These General Terms and Conditions of Sale are applicable in the event of the sale of products by the professional Seller to a consumer on the www.chateau-du-rouet.com website.
ARTICLE 1 : DEFINITION.
"Vendor": SAS SAVATIER SELECTION with a share capital of 1,200,000.00 euros, whose head office is located at Domaine du Château du Rouët, Route de Bagnols en Forêt, 83490, Le Muy and registered with the Fréjus Trade and Companies Register under number 438 897 001, with a unique VAT identification number FR17438897001, and who can be contacted on the following telephone number +33 (0)4 94 99 21 10 and at the following e-mail address contact@chateau-du-rouet.com.
"Customer": Any natural person or legal entity (non-professional) acting for purposes that do not fall within the scope of its commercial, industrial, craft, liberal or agricultural activity.
"Products": All of the Products offered for sale by the Vendor that appear in the Vendor's digital catalog. These catalogs describe the Products, present their essential characteristics and determine the prices corresponding to each Product.
"General Conditions": Refers to all the General Conditions of Sale below.
"Site": refers to the Seller's website, www.chateau-du-rouet.com/.
ARTICLE 2 : PURPOSE - GENERAL PROVISIONS.
2.1 These General Terms and Conditions of Sale (hereinafter referred to as the "General Terms and Conditions") apply to all sales made by the SAS Savatier Selection (hereinafter referred to as the "Vendor") to any consumer or non-professional purchaser (hereinafter referred to as the "Customer") wishing to purchase the products offered for sale by the Vendor on its website http://www.chateau-du-rouet.com/.
2.2 These General Terms and Conditions are accessible at all times on this website and shall prevail, where applicable, over any other contradictory version. Modifications to these General Terms and Conditions are enforceable against users of the site from the time they are posted online. The version applicable to a Customer's purchase is that in force on the Site on the date the order is placed.
2.3 All orders imply unreserved acceptance of these General Terms and Conditions. Consequently, validation of the order by the Customer implies acceptance of the General Conditions.
When opening a Customer Account or validating an order, clicking on the "I accept the general terms and conditions of sale and have been informed of my right of withdrawal" button indicates the Customer's consent to the application of these General Terms and Conditions. The General Conditions are accessible via a hypertext link. The Customer declares that he/she has read the General Terms and Conditions and accepts them by ticking the appropriate box before proceeding with the online ordering procedure.
2.4 The sale is deemed concluded on the date of acceptance of the order by the Vendor.
ARTICLE 3 : PRICES - DISCOUNTS.
3.1 The prices of the Products offered for sale by the Vendor are indicated in euros, including VAT, but excluding the cost of shipping the order on the Vendor's website. Transport costs will be invoiced in addition according to the quantities ordered under the conditions indicated on the site and calculated prior to placing the order.
3.2 Prices are those in force at the time the order is placed.
3.3 A discount on the price is automatically calculated from thirty-six (36) bottles ordered.
ARTICLE 4 : TERMS OF PAYMENT.
4.1 Unless otherwise expressly agreed, payment shall be made in cash when the order is placed.
4.2 Payment for orders is made via the www.chateau-du-rouet.com website using secure payment methods:
- By credit card (Visa, Mastercard)
- By bank transfer (the Vendor's bank details are provided after validation of the Customer's order)
- By cheque (the Vendor's order and contact details are provided to the Customer after validation of the order).
4.3 The order will be processed upon receipt of payment and subject to its collection. The Vendor is not obliged to supply the Products ordered by the Customer unless payment has been received in full.
4.4 An invoice will be drawn up by the Vendor and given to the Customer upon delivery of the Products ordered, or sent to the Customer by e-mail upon confirmation of the order.
ARTICLE 5 : ORDERING.
5.1 The Vendor reserves the right not to register a payment or confirm an order for any reason whatsoever, particularly in the event of supply difficulties.
5.2 Product offers are subject to availability. Information on the availability of Products is provided at the time the order is placed.
5.3 To place an order, the basket must contain at least six (6) bottles.
5.4 Beyond two hundred and four (204) bottles, it is impossible to place an order on the website, it will be necessary to contact the Seller by telephone or email.
ARTICLE 6 : DELIVERIES - DELIVERY TIMES
6.1 The products presented on the website are offered for sale and delivery throughout mainland France.
6.2 The parcel number will be indicated to the Customer by e-mail, to enable him to track his delivery.
6.3 Delivery charges will be invoiced at the rate in force on the day the order is placed. The Customer undertakes to take note of the delivery terms and conditions before final validation of the order.
6.4 The Products ordered will be delivered by a road haulier within 30 days of final validation of the order (receipt of payment and subject to its collection) to the delivery address indicated by the Customer when ordering the Products.
6.5 Within the framework of its obligation of means, the Vendor undertakes to make its best efforts to supply the Products ordered by the Customer within the aforementioned deadlines.
6.6 In the event of failure by the Vendor to meet the delivery deadline, for any reason other than the fault of the Customer or force majeure, the sale may be cancelled by written request from the Customer. The Vendor will refund the sums paid by the Customer at the latest within 14 days of receipt of the written request. However, failure to meet delivery deadlines shall not give rise to the payment of any compensation whatsoever. In the event of delivery of the Products after the request for cancellation, the Customer undertakes to return the Products to the Vendor within 15 days of receipt.
ARTICLE 7 : TRANSFER OF RISK.
7.1 The Products sold will remain the property of the Vendor until full payment of the price in principal and accessories.
7.2 The transfer of risk in the Products is transferred to the Customer as soon as the goods are physically made available.
ARTICLE 8 : LIABILITY.
The Vendor may not be held liable for any event resulting from misuse of the Products ordered, inability to access the Internet, delays in delivery not caused by the Vendor, inaccuracy of information available on the Site, or force majeure (article 1218 of the French Civil Code).
ARTICLE 9 : FORCE MAJEURE.
The Vendor accepts no liability for any failure to meet its contractual obligations in the event of force majeure, including, but not limited to, natural disasters, fire, internal or external strikes, internal or external failures or breakdowns, and in general any event meeting the criteria of article 1218 of the French Civil Code which prevents the proper execution of orders.
ARTICLE 10 : RIGHT OF WITHDRAWAL
10.1 In accordance with article L. 221-18 of the French Consumer Code, the consumer who concludes a contract by means of distance communication has a withdrawal period of fourteen (14) days from the date of receipt of the Products to return to the Vendor and cancel the order without having to justify his decision or pay any penalty, for the purpose of exchange or reimbursement.
10.2 To exercise his right of withdrawal, the Customer has fourteen (14) days to inform us of his intention to withdraw. The right of withdrawal may be exercised by post to the Vendor's address or by e-mail to contact@chateau-du-rouet.com, mentioning the order concerned by the withdrawal in accordance with the model form below, or by any other unambiguous statement expressing the Customer's wish to withdraw.
MODEL WITHDRAWAL FORM (Please complete and return this form only if you wish to withdraw from the contract).
For the attention of [the professional here inserts his/her name, geographical address and e-mail address] :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
10.3 The Customer is hereby informed that the cost of returning Products in the event of retraction shall be borne exclusively by the Customer. Only the cost of return shipment shall be borne by the Customer. Products must be returned with the invoice.
10.3 The price of the Products ordered as well as the shipping costs will be reimbursed to the Customer within a maximum of fourteen (14) days of receipt of the Products by the Vendor, or at least of proof of shipment of the Products.
10.4 Products must not have been used or damaged and must be returned intact in their original packaging with any accessories. The Customer may be held liable in the event of deterioration of the Product by the Customer.
ARTICLE 11 : LEGAL WARRANTY OF CONFORMITY AND HIDDEN DEFECTS.
11.1 The Customer benefits from the legal warranty of conformity provided for in articles L 217-3 et seq. of the French Consumer Code and the legal warranty relating to hidden defects provided for in articles 1641 et seq. of the French Civil Code on all the Vendor's Products.
11.2 The Vendor warrants the Customer against defects in conformity occurring within two years of delivery of the Products sold and existing on the day of delivery. A lack of conformity is defined as any defect which renders the goods unfit for the use normally expected of similar goods, and in particular any defect which does not correspond to the description given by the Vendor, or any defect in design or manufacture. A lack of conformity is also understood to mean that the goods sold do not have the characteristics agreed between the Customer and the Vendor, or that they are unsuitable for a specific use stated by the Customer and accepted by the Vendor. Defects of conformity which appear within 24 months of delivery of the Products are presumed to exist on the date of delivery. The Customer may choose between replacement of the Product sold, rescission of the contract or a reduction in price. The Product will be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request. For the replacement or refund of the Product, the Customer must keep the defective Product. The burden of proof concerning non-conformity lies with the Customer.
11.3 The Vendor guarantees the Customer against any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the Customer would not have purchased it, or would only have paid a lower price for it, had he been aware of them. The Customer has two (2) years from the date of discovery of the defect to invoke the warranty for latent defects. This must not exceed 20 years from the date of purchase. The burden of proof concerning the latent defect lies with the Customer. To invoke the latent defect warranty, three conditions must be met: the defect must be a latent defect (not apparent at the time of purchase), the defect must render the good unusable or greatly diminish its use, and finally the defect must exist at the time of purchase of the Product. The Customer may choose between rescission of the contract and a reduction in the purchase price in accordance with article 1644 of the French Civil Code.
11.4 To invoke one of these legal warranties, the Customer may submit his request by mail addressed to the Vendor's address, or by e-mail to contact@chateau-du-rouet.com.
ARTICLE 12 : LEGAL MAJORITY - AGE RESTRICTIONS.
12.1 To access the Site, create an account or place an order, the user of the Site must be at least eighteen (18) years of age. If you are a minor, please do not attempt to access the Site, create an account or place orders for Products.
12.2 Each user will be asked to confirm his/her age when creating an account and each time the user wishes to access the Site.
12.3 By placing an order and accepting the General Terms and Conditions, the Customer undertakes to be of legal age and to have legal capacity.
ARTICLE 13 : MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS.
Modifications or updates to the General Terms and Conditions are binding on the Site's Customers as of the date they are put online and cannot be applied to transactions concluded previously.
ARTICLE 14 : INTELLECTUAL PROPERTY AND IDENTIFICATION SIGNS.
14.1 The Customer has no intellectual or industrial property rights over the Products, packaging, etc. The Vendor remains the exclusive owner of all such rights.
14.2 Any use in any way whatsoever by the Customer of any of the trademarks belonging to the Vendor is strictly forbidden, except with the express agreement of the Vendor.
14.3 The content and structure of the Site are protected by copyright and other intellectual property rights worldwide. Any reproduction or representation, in whole or in part, of any content on the Site (text, images, iconographic or photographic representations, trademarks or logos) for any purpose and on any medium whatsoever is prohibited. Failure to comply with this prohibition constitutes an infringement of copyright, for which the infringer may be held civilly and criminally liable.
14.4 None of the provisions of these General Terms and Conditions may be interpreted as granting the Customer a license to any intellectual property right whatsoever.
ARTICLE 15 : APPLICABLE LAW - APPLICABLE JURISDICTION.
ALL PURCHASES MADE UNDER THESE TERMS AND CONDITIONS ARE SUBJECT TO FRENCH LAW.
IN THE EVENT OF A DISPUTE WITH A CUSTOMER, THE FRENCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION UNDER THE CONDITIONS OF COMMON LAW.
ARTICLE 16 : LANGUAGE OF THE GENERAL TERMS AND CONDITIONS.
The present General Conditions are written in French. In the event of a dispute, only the French version shall be deemed authentic.
ARTICLE 17 : POSSIBILITY OF CONVENTIONAL MEDIATION IN THE EVENT OF A DISPUTE.
17.1 As a consumer, the Customer is entitled to have recourse, free of charge, to a consumer mediator with a view to amicably resolving a dispute with a professional, in accordance with the provisions of Title 5 of Book I of the French Consumer Code:
17.2 If this mediation fails, or if you do not wish to have recourse to it, you remain free to submit your dispute to the competent courts.
ARTICLE 18 : PERSONAL DATA.
18.1 When creating your Customer Account and/or placing your order, the Vendor, as data controller, collects personal data necessary for the conclusion of the contract, its execution, its management and the preparation of invoices.
|
Purpose of processing |
Utilisation des données |
Base légale |
|
Creation and management of a customer account |
Use of the personal data of a User registered on the Website (login, email address or password). |
Contract performance. |
|
Management of orders ands sales of products/services ; Management of complaints |
Use of data to supply the Customer with the products and services ordered, and also to ensure the return of products ordered. |
Performance of a contract. |
|
Management of financial transactions |
Use of information relating to means of payment when the Customer pays for each order. |
Performance of a contract. |
|
Exchanging with customer service |
Personal data is used to interact with customer service in order to improve quality of service. |
Performance of a contract. |
18.2 In principle, the Vendor keeps the Data for a period of twelve (12) months.
18.3 This data may be transmitted to any of the Vendor's partners responsible for the execution, processing, management and payment of orders.
18.4 In accordance with the law of January 6, 1978, the Customer has a right of access, rectification and opposition, deletion, portability, right of withdrawal of consent, and a right to limit the processing of personal data concerning him.
18.5 To exercise any of the aforementioned rights, the Customer may contact the Vendor by writing to the following postal address: Domaine du Rouët, Route de Bagnols en Forêt, 83490, Le Muy or at the following e-mail address contact@chateau-du-rouet.com. The Vendor reserves the right to reply within a maximum of one (1) month from receipt of the User's request.
18.6 The Vendor undertakes to make every effort to respect the User's rights with regard to his/her data. If, however, the User considers that his/her rights have not been respected, the User may lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL): www.cnil.fr.
18.7 For more information, please consult our privacy policy.
ARTICLE 19 : SEVERABILITY CLAUSE.
If any provision of these Terms and Conditions is or becomes invalid, unenforceable or deemed unwritten, the validity of the remaining provisions shall not be affected and shall remain in full force and effect.
|
Finalité du traitement |
Utilisation des données |
Base légale |
|
Création et gestion d’un compte client |
Utilisation des données personnelles d’un Utilisateur enregistré sur le Site Internet (identifiant, adresse email ou mot de passe). |
L’exécution d’un contrat |
|
Gestion des commandes et des ventes de produits/services ; Gestion des réclamations |
Utilisation des données pour fournir au Client les produits et les services commandés, et assurer également le retour des produits commandés. |
L’exécution d’un contrat. |
|
Gestion des transactions financières |
Utilisation des informations relatives aux moyens de paiement lors de la réalisation du paiement de chaque commande par le Client. |
L’exécution d’un contrat. |
|
Echanger avec le service client |
Les données personnelles sont utilisées pour interagir avec le service client afin d’améliorer la qualité de service. |
L’exécution d’un contrat. |