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General Terms and Conditions of Sale
The company DOMAINE DU CHÂTEAU DE LA CHAIZE, with a share capital of 30,000,000 euros, whose registered office is located at 500 Route de La Chaize, 69460 Odenas, registered with the R.C.S. of Villefranche-Tarare under number 824 482 103 (hereinafter, the "DOMAINE DU CHÂTEAU DE LA CHAIZE"). It operates the website http://www.chateaudelachaize.fr (hereinafter the "Site").
The detailed general terms and conditions of sale below govern the contractual relations between any user of the website http://www.chateaudelachaize.fr (hereinafter the "buyer" or the "customer") and the wines and products of DOMAINE DU CHÂTEAU DE LA CHAIZE.
The general terms and conditions of sale (hereinafter the "GTC") detailed below govern, in particular, the terms of order, payment, delivery, and possible return of the Products and apply without restriction or reservation to all sales of Products concluded via the Site for delivery in Metropolitan France.
No particular condition may, unless formally accepted in writing by Domaine du Château de la Chaize, prevail against these General Terms and Conditions of Sale.
The online sale of Products on the Site is exclusively reserved for consumers (as defined by the Consumer Code in force at the time of the order's validation by the Customer, or at the time of the drafting of these GTC, "any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activity"), acting exclusively for their own account and domiciled in mainland France, excluding Corsica.
In accordance with the provisions of articles 1125 and 1127-1 of the Civil Code, the GTC are permanently accessible and/or reproducible by printing from the Site via the hypertext link "General Terms and Conditions of Sale." They take precedence over any other version or any other contradictory document, unless there is prior, express, and written derogation.
Capacity to Contract
The Customer declares on their honor that they have the capacity to contract in accordance with the law and in particular with articles 425 and 1146 of the Civil Code, that they are not a minor, and that they are not subject to a protective measure, in particular guardianship.
To place an order, the customer must have an active account. Account creation can be done online at any time, from the "Account" tab or when validating their cart. When creating their account, the customer accepts the entire General Terms and Conditions of Sale by checking the appropriate box. The customer acknowledges that they are acting for their particular needs, excluding any professional activity.
The customer undertakes to provide accurate information about their identity, address, and other data necessary for access, and to update any changes to this information. The customer is solely responsible for maintaining the confidentiality of their access codes.
Order Placement Method
The Customer can place an order by following the following procedure:
• Browse the Site freely and select the Products by clicking on the buttons and links provided for this purpose, which allows these Products to be placed in an electronic "cart";
• Access the "cart" to check and possibly modify its content;
• Enter the delivery and billing information;
• Confirm the whole, possibly modify the information and the order;
• Click on the "order" button, which redirects to the online payment system;
• Pay online.
Any order is considered final after payment is received (when the online payment system returns an acknowledgment of successful execution of the secure payment transaction to our server) and confirmation by our services. If the payment presents any anomaly, the order will be automatically canceled. DOMAINE DU CHÂTEAU DE LA CHAIZE will electronically acknowledge receipt of the order that has been sent to it.
Availability of Stocks
DOMAINE DU CHÂTEAU DE LA CHAIZE undertakes to honor orders received on the Internet site only within the limit of available product stocks. DOMAINE DU CHÂTEAU DE LA CHAIZE reserves the right to change the Products offered on the Site at any time and without notice.
In the absence of product availability, DOMAINE DU CHÂTEAU DE LA CHAIZE undertakes to inform the Buyer as soon as possible, who will have the option to modify or cancel their order. The unavailability of the product cannot engage the responsibility of DOMAINE DU CHÂTEAU DE LA CHAIZE or give rise to damages and interest for the customer.
DOMAINE DU CHÂTEAU DE LA CHAIZE reserves the right to refuse and/or cancel any order that does not comply with these GTC, any abnormal order in terms of the quantities ordered, or any order placed by a Customer who has made abusive claims or returns, or with whom there is a dispute.
3. PRODUCT INFORMATION
Information regarding the essential characteristics and main features of the Products can be accessed by clicking on each product on this Site. The Customer is required to review this information before placing an order; the choice and purchase of the Product is therefore their sole responsibility.
DOMAINE DU CHÂTEAU DE LA CHAIZE reserves the right to modify the content of the information on the Site. Minor variations in the representation of the Products cannot engage the responsibility of DOMAINE DU CHÂTEAU DE LA CHAIZE or affect the validity of the sale.
The sale prices are indicated in euros (€), all taxes included (TTC). DOMAINE DU CHÂTEAU DE LA CHAIZE reserves the right to modify its prices at any time. The products ordered will be invoiced at the prices in effect at the time of order registration.
Prices take into account the applicable VAT rate on the day of the order, which is 20%. Any change in the rate will be reflected in the prices of the Products after the effective date of the new applicable rate.
Unless otherwise stated, transportation will be at the expense of the Buyer, according to the applicable rate. Prices are net, including packaging, except for special packaging charged separately. DOMAINE DU CHÂTEAU DE LA CHAIZE commits to the prices announced on the site on the day of the order, within the limit of available stocks.
All prices are given subject to manifest typographical error and/or computer bug.
The Products are intended exclusively for the private consumption of the Customer and may not, under any circumstances, be resold.
5. SECURE PAYMENT
Products ordered on the website http://www.chateaudelachaize.fr from DOMAINE DU CHÂTEAU DE LA CHAIZE are payable in full at the time of order and in euros. Payment is made by credit card via the Stripe system (secure online payment).
In the event that, for any reason whatsoever (opposition, refusal by the issuing center, etc.), the debiting of the sums due by the Customer proves impossible, the sale will be immediately terminated, the order will be canceled, and the Customer will not be delivered.
The order will be processed within a maximum period of 15 days from the day following the confirmation of the order payment.
Products ordered on this site can only be delivered in Metropolitan France. The order will be delivered to the address provided by the customer when placing the order. Otherwise, DOMAINE DU CHÂTEAU DE LA CHAIZE cannot be held responsible for the inability to deliver the Products as required. An error in the delivery address, the delivery location, or any other problem requiring a new delivery will be invoiced to the Customer at the actual cost of the new delivery, which will be subject to payment of these additional costs.
Delivery costs are expressly specified before the end of the order and price payment process. They are determined based on the volume of bottles ordered.
All orders require the Customer to pay the price online:
• Delivery charges for orders under €299 TTC: €30 (€) TTC
• Free shipping for orders over €299TTC
In the event of an exceptional event causing a delay or preventing delivery, DOMAINE DU CHÂTEAU DE LA CHAIZE will make its best efforts to inform the Customer of the shipment status of their package but cannot be held responsible for the delay.
Wine Quality: DOMAINE DU CHÂTEAU DE LA CHAIZE cannot be held responsible for any quality degradation caused by the transportation of the wine. In particular, it is not responsible for any damage caused by electrical or magnetic phenomena.
7. CLAIMS AND WARRANTY
In any case, the product is transported at the risk and peril of the Buyer.
Upon receipt of the package, the Buyer is required to check the condition of the packaging and its contents in relation to the references and quantities listed on the order form.
The signature of the delivery receipt constitutes acceptance by the Buyer.
If breakage is observed, the Buyer must refuse the damaged package, mentioning it on the delivery note and informing DOMAINE DU CHÂTEAU DE LA CHAIZE.
In the case of apparent defects or non-conformity of the delivered product, the Buyer has a warranty that allows them to return it in accordance with articles L.211-4 and following of the Consumer Code.
Any possible complaints regarding apparent defects or non-conformities of the delivered product must be made in writing to the Seller within seven days following the date of receipt of the merchandise by the Buyer. It is the responsibility of the Buyer to provide any evidence regarding the reality of any defects or possible anomalies identified.
The products thus returned will be checked by the quality department to detect any anomalies.
For any anomaly duly noted by the quality department, the Buyer may, at their discretion, obtain a free refund or the issuance of a credit, excluding any indemnity or damages.
8. RESERVATION OF OWNERSHIP CLAUSE
During the period prior to this payment, the merchandise, the subject of the order, remains the full property of DOMAINE DU CHÂTEAU DE LA CHAIZE, but the Buyer assumes all risks from delivery. The transfer of ownership and risks occurs upon delivery of the Products to the Customer.
9. RIGHT OF WITHDRAWAL
In accordance with the provisions of articles L221-18 and L221-21 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the receipt of their order.
During this period, the Customer may exercise their right of withdrawal without having to provide a reason or pay any penalties and must express their intention to withdraw by means of an unambiguous written statement before the expiry of the period mentioned above. After this period, no form of exchange or refund can be granted.
This right of withdrawal is only possible if the Products are returned in perfect resale condition and show no signs of damage (the product itself is neither opened, damaged, torn, stained, broken, etc.).
This request should be made by registered letter with acknowledgment of receipt to the Seller's address, accompanied by the returned products in their original packaging, at the Buyer's expense, to the following address:
DOMAINE DU CHÂTEAU DE LA CHAIZE
Customer Service - 500 Route de La Chaize, 69460 ODENAS - France
It is the responsibility of the Customer to provide proof of this return, with the return costs and risks borne by the Customer.
In the event of the return of goods, DOMAINE DU CHÂTEAU DE LA CHAIZE is obligated to reimburse the full amount paid or issue a credit, as soon as possible and no later than thirty days from the exercise of the right of withdrawal. The Buyer can, however, choose, upon express request, another method of payment than the one initially proposed.
The Products are packaged in accordance with current transport standards to ensure optimal protection of the Products during delivery. Therefore, the Customer is requested to adhere to these same standards when returning the Product and to return it in its original condition.
Any damage to a Product identified upon return and due to a packaging problem that has not been respected may result in a partial refund or non-refund of the Product in the event of breakage or inability to resell in its original condition.
For any advice, you can contact +33 4 74 03 41 05.
Monday to Friday from 9:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 5:00 p.m.
10. PROTECTION OF MINORS
In accordance with the provisions of Article L3342-1 of the Public Health Code, the sale of alcohol to minors is prohibited. The Customer agrees to be at least 18 years old when placing an order on the website https://www.chateaudelachaize.fr.
Excessive alcohol consumption is harmful to health and should be consumed in moderation.
Alcohol should not be consumed by pregnant women.
11. DATA PRIVACY
Under the French Data Protection Act of January 6, 1978, personal information is necessary for order processing. They may be included in the customer file of DOMAINE DU CHÂTEAU DE LA CHAIZE, and the Buyer has the right to access, object to, and rectify the data concerning them. Through us, the Buyer may receive proposals from other companies. If they do not wish to receive them, they simply need to make a written request to Domaine du Château de la Chaize, specifying their contact information. The processing of buyer information has been declared to the French National Commission for Data Protection and Liberties (CNIL).
The Seller implements all means to ensure the confidentiality and security of data transmitted through the website. In this regard, the website of DOMAINE DU CHÂTEAU DE LA CHAIZE uses a secure payment module.
DOMAINE DU CHÂTEAU DE LA CHAIZE undertakes to describe the products sold on the website with the greatest accuracy.
DOMAINE DU CHÂTEAU DE LA CHAIZE shall not be held responsible for the non-performance of the contract in case of stockout or unavailability of the product due to a force majeure event. DOMAINE DU CHÂTEAU DE LA CHAIZE shall not be held responsible for any indirect damages that may arise from the purchase of products, including the inability to use all or part of the shipment.
In any case, the liability of DOMAINE DU CHÂTEAU DE LA CHAIZE cannot be incurred if the non-performance of its obligations is attributable to an unforeseeable and insurmountable act of a third party to the contract or to a force majeure event.
Use of the Internet network: the liability of DOMAINE DU CHÂTEAU DE LA CHAIZE cannot be incurred for any inconveniences or damages inherent to the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses, or any events qualified as force majeure according to jurisprudence.
Hypertext links established as part of the Site to other resources on the Internet network do not engage the liability of DOMAINE DU CHÂTEAU DE LA CHAIZE. Furthermore, DOMAINE DU CHÂTEAU DE LA CHAIZE shall not be liable in the event of fraudulent use of the Site by the Customer.
13. PHOTOGRAPHS & ILLUSTRATIONS
The product photographs are provided for illustrative purposes only and are not contractual.
DOMAINE DU CHÂTEAU DE LA CHAIZE takes the greatest care and accuracy in presenting and describing the Products offered on the Site (including photographs and graphics) within the limits of technology, computer equipment used, and in compliance with the best market standards. However, it is possible that non-substantial errors may appear on the Site, which the Customer acknowledges and accepts. The difference in perception between the Products and the photographs or graphics presented on the Site does not constitute non-conformity of the delivered Product. Similarly, minimal variations in the representation of the Products cannot engage the liability of DOMAINE DU CHÂTEAU DE LA CHAIZE or affect the validity of the sale.
14. INTELLECTUAL PROPERTY RIGHTS
The overall structure of this website and all content displayed on this website (images, photographs, logos, trademarks, etc.) are protected by the current laws in France regarding intellectual property and international laws. All reproduction rights are reserved.
Without express authorization from DOMAINE DU CHÂTEAU DE LA CHAIZE, it is strictly prohibited to exploit the content of this website, including reproduction, representation, modification, or adaptation in whole or in part. Any reproduction and distribution of these elements without prior written authorization from DOMAINE DU CHÂTEAU DE LA CHAIZE exposes the offenders to legal action.
15. PERSONAL DATA PROTECTION
DOMAINE DU CHÂTEAU DE LA CHAIZE is committed to preserving the confidentiality of any information provided online by the user.
Any personal information that the user may be required to transmit to DOMAINE DU CHÂTEAU DE LA CHAIZE for the use of certain services is subject to the provisions of Law No. 78-17 on Data Protection and Liberties of January 6, 1978. In this regard, the user has the right to access, rectify, and delete personal information concerning them, which they can exercise at any time by sending a letter to the following address:
Domaine Du Château de La Chaize
Customer Service - 500 Route de La Chaize, 69460 Odenas – France
or an email to: firstname.lastname@example.org
Data processing: DOMAINE DU CHÂTEAU DE LA CHAIZE cannot be held responsible for any potential use of information transmitted electronically if unencrypted information (name, address, email) is intercepted by a third party during transmission.
16. APPLICABLE LAW AND DISPUTE
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions will retain their full force and effect.
The language of this contract is English. Regardless of the user's nationality, all clauses of these General Terms and Conditions of Sale, all transactions and purchases made through the website chateaudelachaize.fr, as well as by mail and phone, are governed by French law and regulations.
All disputes arising from operations of purchase and sale concluded in accordance with these GTC, regarding their validity, interpretation, execution, termination, consequences, and aftermath, which could not have been resolved between the company DOMAINE DU CHÂTEAU DE LA CHAIZE and the Customer, shall be submitted to the competent courts in accordance with common law.
In accordance with the provisions of articles R152-1 and following of the Consumer Code, the Customer is informed that they can, in any case, resort to conventional mediation, in particular through the "Online Dispute Resolution" (ODR) platform accessible at the following address http://ec.europa.eu/consumers/odr/, or any alternative method of dispute resolution (conciliation, for example).