General Terms and Conditions of Sale
GENERAL TERMS
AND CONDITIONS OF SALES (GTC) OF THE WEBSITE
CONSUMERS and
NON-PROFESSIONALS
These General Terms and
Conditions of Sales (GTC) govern the relationship between the Seller (CLUB DES
CHATEAUX ET DOMAINES SAS) with a capital of € 38112.25, registered at the RCS
of AVIGNON under the number410 869 531which head office is1452 Route de Beauchêne, 84420 PIOLENC and the Client
(consumer or non-professional) located in one of the delivery areas served by
the Seller and wishing to make a purchase on the websitewww.chateaubeauchene.com.
The website has been published
by CLUB DES CHATEAUX ET DOMAINES SAS. This is an e-commerce space that offers a
remote product ordering service. It may be products of the CLUB DES CHATEAUX ET
DOMAINES SAS itself (CHATEAU BEAUCHENE) or products of companies or related
companies or partners sold by CLUB DES CHATEAUX ET DOMAINES SAS. Access to the
e-commerce area of the www.chateaubeauchene.com website implies unreserved
acceptance of these Terms and Conditions.
The contract resulting from
the actual ordering of the Customer is subject to the regulations of Distance
Selling, as resulting from the laws and regulations in force in France, and in
particular the Consumer Code in force since July 1, 2016, and provisions set
out below. By placing an order on the Site, the Customer certifies that he/she
is a major physical person or a legal person acting for his/her personal and
non-professional needs and thus certifies not to act for purposes falling
within the scope of his/her commercial, industrial, craft, liberal or agricultural
activity. The Customer accepts the General Conditions of Sale of the Site and
the author of the offer. He/she certifies that he/she has the ability to
contract and acknowledges having first read and accepts without restriction the
conditions of sale applicable to his/her purchase (order and delivery) at the
time of placing the order.
These General Conditions of
Sale on the internet shall prevail over all other general or special conditions
of the Seller or purchase conditions not expressly accepted by the Seller. The
Special Conditions of Sale are those stated on the screen (prices, terms and
conditions included in the product sheets, order forms, etc ...). The Customer
is invited to read carefully the general and special conditions of sale in
force prior to any order.
1.PROVISIONS RELATING TO THESE
GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER, THE "GTC")
1.1. Purpose of
the Terms
These Terms and Conditions aim
to define the contractual relations between the Seller and the Customer as well
as the general and specific conditions applicable to any purchase of goods and
services made on the site. These Terms and Conditions govern and are
exclusively applicable to the online sale to consumers and non-professionals of
the Seller's products on the website www.chateaubeauchene.com (hereinafter
referred to as "the site"), whose access is open and free to any
user, except restrictions mentioned in Article 3 of the GTC.
1.2. Field of application of
the GTC
These Terms and Conditions
exclusively govern the online sales contracts of the Seller's products to
purchasers who are consumers or non-professionals (hereinafter, the customer
(s)) and constitute, with the order form, the contractual documents and
obligations opposable to the parties. These General Terms and Conditions of
Sales do not apply to professionals defined as any natural or legal person,
public or private, acting for purposes falling within the scope of its
commercial, industrial, artisanal, liberal or agricultural activity, including
when acting in the name of or on behalf of another professional.
The General Terms and
Conditions are exclusively applicable to products delivered to customers in
mainland France and Monaco. The Terms and Conditions, as well as all the
information mentioned on the website, are written in French, but with
translation in all cases in the English language, and where applicable in the
language of the Customer's country.
1.3. Availability and
conservation of the GTC
Before the validation of the
order and its payment, the Customer checks a box provided for this purpose by
which he/she declares to have read and accepted the General Terms and
Conditions. Beside the checkbox is a link allowing the customer to download the
General Terms and Conditions (and the withdrawal form) in PDF format and print
them. The custody and the reproduction of the General Terms and Conditions are
insured by the Seller in accordance with article 1369-4 of the Civil Code, and
those contractual stipulations will be ensured in accordance with article
1127-1 of the Civil Code as in force since October 1st, 2016.
1.4. Modification of the GTC
The General Terms and
Conditions apply to orders made during the entire period of their upload. The
applicable General Terms and Conditions opposable to the Customer are those in
force at the date of the order. The Seller reserves the right to modify the
Terms and Conditions at any time without notice. However, such modifications
may not in any case apply to contracts concluded previously to such
modifications. The General Terms and Conditions will be communicated again to
the Customer by transmission in PDF format via an order confirmation email.
2. LEGAL INFORMATION ON THE
SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS
The Customer undertakes, by
entering his/her year of birth on the home screen of the site, to have, in
France, 18 years old at the date of the order. If the Customer is domiciled in
another country, he/she undertakes to respect the laws and regulations of that
country as to his/her legal minority and to be of the minimum age required to
purchase alcoholic beverages.
Alcohol abuse can cause
serious and permanent damage to the Customer’s health.
3. PRODUCTS
3.1. Product Pages
Each product offered on the
Site is the subject of a sheet accessible by clicking on the designation or
photograph of the product concerned. This sheet presents the essential
characteristics of the product selected in accordance with Article L.111-1 of
the French Consumer Code. These indications are intended, without being
exhaustive, to inform the Customer as completely as possible about these
essential characteristics. These indications may be subject to minimal
variations and therefore cannot replace the information on the packaging of the
product delivered and to which the customer is invited to refer to.
3.2 Photographs and
Illustrations
The Customer is informed,
subject to his rights, that there can be a difference in presentation on
delivery resulting from a modification of labelling, wrapping, packaging
(photographs and illustrations) by the producer or supplier. This difference
will not affect the contents and characteristics of the product in any way.
3.3. Promotional benefits
The Customer is informed that
the Service does not allow promotional benefits such as coupons of any kind to
be valid on the purchase of a product or for a minimum purchase amount, except
for those expressly formulated for the Site and materialized for example by the
attribution of a code.
4. PRICE
4.1. Selling price
The selling price of the
product is the one into force on the day of the order and taking into account
the VAT applicable on the day of the order. The selling prices are indicated,
for each product listed in the electronic catalogue, in euros including VAT,
but, in accordance with Article L.112-3 of the Consumer Code, excluding
preparation, transport and delivery costs, postage or any other charges, shown
separately. The delivery and transport costs, invoiced in addition, will be
indicated to the customers before the validation of the order, in a summary
indicating the amount due before it places an order.
In case of promotion offered
on the site, the Seller agrees to apply the promotional price to any order
placed during the duration of the promotion. The total amount owed by the
Customer is indicated on the order confirmation page. The amount of the order
that the Customer has validated when proceeding to payment is the final price -
all taxes included and including the amount of delivery charges - and maximum
that may be debited. This price may nevertheless vary in the event of
unavailability of one or more ordered products or in case of substitution of
one or more products ordered if the Customer has accepted.
4.2. changes
The Seller reserves the right
to modify its prices at any time, without notice, while guaranteeing the
Customer the application of the current price indicated on the Site on the day
of the order.
5. DURATION OF THE OFFER
The online sales offers
presented on the site are valid, in the absence of indication of specific
duration, as long as the products appear in the electronic catalogue. Orders
responding to these offers can only be satisfied within the limits of available
stocks for limited quantities depending on products, formats and vintages, the
Seller will be required to inform the Customer without delay in the event of
out of stock preventing him from either to execute the order within 15 days of
the conclusion of the contract, or to permanently prevent it.
In this case, and unless it is
agreed between the parties of another delivery period or that of another
product of a quality and an equivalent price which availability is ensured, the
Customer, without prejudice to his/her ability to resolve and terminate the
contract under the conditions of Article 216-2 of the Consumer Code, will be
refunded, at the latest within fourteen days of their payment, the total amount
already paid.
6. ORDER
6.1. STAGES OF CONCLUSION
OF THE CONTRACT
To place an order, you first accumulate
an online shopping basket by choosing the selected products and the desired
quantities, and afterwards clicking on the “Place Order” button and then
entering information about delivery and the means of payment.
You acknowledge a payment obligation
by clicking on the “Payment Approving Order” button, in compliance with the
terms of Art. L. 221-14 of French consumer protection legislation (the Code
de Commerce).
Before clicking on this
button, you can verify the details of your Order and its total price, download
the GSCs and the cancellation form, and return to previously-visited pages to
correct possible errors or modify the order if desired.
After confirming the content
of your order, you finally approve it by making payment. The order will
only be firm after paying the corresponding price.
To comply with the terms of
Art. 1127-2 of French civil law (the Code Civil), an email acknowledging the
Order and its payment will be sent by the Seller without unjustifiable delay.
After conclusion of the
contract, and by not later than the moment of delivery, in compliance with Art.
L. 221-13 of French consumer protection legislation, the Customer will receive
– in durable form – an order confirmation email itemizing the products ordered,
the price including VAT, and the delivery charges, with a copy of the GSCs and
the cancellation form.
6.2 MODIFICATION OF THE ORDER
Any modification
to the Order by the Customer after confirming the Order is subject to
acceptance by the Seller.
6.3
ARCHIVING AND PROOF
Messages, Order
forms and invoices will be archived on a reliable and durable medium, to
constitute a faithful and durable copy in compliance with Article 1348 of
French civil law (the Code Civil), the which copy will be compliant
with Article 1379 of French civil law.
These messages, Order forms
and invoices can be produced as proof of the contract and its conditions.
6.4
UNAVAILIBILITY OF ORDERED GOODS
As stated in
Art. 6, if products ordered are not available for delivery, the Seller will
immediately inform the Consumer, and may propose another product of equivalent
quality and price.
If the Consumer does not
agree, he/she/it is reimbursed amounts paid within fourteen days
after making payment.
7PAYMENT
7.1
MOMENT OF PAYMENT
Products ordered
are payable in full at the time of ordering, in euros.
An invoice established in
euros including VAT will be issued by the Seller and sent to the Customer at
the specified billing address.
In the event of non-payment or
rejection of payment authorization by an accredited organization, the Order
will be rejected.
7.2
TERMS OF PAYMENT
Payment is made
immediately during ordering, by payment card, or by bank check sent to the
Seller's registered offices address, such as stated in Article 1.1, or by money
order or transfer.
8. RETRACTATION
8.1. Right to retract
In accordance with the
provisions of Articles L. 221-18 and following of the Consumer Code, the
Customer may withdraw from the contract concluded with the Seller, without
giving reasons, within a period of fourteen days from receipt of the goods. To
exercise the right of withdrawal, the Customer must notify to the email address
(info@chateaubeauchene.com) or physical Seller, as mentioned in Article 1.1,
its decision to withdraw from this contract by means of a declaration written
without ambiguity. The Customer may use the standard withdrawal form provided
by the Seller.
The Customer has no right of
withdrawal for the bottle (s) he / she has unsealed after delivery for reasons
of hygiene and health protection, in accordance with Article L. 221-28 of the
Consumer Code. The Customer is not deprived of the legal guarantee of
conformity (see article 11).
8.2. Effects of the retraction
The effects of the retraction
are governed by Articles L. 221-23 and L. 221-24 of the Consumer Code. In the
event of withdrawal of the Customer from the concluded contract, the Seller
will refund all payments received from the Customer, including the delivery
charges (with the exception of additional costs resulting from the fact that
the Customer has chosen, if necessary, a delivery other than the less expensive
mode of standard delivery proposed by the Seller) without undue delay and, in
any event, no later than fourteen days from the day the Seller is informed of
the Customer's withdrawal decision, unless that the Seller does not propose to
recover these goods himself.
Seller will refund using the
same means of payment used by the Customer for the original transaction unless
expressly agreed otherwise; in any case, this reimbursement will not incur any
costs for him. The Seller may defer the refund until he has received the goods
or until the Customer has provided proof of shipment of the goods, the date
chosen being the date of the first of these facts.
The Customer must return the
product (s) to the Seller, bearing the direct costs of return, or return them
to him and return to his address, without undue delay and, in any event, no
later than fourteen days after he has communicated to him the decision to
withdraw from the contract of sale. This period is deemed to be respected if
the Customer returns the product before the expiry of the fourteen-day period.
The Customer's liability may be incurred in case of depreciation of property
resulting from manipulations other than those necessary to establish the nature
and characteristics of these goods.
9. DELIVERY
9.1. Place of delivery
The products are delivered to
the address indicated by the Customer on the order form. For technical and
logistical reasons, the Customer may only be delivered in Mainland France and
Monaco.
9.2. Delivery time
The Seller agrees to deliver
the products within 15 days (unless the parties have agreed otherwise) after
receipt of order, and payment of the corresponding price. For orders paid by check,
the receipt of payment means the cashing of the check.
9.3. Delay or failure to
deliver
In case of failure of the
Seller to its obligation to deliver the products or the expiry of the period
provided for in Article 10.2, and unless the parties have agreed otherwise, the
Customer may terminate the contract under the conditions provided for in
Articles L 216-2 and following of the Consumer Code, without prejudice to any
claim for compensation for any loss suffered.
9.4. Terms of delivery
If the Customer notes on
delivery that an item is missing or that the products have suffered damage,
he/she must indicate this in writing on the delivery note. The Customer must
also notify the carrier of the reservations made on the delivery note, within a
period of 3 days, excluding holidays, which follow the receipt of the products,
in order to allow the Seller to assert his rights with the carrier selected in
accordance with Articles L. 133-1 and L. 133-3 of the French Commercial Code.
The address to which the reservations must be notified, will be indicated to
the Customer in the package. Failure to comply with these formalities does not
deprive the Customer of his right to rely on the non-compliance of the
products, the Seller bearing the burden of transport risks. On the other hand,
failure to comply with these formalities obliges the Customer to indemnify the
Seller for any loss that may be suffered as a result of the latter's loss of
recourse against the carrier.
10. LEGAL GUARANTEE OF
COMPLIANCE
All products supplied by the
Professional Seller benefit from the legal guarantee of conformity provided for
in All commodities supplied by the professional Seller are covered by
the legal compliance guarantee provided by Articles L. 217-4 to L. 217-14, L.
411-1 and L. 411-2 of French consumer protection legislation (the Code
de la Consommation), and the legal guarantee against concealed defects
provided by Articles 1641 and subsequent of French civil law (the Code
Civil).
With regard to the legal
compliance guarantee, the Consumer:
·
is dispensed of any obligation to provide proof of the existence of the
non-compliance of the goods within twenty-four months following delivery of the
said good. Non-compliances
identified within that time will be presumed to have existed at the time of
delivery, unless there is proof to the contrary, as per Art. L. 217-7 of French
consumer protection legislation (Code de la Consommation).
·
has a period of two years to take action as from delivery of the goods;
·
can choose repair or replacement of the goods, with proviso for certain
cost conditions stated by Articles L. 217-9 and subsequent of French consumer
protection legislation.
The legal
compliance guarantee is applicable independently of any commercial guarantee
granted.
The Customer is within
his/her/its rights to lay claim to the guarantee against concealed defects in
goods under the terms of Article 1641 of French civil law (the Code
Civil). In this case, the Customer can choose between cancellation of the
sale or a reduction in sales price, as per the terms of Article 1644 of French
civil law (the Code Civil).
11. INTELLECTUAL PROPERTY
Content existing on the Site,
whether visual or audio, are the exclusive property of the publisher or selling
companies, and are protected by author's rights, brand rights and patent
rights.
Any reproduction or
dissemination of the said content without prior written permission from the
publisher and the company holding the rights will lay the infringing parties
open to legal action.
12. PROTECTION OF PERSONAL
DATA (GDPR)
Some personal data is
collected from the Customer in order to respond to his/her requests. If the
Customer chooses not to communicate them, the request cannot be processed. This
data is the subject of a computer processing necessary for the processing of
the order and the management of relations with the Customer. The information
relating to all orders is stored and archived for the duration of the
contractual relations under enhanced security conditions and can serve as evidence
in case of dispute. The collected data relating to the delivery of the goods
purchased may be communicated to the Seller's partners for the delivery of the
purchases. The personal data collected by the Seller may be used in the context
of direct marketing operations carried out by mail, email, after the prior
consent of the Customer. However, the Seller may use such personal data in
marketing operations relating to similar products.
Personal data may also be
communicated to the partner or apparent partners of the Seller but the Customer
may expressly oppose this communication for marketing purposes, as soon as they
are collected or later by writing to the Seller by email or at the address of
the Seller’s head office. The Customer may exercise his right of access,
rectification or deletion of personal data and object to this data being used
for prospecting purposes including commercial purposes under the conditions
provided by the amended law 78-17 of January 6, 1978 and EU Regulation No.
2016/679 on the protection of personal data of April 27, 2016. He/she makes the
request by email to the address dpo@chapoutier.com or by mail to the address of
the Seller's registered head office.
13. SETTLEMENT OF DISPUTES
Before any problem or
complaint evolves into a dispute, the Customer is invited to contact us, either
by email via the “Contact” page, or by email or postal mail to the Sales
Administration Department,
CLUB
DES CHATEAUX ET DOMAINES SAS, 1452 ROUTE DE BEAUCHENE à PIOLENC 84420 – Tel.+33 (0)4 90 51 75 87 ;
info@chateaubeauchene.com
Any differences that persist
despite this prior reconciliation attempt, concerning the validity, the
interpretation, the fulfilment or non-fulfilment, or the freezing or
termination of the contract, can be put to the consumer affairs mediation
process.
Under the terms of Art. L.
612-1 of French consumer protection legislation, every consumer has the right
to free-of-charge recourse (except any costs of having oneself
represented by a lawyer) to a consumer affairs arbitrator in view of arriving
at an out-of-court settlement of the dispute with a professional service
provider, within one year following the filing of a written complaint with the
Seller's organization.
Consumers can usefully consult
the following sites about this subject:
·
concerning the consumer affairs mediation process in France:www.mediation-conso.fr
·
concerning disputes with parties in other countries: European Consumer
Centre France:www.europe-consommateurs.eu
In compliance
with Article L. 616-2 of French consumer protection legislation (the “Code de
la Consommation”), the Customer is hereby informed that there is an online
resource maintained by the European Commission for registering complaints about
online purchases by European consumers, for their subsequent hearing by
national arbitrators with due jurisdiction; this European platform for
extrajudicial settlement of online commerce disputes is available at:https://ec.europa.eu/consumers/odr/.
In the case of French
Customers, in the interim until the appointment of a consumer affairs
arbitrator for its particular field of business, the Seller proposes referral
to the Centre for Mediation and Arbitration of Paris (CMAP, Consumer Affairs
Mediation Service, 39 Avenue Franklin D. Roosevelt, 75008 PARIS; website:www.cmap.fr).
Barring special exceptions, a
dispute may only be heard by one single arbitrator. The settlement proposed by
the arbitrator is not obligatorily binding on the Parties to the contract.
In the event of a dispute
concerning the contract, a Consumer always has the possibility of filing a
conventional arbitration case or of recourse to any alternative dispute
settlement process.
14. APPLICABLE LAW
E-commerce is subject to the
legislation of the member State in which the person involved in the transaction
is resident, when such is the common intention of the parties, notably the
person being the recipient of the goods.
Any physical person or moral
entity conducting e-commerce is duly liable to the buyer for the proper
fulfilment of its obligations resulting from the contract, whether these
obligations are to be fulfilled by itself or by other service providers,
without prejudice to its right of recourse against these parties.
The sales contract and these
GSCs are subject to French law. However, Customers residing in another member
State than France are not deprived of the protection granted by the obligatory
provisions of legislation in their country of residence.
In the event that an
out-of-court settlement cannot be achieved, disputes concerning orders placed
on the Site will be under the sole jurisdiction of French courts, even in cases
of multiple defendants and invocation of guarantee coverage.
15. APPENDIX: CANCELATION FORM
TEMPLATE
(Please complete and return
the form together with your order number ONLY if you want to cancel your
contract. We recommend you to also specify your order number.)
For the attention of:
CLUB
DES CHATEAUX ET DOMAINES SAS, 1452 ROUTE DE BEAUCHENE à PIOLENC 84420 – Tel.+33 (0)4 90 51 75 87; info@chateaubeauchene.com
I hereby inform you of my
cancellation of the contract covering the sale of the goods below:
[……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………]
Ordered on [………………………………],
Received on […………………………………]
Order number:
[………………………………………………………]
Customer(s) name(s):
[………………………………………………………………]
Customer(s) address(es):
[……………………………………………………………………………………………………………………………………]
Date: [……………………………………]
(Only in case of notification via a paper-based printout of this form.)