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General terms and conditions of sale
Alcohol abuse and protection of minors: In application of article L 3342-1 of the French Public Health Code, amended by Law no. 2009-879 of July 21, 2009, prohibiting the sale of alcoholic beverages to minors under eighteen (18) years of age, the Customer undertakes, by validating his order, to be at least eighteen (18) years of age on the date of the order.
Article 1 – Application of the General Sales Conditions
These general terms and conditions of sale (hereinafter referred to as the “GCS”) apply to all sales concluded by SARL GIACONDA-FAMILLE BRECHET (hereinafter referred to as “the Seller”) (Société à responsabilité limitée d’exploitation agricole au capital de 137 204.12 €, having its registered office at 501 route de Courthézon Château de Vaudieu 84230 Châteauneuf-du-Pape, registered with the RCS of Avignon, under the number 421 730 037, n° TVA Intra FR14421730037 email@example.com +33 (0)4 90 83 70 31) and are intended in particular to define the terms and conditions of ordering, payment, delivery and management of any replacements for wines produced by the Domaine offered by the Vendor to consumer and non-professional customers (hereinafter referred to as the “Customer(s)”).
These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
They are accessible at all times on the Internet Site: “chateaudevaudieu.com” (hereinafter referred to as the “Internet Site”) and are systematically communicated to all Customers prior to placing an order. Where applicable, they will prevail over any other version or any other contradictory document, in particular catalogs, advertisements and notices, which are for information purposes only and are non-contractual.
Article 2 – Goods
The Goods governed by these GCS are the wines produced and bottled by the Domaine that appear on the Vendor’s Website.
The main characteristics of the wines are described on the product sheets included in the documents and communication media, as well as on the website. In particular, the product sheets give information on the color, grape varieties, medals, PDO and, where applicable, storage and tasting conditions of the Domaine’s wines.
Wines are stored at the Domaine in a room at a temperature adapted to the characteristics of each wine.
The Customer acknowledges that he is aware of the special conditions of storage, particularly with regard to temperature and humidity, and the handling of the Goods, and undertakes to comply with these conditions.
The photographs and graphics presented on the Website and in the sales documentation are not contractual and do not engage the responsibility of the Vendor.
Offers of Goods are subject to availability, as specified when the order is placed.
Article 3 – Order process
The Site makes it possible to order a selection of Goods online for delivery under the conditions set out in article 5 hereof.
The customer may also place an order by e-mail by contacting our customer service department.
3.1 On-site ordering
It is the Customer’s responsibility to select the Goods they wish to order on the Website, according to the following procedures:
Orders are taken by the Customer filling in a dematerialized order form (“Basket”), mentioning the references of the desired Goods, the quantities and the delivery information.
The customer has the opportunity to check the details of his order, its total price and to correct any errors before confirming his order. It is the customer’s responsibility to check the accuracy of the order and to report or rectify any errors immediately.
A customer account is required to place an order on the Site:
– if you already have a customer account, you will need to identify yourself by entering your password;
– if you do not yet have an account, you will be asked to create one by confirming your e-mail address and creating a password.
The registration of an order on the Website is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box, validates the order and pays for it.
Validation of the order by the Customer by “double-clicking” will be considered as an electronic signature; the first click will validate your order, the second will definitively confirm the order after having checked it and, if necessary, corrected it.
Once the order has been paid for, it cannot be modified or cancelled, except in the event of withdrawal or force majeure.
All orders can only be validated if accompanied by payment in accordance with the terms of article 4 herein. If payment is not received by the Vendor within thirty (30) minutes of the order being placed, the order will be automatically cancelled.
The Vendor confirms the order to the Customer by e-mail, summarizing the order, the total amount, information concerning the cost and delivery time, the essential characteristics, quantity and price of the Goods purchased.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order, or if the Vendor reasonably believes that the Customer has breached the GTC or engaged in fraudulent activity, or for any other legitimate reason.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, constitutes the formation of a contract concluded remotely between the Customer and the Vendor.
In accordance with article L 213-1 of the French Consumer Code, when the order is for an amount equal to or greater than one hundred and twenty euros (€120), the Vendor shall keep the written record of the contract concluded with the Customer by electronic means for a period running from the conclusion of the contract to the date of delivery of the Goods, and for a period of ten years (in compliance with decree 2005-137 of February 16, 2005). The customer has access to this document at any time, upon request to Customer Service after providing proof of identity.
3. 2 Ordering by e-mail
The Customer may place an order by e-mail when he is ordering outside of France to firstname.lastname@example.org, indicating the following information:
– Goods information: references of the goods ordered and quantities required;
– Personal data: titles, first names, surnames, telephone numbers, e-mail address, delivery address or pick-up location, and where applicable, billing address.
The Vendor will indicate the availability of the product, the purchase price and the estimated time of delivery or collection, as well as its costs, and will send the customer these General Terms and Conditions together with the order form.
By signing and returning to the Vendor the General Terms and Conditions and the Order Form, the Customer indicates his intention to proceed with the order. He will receive a payment link, if applicable, and may proceed with payment via this link, by bank transfer or by cheque under the conditions described in article 4 hereof.
The sales contract will be formed once the order has been placed and the Goods have been delivered or collected under the conditions indicated in article 5 of these GCS.
3.3 Minimum order
All orders must be for a minimum of six (6) 75 cl bottles and must correspond to a multiple of six (6) whether they are the same bottles or a composition of different bottles (panaché).
3.4 Availability of Goods
In the event of stock shortage or destruction of the Goods before the scheduled delivery date, the Seller will offer an equivalent Good (in price and/or value), the Customer will be entitled to refuse this offer, in which case the Sale will be cancelled and the Customer will be reimbursed for the sums paid by him within thirty (30) days of the order date, to the exclusion of any other compensation.
Article 4 – Rates and payment methods
The prices of the Goods indicated on the Website and on the Seller’s commercial documentation are in euros, inclusive of all taxes, plus delivery and packaging costs, calculated according to the place of delivery and the quantity of Goods ordered and mentioned on the order confirmation and on the invoice. The payment requested from the Customer corresponds to the total amount of the purchase.
The prices of Goods may change at any time depending on the Domaine’s pricing policy. Goods ordered are invoiced at the price in force at the time the order is placed. Merchandise offers and prices are valid only as long as they are visible on the Website and within the limits of available stocks.
Special pricing conditions may be applied according to the Customer’s specific requirements, in particular concerning delivery terms and deadlines, or payment deadlines and conditions. In such cases, the Vendor will send the customer a special commercial offer.
The price is payable in full on the day the order is placed.
When the order is placed on the Website, payment is made :
Exclusively by credit card, indicating the card number, validity date and three-digit security number in the space provided.
When the order is placed by e-mail, payment is made, at the customer’s option, by cheque to the order indicated on the invoice, by bank transfer or via a payment link, under the conditions specified above.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Goods ordered.
Article 5 – Collection and delivery of Goods
The Goods ordered by the Customer will be delivered within the period specified on the Order Confirmation.
When the order is placed on the website, the goods will be delivered to the address provided by the customer, or to a relay point selected by the customer when placing the order.
When the order is placed by e-mail, the goods will be delivered, at the Customer’s choice, to the address duly provided by the Customer, to a selected relay point, or may be collected from the Domaine.
An e-mail confirming dispatch of the order with the electronic invoice attached will be sent to the Customer.
This period does not constitute a strict deadline, and the Vendor undertakes to make every effort to ensure that delivery is made as soon as possible. The usual delivery time is two (2) to eight (8) working days from the date of receipt of payment by the Vendor, except in exceptional circumstances.
The Vendor shall not be held liable to the Customer for any delay in delivery not exceeding thirty (30) calendar days from the date of validation of the order.
In any event, the Vendor cannot be held responsible for exceeding deadlines, particularly in the following cases, which will extend the agreed deadlines:
– due to negligence or omissions on the part of the Customer;
– total or partial non-fulfilment of the Customer’s obligations, in particular full and timely payment of the wines ordered;
– due to force majeure.
Any parcel returned to the Vendor because of an incorrect or incomplete delivery address will be reshipped at the Customer’s expense.
The transfer of ownership of the Seller’s Goods to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Goods. However, the transfer of the risks of loss and deterioration of the Goods will occur at the moment the Customer takes physical possession of them.
Article 6 – Right of withdrawal
In accordance with article L 221-18 of the French Consumer Code, the Customer has a period of fourteen (14) calendar days from receipt of the Goods, or the last package if the order has not been delivered simultaneously, to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Goods are returned in their original packaging and in perfect condition within fourteen (14) calendar days following notification to the Vendor of the Customer’s decision to withdraw.
Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new, accompanied by the purchase invoice. Damaged, soiled or incomplete packages will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the Vendor’s website, in which case the Vendor will immediately send the Customer an acknowledgement of receipt. The right of retraction must be exercised via the website, from the customer account, where the customer can make a request for reimbursement. As soon as we have validated the request, we will reimburse the goods.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Goods purchased and the delivery costs will be reimbursed, with the cost of returning the Goods remaining
at the Customer’s expense. Returns will be made at the Customer’s initiative and must be sent to the address: 501 route de Courthézon, 84230 Châteauneuf-du-Pape au Château de Vaudieu.
The refund will be made by the same means of payment used for the initial transaction and as soon as possible and at the latest within fourteen (14) days from the recovery of the Products in resalable condition.
Article 7 – Reservations on delivery – Returns and exchanges of Goods
No return or exchange of Goods will be made after delivery unless the Customer has exercised his right of withdrawal or if the Customer has expressed reservations on delivery under the conditions set out below.
When the Goods are delivered to the address indicated by the Customer, the latter is required to check the condition of the packaging (warranty strip, damaged parcel, wine stain, etc.) and the contents of the parcel(s)/pallet(s) on delivery (nature of the Goods, quantity, etc.).
In the event of damage or non-conformity, the Customer must refuse the Merchandise (in the event of a major defect) and express reservations on the delivery note, specifying the anomalies noted. The Customer must also notify the Vendor within forty-eight (48) hours of delivery by e-mail to email@example.com or by telephone on 04.90.83.710.31, specifying the batch number of the product in question, the delivery date and the number of the delivery note concerned.
The Vendor will return or replace, at his own expense, any Goods which are missing or which the Customer has duly proved to be non-conforming (photographs). If the non-conforming Goods are in a condition to be transported, the Seller will, at its own expense, recover them within fourteen (14) working days.
No claim will be validly accepted if the Customer fails to comply with these formalities.
Article 8 – Seller’s liability and warranties
The Goods sold by the Domaine comply with the regulations in force in France, and are covered by the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the Goods delivered and rendering them unfit for their intended use, of design or manufacture affecting the Goods delivered and rendering them unfit for their intended use, and under which the Customer may, within two years of discovery of the defect, either request resolution of the sale or a reduction in the sale price in accordance with articles 1641 et seq. of the French Civil Code.
The Vendor’s liability may only be incurred in the event of proven fault or negligence and is limited to direct loss to the exclusion of any indirect loss. In any event, the Vendor may not be held liable in the following cases:
In the event of misuse of the Goods supplied by the Seller, negligence on the part of the Customer or a third party,
In the event of force majeure,
In the event of fraudulent use of the Customer’s means of payment,
The Seller’s warranty is, in any event, limited to the replacement or reimbursement of non-conforming or defective Goods.
Article 9 – Anticipation
The present GCS expressly exclude the legal regime of unforeseeability provided for in article 1195 of the French Civil Code for all operations involving the Sale of Goods from the Vendor to the Customer. The Vendor and the Customer hereby waive their right to avail themselves of the provisions of article 1195 of the French Civil Code and of the unforeseeable circumstances regime provided for therein, and undertake to assume their obligations even if the contractual balance is upset by circumstances which were unforeseeable at the time the sale was concluded, even if their performance proves excessively onerous, and to bear all the economic and financial consequences thereof.
Article 10 – Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or climatic contingencies beyond the Parties’ control.
Article 11 – Intellectual property
The Seller retains all industrial and intellectual property rights relating to the Goods, logo, editorial and graphic content, presentation of descriptions and product sheets, which may not be communicated or performed without its written authorization.
Article 12 – Miscellaneous provisions
The Vendor reserves the right to modify these GTC in the event of technical modifications or legal changes which may affect these GTC. Such modifications will only apply to future orders, and the version applicable to the Customer’s purchase is the one in force on the Website at the date the order is placed.
If any of the clauses of these GCS are found to be invalid for any reason whatsoever, only the clause in question will be deemed unwritten, the other clauses remaining valid and enforceable in all their effects.
Article 13 – Personal data
The personal data collected from Customers (hereinafter referred to as the “Data”) is subject to computer processing by the Vendor, and is essential for processing the Customer’s order. It is recorded in the Customer file for security purposes, in order to comply with legal and regulatory obligations. They will be kept for as long as necessary for the execution of orders and any applicable guarantees.
The Vendor is responsible for processing the Data. Access to the Data will be strictly limited to its employees, authorized to process them by virtue of their functions, and may be communicated to third parties contractually bound to the company for the performance of subcontracted tasks, with strictly limited and supervised access; without the Customer’s authorization being necessary.
Apart from the cases set out above, the Vendor will not sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer, unless compelled to do so for a legitimate reason.
If the Data is to be transferred outside the EU, the Customer will be informed and the guarantees taken to secure the data (for example, the external service provider’s adherence to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to him.
In accordance with applicable regulations, the customer has the right to access, rectify, delete and port his or her personal data, as well as the right to object to the processing of such data for legitimate reasons. These rights may be exercised by contacting the data controller at the following postal or e-mail address: 501 route de Courthezon, 84230 Châteauneuf-du-Pape – firstname.lastname@example.org
In the event of a complaint, the Customer may address a complaint to the Vendor’s personal data protection delegate at the Commission Nationale de l’Informatique et des Libertés.
Article 14 – Jurisdiction
All disputes arising from this contract, concerning its validity, interpretation, performance, termination, consequences and follow-up, will be submitted to the competent courts of the Nîmes Court of Appeal.
Article 15 – Applicable law and language of the contract
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in French. Should they be translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 16 – Pre-contractual information – Contact with the Seller – Acceptance of these GTCS
The Customer acknowledges having been informed by the Vendor, in a legible and comprehensible manner, by means of the present General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of article L 221-5 of the French Consumer Code, of the essential characteristics of the Goods as well as the terms and conditions of the sales contract.
If the customer wishes to be put in touch with customer service or wishes to obtain information on the follow-up of an order, the customer may :
– fill in the online form,
– contact the sales department by e-mail at email@example.com or by telephone on 04.90.83.70.31 from Monday to Friday (excluding public holidays) from 8.30am to 12.30pm and from 2pm to 5.30pm.
– or send your request directly to the following address Château de Vaudieu – 501 route de Courthézon, Châteauneuf du Pape
The fact that a Customer places an order on the Internet Site implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Goods ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document which would be unenforceable against the Vendor.
MAIN APPLICABLE LEGISLATION
Article L217-4 of the French Consumer Code
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter is his responsibility under the contract or has been carried out under his responsibility”.
Article L217-5 of the French Consumer Code
“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter”.
Article L217-12 of the French Consumer Code
“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.
Article L221-28 of the French Consumer Code
“The right of withdrawal cannot be exercised for contracts (…) :
7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional (…)”.
Article 1641 of the French Civil Code
“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article L3342-1 of the French Public Health Code
“The sale of alcoholic beverages to minors is prohibited. The offer of these beverages free of charge to minors is also forbidden in pubs and all shops or public places. The person dispensing the beverage requires the customer to provide proof of age (…)”.
According to article L.612-1 of the French Consumer Code, “all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme”.
In this respect, Château de Vaudieu offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows: Mediator of the approved mediation center: https://www.mcca-mediation.fr
We remind you that mediation is not compulsory, but only offered as a means of resolving disputes without resorting to the courts.