These General Terms and Conditions of Sale are entered into between:
SCEA CHÂTEAU LES VIGNALS
Les Vignals 81150 CESTAYROLS - FRANCE
Tel: 05 63 55 41 53
With a share capital of €425,600
Registered on 11/20/1996
Albi Trade and Companies Register No. 409 854 098
Represented by its managers, Mr. Innocente and Sandro VANOLI
Hereinafter referred to as “The Seller”
ON THE ONE HAND,
AND:
Any natural person or legal entity governed by private or public law in metropolitan France who wishes to make a purchase via the seller’s website,
, hereinafter referred to as “The Customer,”
, ON THE OTHER HAND,
Article 1: Purpose
Article 2: Description of the Wines Sold
Article 3: Terms of Sale – Prices – Payment
Article 4: Ordering Process
Article 5: Shipping – Delivery
Article 6: Insurance – Warranty
Article 7: Intellectual Property
Article 8: Personal Data
Article 9: Right of Withdrawal
Article 10: Waiver and Forbearance
Article 11: Entire Agreement
Article 12: Partial Invalidity
Article 13: Governing Law and Jurisdiction
ARTICLE 1: PURPOSE
These General Terms and Conditions of Sale are intended to define the contractual relationship between the Seller and the Customer, as well as the terms applicable to any purchase made through the Seller’s online store, whether the Customer is a business or a consumer.
The Seller’s website is in French. If other languages are added, the French version shall prevail in the event of any ambiguity in the translation.
The purchase of a product through this website implies the Customer’s full and unconditional acceptance of these Terms and Conditions in their entirety. These Terms and Conditions shall take precedence over any other terms and conditions, regardless of their source (brochures, press, catalogs, or mailings). The Seller reserves the right to modify these terms and conditions at any time, provided that the terms applicable to the Customer shall be those in effect on the date of the Customer’s order on the Seller’s website.
No promotions, discounts, or other terms and conditions—other than those offered—are available on our online store. Customers may submit specific requests by contacting us directly via email.
ARTICLE 2: DESCRIPTION OF THE WINES SOLD
The wines we offer are featured on our website.
Any photographs accompanying the product descriptions are as accurate as possible but cannot guarantee a perfect likeness to the product offered; in some cases, they show suggested presentations in which not all of the items appearing in the photographs are necessarily available for sale. The photographs or illustrations on this site are therefore not contractually binding.
All of our wine offers available for delivery are valid while supplies last, excluding special offers and promotions.
Given the rare or speculative nature of certain wines, we reserve the right to impose restrictions on available quantities, or even to refuse or cancel an order that is clearly abnormal.
ARTICLE 3: TERMS OF SALE – PRICES – PAYMENT
In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer represents and warrants that he or she is of legal age as of the date of the order. Furthermore, alcohol abuse is hazardous to health; please drink responsibly.
The prices quoted by the Seller at the time of the order are listed in euros, including tax, based on the VAT rate in effect on the date of the order. Any change in the VAT rate will be reflected immediately in the prices of the products offered.
The Seller reserves the right to change its prices at any time; however, the prices listed on the Seller’s website on the date of the order shall be the only ones applicable to the Customer.
The prices listed include order processing fees.
“Shipping costs” refer to transportation and delivery charges. The shipping costs listed on the website apply only to mainland France.
For any shipment to the French overseas departments and territories (DOM-TOM), please contact us for a quote that includes the applicable and specific delivery rate.
The purchase price is due upon placing the order via credit card (CB, VISA, Eurocard Mastercard), PayPal, or SEPA Direct Debit (available only to certain businesses). Payment by check is accepted, but delivery will not be made until the check has cleared and the funds have been credited to the Seller’s account.
All wine shipments require full payment in advance for the products and shipping costs.
The Seller will send the Customer a paper invoice showing the VAT.
ARTICLE 4: ORDERING PROCESS
Customers wishing to place an order on the Seller’s website must:
- log in by providing their exact and current contact information: email address, first and last name, company name (if applicable), shipping address, billing address, phone number (required for the delivery person), and any comments.
- complete the online order form by providing all product references for the selected items,
- confirm their order after reviewing it,
- make payment in accordance with the specified terms,
- confirm their order and payment.
The Seller will send the Customer confirmation of the order within 48 business hours via email.
All of the data provided and the recorded confirmation serve as proof of the transaction.
If the products ordered are out of stock, the Seller may offer to replace them, with the Customer’s written consent, with a different vintage or a different wine.
The Seller shall archive purchase orders and invoices on a reliable and durable medium that constitutes a true and accurate copy, in accordance with the provisions of Article 1348 of the Civil Code. The Seller’s electronic records shall be considered by the Parties as proof of communications, orders, payments, and transactions between the Parties.
It is specified that the Seller has entered into a remote sales agreement with its bank. As a result, the banking transaction is secure, and the Seller does not retain any of the Customer’s banking information under any circumstances.
ARTICLE 5: SHIPPING - DELIVERY
We aim to ship your order as quickly as possible and deliver it to you under the best possible conditions.
We ship orders within a maximum of 8 business days, except in cases of force majeure or during holiday periods explicitly mentioned on the website or communicated to the Customer via email. This eight-day period begins upon receipt of full payment of the final invoice.
Deliveries are made to the address provided by the Customer on the order form. In the event of an error or insufficient information provided by the Customer, we cannot be held responsible for any failure to deliver the goods at the specified time and location.
The delivery time depends on the shipping method chosen either by the Customer or by the Seller, but the standard delivery time within mainland France to the delivery address chosen by the Customer is a maximum of 30 business days. If this 30-business-day delivery time within mainland France is not met, except in cases of force majeure, the Customer may terminate the contract by registered letter with acknowledgment of receipt.
ARTICLE 6: INSURANCE – WARRANTY
All products supplied by the Seller are covered by the statutory warranty provided for in Articles 1641 et seq. of the Civil Code.
All goods remain the property of the Seller until they have been paid for in full by the Customer.
We insure the goods during their transport within mainland France, and they are shipped at our own risk. For other deliveries, specific insurance may be requested from the Customer and added to their shipping costs.
Upon receipt of the goods, the Customer becomes fully responsible for them.
Upon receipt of the goods, it is the recipient’s responsibility to check the condition of the goods and to make any necessary notes in the event of breakage, damage, or missing items, by noting their refusal on the delivery slip, and within three days (excluding holidays) following the date of receipt, to notify the carrier by certified mail with return receipt requested, with a copy to the Seller, in order to preserve their rights.
If a product sold does not meet specifications, it may be returned to the Seller, who will accept the return, exchange the item, or issue a refund.
All claims, requests for exchanges, or refund requests must be submitted by mail to the Seller’s address within thirty business days of delivery.
The customer will receive a refund of their payment, excluding any other compensation or damages, no later than 14 days after the date on which the contract was terminated for a reasonable and justified reason following receipt of the merchandise.
ARTICLE 7: INTELLECTUAL PROPERTY AND PRIVACY
All elements of the Seller’s website, including but not limited to all graphics, audio, and text, as well as the underlying technology and product presentation, are the exclusive property of the Seller.
Consequently, the Customer is expressly prohibited from reproducing, displaying, or distributing—even in part—any specific element that forms an integral part of the Seller’s website:
. Similarly, any method involving, in particular, framing or deep-linking is strictly prohibited, unless the Seller has provided express, specific, and written authorization.
ARTICLE 8: PERSONAL DATA
Personal information relating to the Customer is subject to automated processing by the Seller, which has been registered with the CNIL under number 2142029v0.
In accordance with the provisions of Article 27 of the French Data Protection Act of January 6, 1978, the Customer has the right to access, modify, correct, or delete any personal data concerning him or her.
This right may be exercised by contacting the Seller directly in writing.
The Customer may opt out of receiving marketing emails from the Seller.
The Seller agrees not to disclose any customer information to third parties, except as necessary:
to process orders, including payment service providers;
to comply with regulatory and legal obligations.
The Seller retains certain data, in accordance with the highest security standards, for regulatory purposes, for a period of ten years. The Seller retains credit card information only for the duration of the sale.
ARTICLE 9: RIGHT OF WITHDRAWAL
Any Customer considered a consumer under the Consumer Code who places an order on the Seller’s website for non-business purposes has a fourteen-day withdrawal period starting from the delivery of the order to return the product to the Seller for an exchange or refund, without penalty, except for return shipping costs, which are the Customer’s responsibility, as well as any outbound shipping costs that exceed the standard shipping rates offered on the website. If this period expires on a Saturday, Sunday, or a holiday, it is extended until the next business day.
The right of withdrawal may be exercised by sending a simple, unambiguous written notice to the Seller’s address, stating the Customer’s intention to withdraw, without providing any justification. The withdrawal may be partial or total.
The Seller will issue a refund within a maximum of fourteen days after the goods have been returned to the Seller in good condition and in their original packaging. Unless otherwise agreed by the parties, this refund will be issued using the same payment method used when placing the order.
In accordance with the law and as an exception, the right of withdrawal does not apply to orders for products that have been customized or for which the Customer made a specific request at the time of ordering (special sizes, custom packaging, etc.).
If shipping costs were waived, they will be charged to the customer in the event of a withdrawal.
ARTICLE 10: WAIVER AND FORBEARANCE
It is expressly agreed between the contracting parties that any forbearance or waiver by either Party in the performance of all or part of the obligations set forth herein, regardless of its frequency or duration, shall not constitute a modification of this Agreement nor give rise to any rights whatsoever.
More specifically, no delay, inaction, abstention, or omission on the part of the Seller in exercising any of its rights hereunder shall prejudice such rights, nor shall it be deemed to constitute a waiver of the Seller’s right to assert such rights.
ARTICLE 11: ENTIRE AGREEMENT
These general terms and conditions set forth the parties’ obligations in their entirety.
No statement or document shall give rise to any obligations under this Agreement unless it is the subject of an amendment signed by both parties.
No correspondence prior to the signing of this agreement may give rise to any obligations under said contract.
ARTICLE 12: PARTIAL INVALIDITY
If any specific provision of this Agreement is held to be invalid, or is declared as such by a final and binding decision of a competent court, the remaining provisions shall remain in full force and effect, except for the nullification of Articles 3, 6, and 7, which the parties consider to be essential.
ARTICLE 13: GOVERNING LAW AND JURISDICTION
These General Terms and Conditions of Sale are governed by French law. Should any provision of these General Terms and Conditions of Sale be held to be null and void, such invalidity shall in no way affect the validity and enforceability of the remaining provisions of these General Terms and Conditions of Sale.
In the event of a dispute arising between the parties as a result of the performance or interpretation of this Agreement, the parties agree, prior to any legal action, that any claim shall be preceded by a formal notice sent by certified mail with return receipt requested. This shall be followed by a period of amicable discussions, possibly involving a mutually agreed-upon mediator.
If this amicable phase is unsuccessful, after a period of thirty days following the mailing of the letter referred to in the preceding paragraph, either party may initiate any appropriate legal proceedings.
In the event of a dispute arising out of or in connection with the placement or fulfillment of an order, the competent French court shall be designated in accordance with the rules of general law. The Seller hereby agrees to submit to the jurisdiction of the courts of Albi (81).