General terms & conditions of sale
EURL CHÂTEAU LA CASTILLE is dedicated to selling high-quality wines and offering the finest services to its customers. These General Terms & Conditions of Sale (hereafter “GTS”) were drawn up with that in mind. They are applicable to all our prices, render previous prices null and void and are subject to change without notice. The provisions of ourGTS prevail over those of the customer special terms and conditions of purchase,applicable solely to points not accounted for in ourGTS and subject to the written acceptance of EURL CHÂTEAU LA CASTILLE.
ARTICLE 1 – Scope of application
TheseGTSapply, without restrictions or reservations, to all purchases of goods or products (‘goods’ orproducts’) offered by EURL CHÂTEAU LA CASTILLE (‘the seller’ or ‘the supplier’) to non-professional consumers and customers (‘Customers or Customer or Consumer or Consumers’) on its website www.chateaulacastille.com, hereafter “the Website”. The Website is accessible to all, free of charge.
The main and essential characteristics of the wines and products are presented on the Website; the Customer undertakes to read them carefully before placing any orders. The Customer is solely responsible for product choices and purchases.
EURL CHÂTEAU LA CASTILLE is a limited liability company with a Capital of 1,600,000 euros, having its head office at Domaine La Castille – RD 554 de La Farlède à La Crau, 83210 SOLLIES-VILLE – FRANCE.
These GTSapply to the exclusion of all other terms and conditions, in particular those applicable to other product marketing channels.
TheseGTSare freely accessible at all times on the Website and shall prevail, if necessary, over any other version or contradicting document. TheGTSare available to consumers on the Website by way of the “General Terms & Conditions of Sale” link, where they can be consulted directly. They may also be sent to consumers on request.
By confirming their order and these GTS, the consumer certifies that they are over 18 years of age and have legal capacity.
Unless proven otherwise, the data recorded in the seller’s IT system shall be considered as proof of all transactions with theCustomer.
In accordance with the French “LoiInformatique et Libertés” data protection act of January 6th, 1978, theCustomer has the right to access, rectify or oppose their personal data by sending a letter with proof of identity to CHÂTEAU LA CASTILLE – RD 554 de La Farlède à La Crau, 83210 SOLLIES-VILLE, FRANCE.
The Customer declares that they have read and agree to these GTS,as well as the general terms and conditions for use of the Website,by checking the appropriate box before commencing the online order procedure. Unless proven otherwise, the data recorded by EURL CHÂTEAU LA CASTILLE constitutes proof of all transactions between EURL CHÂTEAU LA CASTILLE and theCustomervia the Website.
Customer order confirmationimplies acceptance of these GTS without restrictions or reservations.
TheseGTSmay be subject to future modifications. As a result, the version applicable to theCustomerpurchase shall be the version in force on the Websiteat the time of the purchase order.
The products presented on theWebsiteare available for purchase in European countries.
Any applicable customs duties and other local taxes or import duties or state taxes are payable solely by theCustomer.
Modifications to theseGTSshall be binding onWebsiteusers from their date of onlinepublication and cannot be applied to previous transactions.
ARTICLE 2 – Purchase orders
TheCustomerselects the products they wish to order on the Website as follows: the Customerselects the desired products and clicks “Add to cart”. The customerthen goes to the cart, checks the order information is accurate and selects the desired delivery option and payment method, before clicking “Confirm”. They must then log in or create an account and proceed with payment.
Contractual information is provided in French and subject to confirmation at the latest at the time of purchase order confirmation by the Customer.
Orders issued exclusively online are registered on the Seller’s Website once the Customerhas agreed to these GTS by checking the relevant box and confirmed their purchase order. TheCustomermay check all details pertaining to their purchase order and its total price and correct any errors before confirming their order (article 1127-2 of the French Civil Code). Purchase order confirmation implies acceptance of these GTSand constitutes proof of the sale contract.
The sale of Products shall be considered as definitive upon issue of the Seller’s order confirmation sent by email to the Customer, once the order has been paid in full.
All orders issued on the Websiteconstitute a remote contract between the Customerand the Seller.
EURL CHÂTEAU LA CASTILLE reserves the right to cancel or refuse purchase orders placed by Customerswith whom there is an ongoing dispute relative to the payment of a previous order.
Purchase order modifications by theCustomer, excluding their right of withdrawal, may only be accommodated by the Sellerto the best of its ability and must be notified to theSeller by email at least one day before the scheduled supply of the ordered Products. If necessary, these modifications shall give rise to a new invoice and price adjustment.
If the aforesaid modifications cannot be accommodated by the Seller, the sums paid by theCustomershall be refunded within a maximum of two months from issue of the notice by the Seller informing the Customer accordingly (unless the Customer prefers to receive a credit note).
ARTICLE 3 – Prices
The Seller’s wines and Productsare sold at the price in effect on the Websiteat the time of purchase order registration by theSeller. Prices are expressed in Euros, including VAT.
Prices take into account any discounts that may be granted by the Seller,as stipulated on theWebsite.
Prices are firm and non-revisable for the validity period mentioned on the Website. Once this validity period has elapsed, the Sellerreserves the right to modify prices at any time.
Prices do not include processing, management and transportfees, which are billed separately, subject to the terms and conditions mentioned on the Website and calculated prior to purchase order confirmation.
The total payment requested from the Customer corresponds to the full amount of the purchase order, including the aforementioned fees.
An invoice is issued to the Customer by the Sellerwhen the ordered Productsare supplied.
ARTICLE 4 – Payment terms
The price is payable in full at the time of the purchase order by the Customer, in accordance withthe above article “Purchase orders”, using a secure payment method.
– By credit card, Visa, MasterCard, AMEX
– By personal or bank cheque
Bank cheques must be issued by banks domiciled in mainland France or Monaco.
Cheques are cashed on receipt.
Payment details are encrypted.
TheSellershall not be obliged to supply Productsordered by the Customerin the event of Customer failure to pay the price in full beforehand, according to the conditions stipulated above.
Payments made by the Customershall only be considered as definitive once the Seller has effectively received the amounts payable.
ARTICLE 5 –Product supply – Delivery times and costs
Productsordered by theCustomershall be delivered by a road haulier(SCHENKER, CHABAS, CHRONOPOST, UPS, COLISSIMO, MAIL BOXES, etc.) to the address provided by the Customer at the time of their online order,within 3 to 30 days, according to the delivery firm,of definitive confirmation of the Customer purchase order, in accordance with these GTSand the special terms and conditions of sale issued to the Customeralong with these GTS.
TheSellerundertakes to use its best endeavours to supply Productsordered by theCustomerand to respect the above-mentioned delivery times.
If the ordered Productsare unavailable, theSellershall inform the Customer immediately and may offer to provide products of an equivalent quality and price.
In the event of failure to deliver the ordered Products within one month after the above-mentioned indicative date, for any reason other than force majeure or for reasons attributable to theCustomer, the sale may be cancelled at the written request of the Customeras provided for in articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer shall subsequently be refunded at the latest 14 days after termination of the contract, minus any compensation or deductions.
The final price paid at the time of the purchase order includes the product price including VAT, together withstandard delivery costs, calculated automatically. Deliveries are made by our transporter to the door of your building or house (upstairs deliveries or deliveries in special conditions are payable by the customer). The transporter is not authorized to enter your home. Deliveries shall be made by appointment with the transporter, who will get in touch with you. Regarding special deliveries, any additional costs shall be at the Customer’s expense and payable directly to the transporter.
A sum of 40 euros including VAT shall be billed on all orders of less than 300 euros by way of delivery fees.
In the event of special requests by theCustomerrelative to the provision of services, duly acceptedin writing by the service provider, the associated costs shall be subject to subsequent separate billing.
In the absence of reservations or claims issued explicitly by the Customeron receipt of theProducts, the latter shall be considered as compliant with the purchase order, in terms of quantity and quality.
TheCustomerbenefits from a period of 14 days from delivery of the Productsto issue any reservations or claims to the Seller, along with the relevant proofs.
Claims cannot be accepted in the event of Customer failure to respect the aforementioned formalities and deadlines.
TheSellershall refund or rectify(to the best of its ability) Products whose non-conformity has been duly proved by the Customer, as soon as possible and at its expense, in a manner agreed by theCustomer.
ARTICLE 6 – Offer duration
The online offers shown on the Websiteshall remain valid, subject to availability, as long as the products are featured on the Website, unless a particular duration is mentioned.
ARTICLE 7 – Right of withdrawal
In accordance with French law, the Customerbenefits from a right of withdrawal with regards to the Sellerfor a period of 14 days from the start of the contract,giving rise to an exchange or refund, without having to justify any reasons or pay any penalties.
This right of withdrawal can be exercised by letter addressed to EURL CHÂTEAU LA CASTILLE or email to ca[email protected] mentioning the relevant purchase order.
Should the Customer exercise their right of withdrawal within the above-mentioned deadline, refunds are limited to the price of the ordered Products.
Sums effectively paid by the Customershall be refunded within 14 days of receipt by the Seller of the notice ofCustomer withdrawal.
ARTICLE 8 – Service Provider responsibility – Warranty
In accordance with legal provisions, the Seller warrants the Customer against all non-conformities resulting from a design or manufacturing defect affecting the relevant Products,without any additional payments.
In order to exercise their rights, the Customermust inform the Seller of the existence of non-conformities within 14 days of receipt of the Products, by letter or email.
TheSellershall refund or rectify or have rectified (to the best of its ability) Productsjudged defective, as soon as possible. Refunds shall be made by crediting the Customer’s bank account or by bank cheque sent to the Customer.
The Seller’s warranty is limited to the refund of Products effectively paid by theCustomerand the Sellermay not be considered responsible or at fault with regards to delays or failures to perform due to a force majeure typically recognized by French jurisprudence.
Productssupplied via the Seller’s website comply with French regulations. The Seller may not be held liable in the event of failure to respect the legislation of the country to which the Productsare supplied; the relevant checks must be made by the Customer, who is solely responsible for the choice of ordered Products.
ARTICLE 9 – Data protection
In application of the French data protection law 78-17 of January 6th, 1978, certain Customer personal data is required, in particular, to process purchase orders and draw up invoices.
This data may be issued to partners of the Seller in charge of order performance, processing, management and payment.
All information issued via the Websiteis declared to the CNIL (French national information science and liberties commission).
In accordance with current national and European laws, the Customerhas the right to access, modify, rectify or oppose information relating to them at any time.
This right may be exercised in accordance with the terms and conditions specified on the Website.
ARTICLE 10 – Intellectual property
TheWebsitecontent is the property of theSellerand its partners and is protected by French and international law relative to intellectual property.
Full or partial reproduction of the aforesaid content is strictly prohibited and likely to constitute a forgery.
Moreover, theSeller shall remain the owner of all intellectual property rights relating to photos, presentations, studies, drawings, models, etc. created (even at theCustomer’s request) in the aim of supplying Productsto theCustomer. TheCustomertherefore undertakes not to reproduce or use the aforesaid studies, drawings, models, etc. without the prior written authorization of the Seller, which may be subject to a financial contribution.
ARTICLE 11 – Unforeseeability
These GTSexplicitly exclude the unforeseeability regime referred to in article 1195 of the French Civil Code in relation to all purchase orders. TheSellerandCustomerhereby waiver their right to the provisions of article 1195 of the French Civil Code and unforeseeability regime provided by it, and undertake to honour their obligations even if the contractual balance is upturned by unforeseeable circumstances at the time of the purchase order and even if the performance of the aforesaid obligations proves to be excessively costly, and to bear all associated economic and financial consequences.
ARTICLE 12 – Levy of execution
By derogation from article 1221 of the French Civil Code, the Parties hereby agree that in the case of failure of either party to perform its obligations, the victim of the failure may not exert a levy of execution.
ARTICLE 13 – Force majeure
The Parties may not be held liable if the failure to perform or late performance of any of their obligations, as described herein, results from force majeure under article 1218 of the French Civil Code.
Performance of the relevant obligationsis suspended for the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, the parties shall do their utmost to resume normal performance of their contractual obligations once the cause of thesuspension has disappeared. To this effect, the prevented party shall notify the other party of the resumption of their obligationsby registered letter with acknowledgement of receipt or other extrajudicial document. If the prevention is definitive or exceeds 30 days, these GTS shall be purely and simply cancelled in accordance with the article “Contract cancellation in the event of force majeure”.
ARTICLE 14 – Contract cancellation in the event of force majeure
It is explicitly agreed that the parties may cancel the contract ipso jure, without summation or formalities, in the case of force majeure.
ARTICLE 15 – Applicable law – Language
TheseGTSand the operations pertaining to them are drawn up in accordance with and governed by French law.
TheseGTSare drawn up in French.In the event of translation into one or several foreign languages, only the French text shall be admissible in the event of a dispute.
ARTICLE 16 – Disputes
IN THE EVENT OF FAILURE OF THE SELLER AND CUSTOMER TO REACH AN AMICABLE AGREEMENT, ALL DISPUTES ARISING FROM THE PURCHASE AND SALE OPERATIONS DESCRIBED IN THESE GENERAL TERMS AND CONDITIONS OF SALE,RELATIVE TO VALIDITY, INTERPRETATION, EXECUTION, TERMINATION, CONSEQUENCES OR RESULTS, SHALL BE SUBMITTED TO THE COMPETENT COURTUNDER ORDINARY-LAW CONDITIONS.
TheCustomeris informed that in the event of a dispute,they may, in any event,apply for conventional mediation, in particular with the “Commission de la médiation de la consommation” (article L 612-1 of the French Consumer Code),or with existing sectoral mediation authorities or any alternative conflict settlement method (such as conciliation).
ARTICLE 17 – Precontractual information –Customer acceptance
TheCustomerhereby confirms that these GTS and all information listed in article L. 221-5 of the French Consumer Codewas imparted to them prior to placing their purchase order and on finalization of the contract, in a legible and comprehensible manner, in particular the following information:
– essential characteristics of the wines and Products, taking into account the communication medium used;
– the price of Services and associated costs (e.g. delivery);
– if the contract cannot be performed immediately, the date and deadline within which the Sellerundertakes to supply the ordered Products;
–information relative to the Seller’s identity, postal address, telephone number and email, as well as its activities if relevant,
– information relative to legal and contractual warranties and their application;
– functionalities of digital content and, if necessary, their interoperability;
– the possibility of recourse to conventional mediation in the event of a dispute;
– information relative to the right of withdrawal (existence, terms and conditions, deadlines, methods of exercising this right and withdrawal form template), termination methods and other important contractual terms and conditions.
– accepted payment methods.
– Photos used to illustrate products are not contractual.
Placing an order on the Website implies full and unreserved agreement with these GTS by natural (and legal) persons, together with anobligation to pay for the ordered Products; this isexplicitlyunderstood by theCustomer who relinquishes the right, in particular, to impose any other contradictory documents, which would be void as against the Seller.