any time, it being understood that the price shown in the catalogue on the date of the order will be the only price applicable to the Client. The prices indicated do not include order processing fees. Prices are valid only for metropolitan France.

Shipping costs, customs duties and formalities are the sole responsibility of the clients.

Orders

The client places an order on the website https://www.gerard-bertrand.com. To purchase one or more items, they must follow the order process below:
- Selection of items and addition to the basket
- Confirmation of the basket contents
- Identification on the website and registration on the identification form, on which they will provide all the required details
- Choice of payment method and acceptance of the general terms and conditions of sale
- Payment confirmation

The client will receive an order confirmation email.

At any point during the order process, the client will be able to view the details of their order as well as the total price and correct any errors, before confirming it to express their acceptance.

SPH retains ownership of the items until full payment of the order, that is, until receipt of the order price by Société Tourisme Hospitalet.

SPH reserves the right to cancel or refuse any order from a Client with whom a dispute exists relating to the payment of a previous order, or a client who does not have the legal capacity to contract. Any order constitutes acceptance of the prices and descriptions of the items available for sale.

SPH undertakes to fulfil orders received on the website only within the limits of available stock, except in the event of a pricing error, in which case the order will be cancelled and the client fully refunded.

Gift Card

1. Validity: The gift card is valid for a period of 12 months from the date of purchase. It cannot be exchanged for cash, nor refunded in part or in full.
2. Use: The gift card can only be used on the Gérard Bertrand website (https://www.gerard-bertrand.com). It can be used to purchase all available products, including those on promotion.
3. Amount: The gift card is available in several predefined amounts. If the amount of an order exceeds the value of the gift card, the difference must be paid by another payment method accepted by the site. If the amount does not exceed the value of the gift card, the remaining balance can be used on a future order by using the same code at the time of the next purchase.
4. Combining: Several gift cards may be used for a single order.
5. Loss/Theft: The Gérard Bertrand website is not responsible in the event of loss, theft or fraudulent use of the gift card. No replacement or refund will be made.
6. Returns: If a product purchased with the gift card is returned, the corresponding amount will be re-credited to the gift card. No cash refund will be made.
7. Transferability: The gift card is not personal and may be transferred but cannot be sold or exchanged.
8. Personal data: The information collected when purchasing a gift card is subject to the site's privacy policy.
9. Amendments: Gérard Bertrand reserves the right to modify these general terms and conditions of sale at any time. The applicable conditions will be those in force on the date the card is used.

Payment methods

Payment for purchases is made via one of the following methods, at the Client's convenience:
- By e-gift card Gérard Bertrand (16-digit code shown on the card)

- By bank card via Shopify payments

- By PayPal

Order verification
In view of the increase in fraud recorded in the context of online commerce and in order to secure payments, for any order placed by a client on the boutique.gerard-bertrand.com website, SPH GERARD BERTRAND will carry out a verification of the order details prior to delivery.

As part of this verification, SPH GERARD BERTRAND reserves the right, taking into account the destination, amount, rarity or type of products ordered, to require the client to provide proof of identity and proof of address, or a Kbis extract for legal entities.

In the event of the client's express or tacit refusal to provide the requested documents, or in the event of non-compliant documents, SPH GERARD BERTRAND will proceed with the cancellation of the transaction and immediate reimbursement to the client's bank account. Tacit refusal is defined as the absence of a response from the client within 15 days of the request for documents.

Dispatch and delivery times

Any express order placed and paid for on the SPH website before 9 a.m. From Monday to Friday (excluding weekends and public holidays) will be prepared and dispatched on the same day, subject to payment validation.

Example: An express order placed on Friday before 9:00 a.m. Is prepared on Friday and delivered from Tuesday. An express order placed on Friday after 9:00 a.m. Goes into preparation on Monday and can be delivered from Wednesday. An order placed on Monday after 9:00 a.m. Is prepared on Tuesday, dispatched on Wednesday and can be delivered from Friday.

SPH undertakes to deliver orders placed by the Client within the agreed timeframes. If the said items have not been delivered within 7 days of the delivery date scheduled at the time of the order, and if this delay is not related to a case of force majeure, the Client may proceed with the cancellation of the sale by sending a recorded delivery letter with acknowledgement of receipt to the following address: SPH GERARD BERTRAND E COMMERCE Château l'Hospitalet - route de Narbonne Plage
11100 NARBONNE - France. The sums paid by the Client will then be refunded in full.

The indicative delivery time for French customers is as follows: 2 to 5 working days

The client has a period of 30 working days from the date of dispatch of the order to report non-receipt and request cancellation of the sale and a refund of the items. After this period, no cancellation of the sale will be accepted.
The client is required to check the condition of the items delivered. Any anomaly noted (missing item, damaged parcel, broken item…) must be reported within 3 days of receipt to SPH.

Circumstances beyond our control
We cannot be held liable for loss, damage, errors or failure to deliver a shipment where it is established that circumstances beyond our control exist. By "circumstances beyond our control", this means in particular:
- fortuitous events or force majeure, namely in particular: earthquakes, cyclones, storms, floods, wars, road, rail and air accidents, embargoes...
- any defects or particularities related to the nature of the shipment, even if these were known to us at the time of our acceptance,
- any act, omission or negligence of any third party, for example: the recipient, any interested third party, any customs officer or officer of any other authority, postal services, any carrier or other third party to whom the shipment is entrusted by our transport provider, to serve areas not directly served by them, even if the sender had not requested or been informed of the use of a third party.

Indirect damages

SPH GERARD BERTRAND shall only be liable for reimbursement of the delivery service under the reservations set out above (Delivery Delay) and in no case for indirect damages that the client may invoke. These indirect damages and losses include in particular any loss of revenue, profits, interest or markets and any loss related to the inability to use all or part of the shipment.

Breakage during dispatch

If a parcel arrives at the recipient's address damaged (breakage of one or more bottles), the recipient must refuse the parcel. The carrier will be responsible for informing SPH GERARD BERTRAND. Upon receipt of this information, SPH GERARD BERTRAND undertakes to immediately re-dispatch an identical parcel to the recipient. Under no circumstances may the client demand a refund of the product and the delivery charge.

Withdrawal period: exchange or return

Clients who are non-professional individuals benefit from a withdrawal period of fourteen days from the delivery of their order to return the product to SPH GERARD BERTRAND for exchange or refund without penalty and without return costs.
Return costs are covered by SPH GERARD BERTRAND. The Client will be fully refunded as soon as possible and no later than 14 days after the date on which they exercised their right of withdrawal.

Conditions for exchange and return for refund
Returned items must be intact, unopened and in perfect condition. They must be returned in a condition that allows them to be resold.

The Client must make their return via Chronopost.

Should the Client return items by any other return method, bearing the associated return costs, they would not be entitled to any refund or exchange from SPH.

The client must retain proof of deposit of the parcel with the return service provider. In the absence of this proof, no exchange or refund can be made in the event of loss of the parcel.

Liability

The liability of SPH GERARD BERTRAND cannot be engaged in the event of non-performance of the contract, in the event of stock shortage or unavailability of the product, force majeure and, in particular in the event of a total or partial strike, flooding, fire or other natural disasters and, in general, any events preventing the proper execution of the order.

Electronic signature

The "OK" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has the same value, between the parties, as a handwritten signature.

Proof

Computerised records, kept in SPH's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.

Amicable settlement of disputes

These general terms and conditions of sale above are governed by French law. In the event of difficulties in the application of these general terms and conditions of sale, we invite you to seek an amicable solution by first contacting SPH GERARD BERTRAND. 

Signed proof of delivery

We undertake to provide free telephone information on the delivery status. You will be able to consult and print a signed proof of delivery issued by the recipient of your order on the website of our partners DHL, Chronopost, GLS, Kuhne Nagel and Mondial Relay.