This English translation is provided for information purposes only. In the event of any discrepancy or dispute, the French version of these terms shall prevail.
1. Provisions relating to these terms and conditions of sale (hereinafter, the “T&Cs”)
1.1. Purpose of the T&Cs
The purpose of these T&Cs is 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 T&Cs govern and apply exclusively to the online sale to consumers and non-professionals of the Seller’s products on the site https://tourgrandfaurie.com/ (hereinafter referred to as “the site”), access to which is free and open to any internet user, subject to the restrictions mentioned in article 3 of the T&Cs.
1.2. Scope of application of the T&Cs
These T&Cs exclusively govern the online sales contracts for the Seller’s products with buyers having the status of consumers or non-professionals (hereinafter, the customer(s)) and constitute, together with the order form, the contractual documents enforceable against the parties. These T&Cs do not apply to professionals, defined as any natural or legal person, public or private, who acts for purposes falling within the scope of their commercial, industrial, craft, professional or agricultural activity, including when acting in the name of or on behalf of another professional.
The T&Cs are exclusively applicable to products delivered to customers established in mainland France. The T&Cs, as well as all the information mentioned on the site, are drafted in the French language.
1.3. Amendment of the T&Cs
The terms of sale apply to orders placed throughout the entire period during which they are published online. The T&Cs applicable to and enforceable against the Customer are those in force on the date of the order. The Seller reserves the right to amend the T&Cs at any time and without notice. However, such amendments may under no circumstances apply to contracts concluded previously.
2. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS
By entering their year of birth on the site’s home screen, the Customer undertakes to be, in France, over 18 years of age on the date of the order. If the Customer is domiciled in another country, they undertake to comply with the laws and rules of that country regarding legal minority and to have the minimum age required there to purchase alcoholic beverages.
It is recalled that alcohol abuse is dangerous for health.
3. PRODUCTS
3.1. Product descriptions
Each product offered on the Site is the subject of a description sheet accessible by clicking on the name or the photograph of the product concerned. This sheet presents the essential characteristics of the selected product in accordance with Article L.111-1 of the French Consumer Code. These details are intended, without being exhaustive, to inform the Customer as completely as possible about these essential characteristics. These details may be subject to minor variations and cannot therefore replace the information appearing on the packaging of the product delivered, to which the customer is invited to refer.
3.2 Photographs and illustrations
The Customer is informed, without prejudice to their rights, of the possibility of a difference in presentation upon delivery resulting from a change of labelling, dressing or packaging (photographs and illustrations) by the producer or the supplier, this difference in no way affecting the content and the characteristics of the product.
3.3. Promotional benefits
The Customer is informed that the Service does not allow promotional benefits to be taken into account, such as in particular discount vouchers of any kind applicable to the purchase of a product or to a minimum purchase amount, with the exception of those expressly issued for the Site and materialised for example by the allocation of a code.
4. PRICES
4.1. Sale price
The sale price of the product is the one in force on the day of the order, and takes into account the VAT applicable on the day of the order. The sale prices are indicated, for each of the products appearing in the electronic catalogue, in euros including all taxes, but, in accordance with Article L.112-3 of the French Consumer Code, excluding preparation, transport, delivery and postage costs or any other possible costs, which are indicated separately. Delivery and transport costs, invoiced in addition, will be indicated to customers before validation of the order, in a summary indicating the amount due before they place their order.
In the event of a promotion offered on the site, the Seller undertakes to apply the promotional price to any order placed during the period of the promotion. The total amount due by the Customer is indicated on the order confirmation page. The amount of the order that the Customer has validated by proceeding with payment is the final price – inclusive of all taxes and including the amount of the delivery costs – and the maximum amount that may be debited from them. This price may nevertheless vary in the event of unavailability of one or more of the products ordered or in the event of substitution of one or more of the products ordered if the Customer has accepted this.
4.2. Amendment
The Seller reserves the right to modify its prices at any time, without notice, while guaranteeing the Customer the application of the price in force indicated on the Site on the day of the order.
5. DURATION OF THE OFFER
The online sale offers presented on the site are valid, in the absence of any indication of a specific duration, for as long as the products appear in the electronic catalogue. As orders responding to these offers can only be fulfilled within the limits of available stocks, given the limited quantities according to products, formats and vintages, the Seller shall be required to inform the Customer without delay in the event of a stock shortage preventing it either from fulfilling the order within 15 days following the conclusion of the contract, or from fulfilling it definitively.
In this case, and unless another delivery period is agreed between the parties, or the delivery of another product of equivalent quality and price whose availability is guaranteed, the Customer, without prejudice to their right to terminate and rescind the contract under the conditions of Article L. 216-2 of the French Consumer Code, shall be reimbursed, at the latest within fourteen days of their payment, for the entirety of the sums already paid.
6. ORDER
6.1. Steps for concluding the contract
The customer interested in an item visible on the site orders directly via the site.
The customer who places their order directly on the site must follow the procedure below:
The customer will choose the various items in which they are interested and will click successively on the “Add to my cart” link. At any time, they will have the option to:
Obtain a summary of the selected items by clicking on the “My cart” link;
Continue shopping by clicking on the “Continue shopping” link;
Complete their selection and place the order by clicking on the “Order” link.
To order the items chosen, the customer will go to the checkout process by clicking on “My cart”. Once the user has been identified and the selection of the desired items has been made, they must validate the billing address.
The customer will then choose their delivery method or collection of the order at the estate.
The customer will indicate that they accept the terms and conditions of sale by ticking the box “I have read the terms and conditions of sale and accept them without reservation”.
Finally, the customer will choose the type of payment they prefer, made available by the Stripe platform (Visa, MasterCard, Maestro, American Express, etc.) and will fill in the information required by this secure payment platform.
After validating their payment method, the customer definitively and irrevocably validates their order. In all cases, whatever the method of payment chosen by the customer, the seller will acknowledge receipt of the order as soon as it is validated, by e-mail or by any other means at its convenience. By validating the order, the customer certifies that they are over 18 years of age in order to place the order.
In order to comply with the provisions of Article 1127-2 of the French Civil Code, an e-mail acknowledging receipt of the order and of its payment will be sent, without undue delay, by the Seller. After the conclusion of the contract and at the latest at the time of delivery, in accordance with the provisions of Article L. 221-13 of the French Consumer Code, the Customer will receive, on a durable medium, a confirmation e-mail for their order detailing the products ordered, the price inclusive of all taxes and the delivery costs as well as the T&Cs and the withdrawal form.
6.2. Amendment of the order
Any amendment of the order by the Customer after confirmation of their order is subject to the Seller’s acceptance. To do so, the Customer must imperatively send their request to the selling company by e-mail or by telephone.
6.3. Archiving and evidence
The archiving of communications, order forms and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy which will meet the conditions of Article 1379 of the French Civil Code. These communications, order forms and invoices may be produced as evidence of the contract and of its terms.
6.4. Unavailability of the products ordered
As indicated in Article 5, if the products ordered are unavailable for delivery, the Seller shall immediately inform the Customer and may offer them a product of equivalent quality and price. In the event of disagreement, the Customer shall be reimbursed the sums paid at the latest within fourteen days of the payment.
7. PAYMENT
7.1. Time of payment
The products ordered are payable in full at the time of the order and in euros. An invoice expressed in euros inclusive of all taxes will be issued by the Seller and sent to the customer at the billing address indicated. In the event of non-payment or of refusal of payment authorisation by the accredited bodies, the order will be refused.
7.2. Methods of payment
Payment is made immediately upon ordering by bank card or by bank transfer or cheque.
7.3. Payment security
Payment by bank card is made via the secure stripe platform integrated into the site https://tourgrandfaurie.com/ and secures the transactions.
8. WITHDRAWAL
8.1. Right of withdrawal
In accordance with and under the conditions of Articles L. 221-18 et seq. of the French 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 the Seller, at its electronic address (contact@tourgrandfaurie.com) or physical address, as mentioned in article 1.1, of their decision to withdraw from this contract by means of an unambiguous written statement.
However, the Customer does not have a right of withdrawal for the case(s) that they have unsealed after their delivery, for reasons of hygiene and health protection, in accordance with Article L. 221-28 of the French Consumer Code. The Customer is not thereby deprived of the legal guarantee of conformity (see article 10)
8.2. Effects of withdrawal
The effects of withdrawal are governed by Articles L. 221-23 and L. 221-24 of the French Consumer Code. In the event of withdrawal by the Customer from the contract concluded, the Seller shall reimburse all payments received from the Customer, except for transport costs, without undue delay and, in any event, at the latest fourteen days from the day on which the Seller is informed of the Customer’s decision to withdraw, unless the Seller offers to collect these goods itself.
The Seller shall make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees to a different means. The Seller shall defer the reimbursement until it has received the goods.
The Customer must return the product(s) to the Seller, bearing the direct costs of return, or hand them back and return them to its address, without undue delay and, in any event, at the latest fourteen days after having communicated to it their decision to withdraw from the contract of sale. This period is deemed to have been complied with if the Customer returns the product before the expiry of the fourteen-day period. The Customer may be held liable in the event of depreciation of the goods resulting from handling other than that 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 have delivery made within mainland France.
9.2. Delivery time
The Seller undertakes to deliver the products within a period of 15 days (unless the parties have agreed otherwise) after receipt of the order and of payment of the corresponding price.
9.3. Late or failed delivery
In the event of failure by the Seller to comply with its obligation to deliver the products or upon expiry of the period provided for in article 9.2, and unless the parties have agreed otherwise, the Customer may terminate the contract under the conditions provided for in Articles L. 216-2 et seq. of the French Consumer Code, without prejudice to an action for compensation for any damage suffered.
9.4. Delivery terms
If the Customer notes upon delivery that an item is missing or that the products have suffered damage, they must indicate this in writing on the delivery note. The Customer must also notify the carrier of the reservations set out on the delivery note, within a period of 3 days, not including public holidays, following the day of receipt of the products, in order to enable the Seller to assert its rights with the carrier engaged 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 parcel. Failure to comply with these formalities does not deprive the Customer of their right to invoke the non-conformity of the products, the Seller bearing the risks of transport. On the other hand, failure to comply with these formalities obliges the Customer to compensate the Seller for any damage suffered as a result of the latter’s loss of its recourse against the carrier.
10. LEGAL GUARANTEE OF CONFORMITY
All products supplied by the professional Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the French Consumer Code, and from the legal guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
When acting under the legal guarantee of conformity, the consumer:
– is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods. Lacks of conformity which appear within this period are presumed to have existed at the time of delivery, unless proven otherwise, in accordance with Article L. 217-7 of the French Consumer Code;
– benefits from a period of two years in which to act, from the delivery of the goods;
– may choose between repair or replacement of the goods, subject to certain cost conditions provided for by Articles L. 217-9 et seq. of the French Consumer Code
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The customer may decide to invoke the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
11. INTELLECTUAL PROPERTY
The elements reproduced on this site, whether visual or audio, are the exclusive property of the publisher or of the Seller, and are protected by copyright law, trademark law and patent law. Any reproduction and any distribution of these elements, without the prior written authorisation of the publisher and of the company holding the rights, exposes offenders to legal proceedings.
12. PROTECTION OF PERSONAL DATA (GDPR)
Certain personal data is collected from the Customer in order to be able to respond to their requests. If the Customer chooses not to provide it, the request cannot be processed. This data is subject to computer processing necessary for the processing of the order and the management of relations with the Customer. Information relating to all orders is stored and archived for as long as necessary for the proper conduct of commercial relations under enhanced security conditions and may serve as evidence in the event of a dispute. The data collected 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 post or e-mail, after the Customer’s prior consent. However, the Seller may use this personal data during marketing operations relating to similar products.
The Customer may exercise their right of access to, rectification or deletion of this personal data and object to this data being used for canvassing purposes, in particular commercial canvassing, under the conditions provided for by amended Law 78-17 of 6 January 1978 and by EU Regulation No. 2016/679 on the protection of personal data of 27 April 2016. They shall make the request by e-mail to the electronic address contact@tourgrandfaurie.com or by post to the address of the Seller’s registered office: Chateau Tour Grand Faurie, 1346 route de Faurie, 33330 Saint-Émilion.
13. SETTLEMENT OF DISPUTES
For any difficulty or complaint, the Customer is invited to contact the Seller beforehand by e-mail through the “Contact” section
Disputes which persist despite this prior attempt, arising in relation to the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to consumer mediation. In accordance with the provisions of Article L. 612-1 of the French Consumer Code, every consumer has the right to have recourse, free of charge (except for their own costs of being assisted by a legal adviser), to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional, within the year following their written complaint to the seller’s departments.
In accordance with Article L. 616-2 of the French Consumer Code, the Customer is informed of the existence of the platform published online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase by European consumers and then to forward the cases received to the competent national mediators: this European platform for the out-of-court resolution of online consumer disputes is accessible at the address: https://ec.europa.eu/consumers/odr/. As regards French customers, and pending the listing of a consumer mediator with official competence for its branch of commercial activity, the seller proposes recourse to the Centre de Médiation et d’Arbitrage de PARIS. A dispute may only be examined, save by way of exception, by a single mediator. The solution proposed by the mediator is not binding on the parties to the contract. In the event of a dispute relating to this contract, the consumer has in any event the possibility of having recourse to a conventional mediation procedure or to any other alternative dispute resolution method.
14. APPLICABLE LAW
Electronic commerce activity is subject to the law of the Member State on whose territory the person carrying it out is established, provided that this is the common intention of the parties and in particular of the person receiving the goods. Any natural or legal person carrying out this activity is automatically liable towards the Customer for the proper performance of the obligations arising from the contract, whether these obligations are to be performed by that person itself or by other service providers, without prejudice to its right of recourse against them.
The contract of sale and these T&Cs are subject to French law. However, as regards customers residing in a Member State other than France, they may not be deprived of the protection afforded to them by the mandatory rules of the legislation of their country of residence. Failing an amicable settlement, disputes relating to orders placed on the site fall within the exclusive jurisdiction of the French courts, notwithstanding a plurality of defendants or third-party proceedings.
15. APPENDIX: MODEL WITHDRAWAL FORM
(Please complete and return this form together with your order number only if you wish to withdraw from the contract. We also advise you to specify your order number)
For the attention of:
Château Tour Grand Faurie
1346 route de Faurie, 33330 Saint-Émilion
Tel.: 06.82.68.11.80
E-mail: contact@tourgrandfaurie.com
I hereby notify you of my withdrawal from the contract for the sale of the goods below: [………………………………………………. ]
Ordered on [………………………………],
Received on […………………………………]
Order number: [……………………………………………]
Name of customer(s): [………………………………………………………]
Address of customer(s):[…………………………………………………]
Date: [……………………………………]
Signature of customer(s)
(Only in the event of notification of this form on paper)