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GENERAL CONDITIONS OF SALE

 

(Updated on 8/05/2020)

 

 

 

 

 

Preamble

 

Châteaux Prestige, a simplified joint-stock company with a capital of one thousand (1,000) euros, whose registered office is located at: 18 Allées de Tourny, 33000 Bordeaux, France, registered in the Bordeaux Trade and Companies Register under the number 883 251 803 (hereinafter the “Seller” or “Châteaux Prestige“) provides an e-commerce service for the sale of wine available at the following address: www.Chateaux-Prestige.com (hereinafter the “Site“) for consumer customers (hereinafter the “Customer(s)“).

 

The purpose of these general conditions of sale (the “General Conditions of Sale“) is to define the rights and obligations of the Seller and the Customer (the “Parties“) in connection with the online sale of goods offered by the Seller to the Customer, from the Site.

 

The Customer declares that they have read and accepted these General Conditions of Sale. In this respect, they are enforceable against them in accordance with the terms of Article 1119 of the Civil Code.

 

1.   Scope of application

 

The present General Conditions of Sale govern all the obligations of the Parties.

 

They are accessible on the website www.Chateaux-Prestige.com, in the “General Conditions of Sale” section and shall prevail, where applicable, over any other version or any other contradictory document issued by the Seller.

 

The Seller and the Customer agree that these general terms and conditions shall exclusively govern their relationship. They will be applicable as soon as they are put online. The Seller reserves the right to modify its general conditions at any time. In case of modification, the general conditions of sale in force on the day of the order will be applied to each order.

 

If a condition of sale is found to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

 

2.   Pre-contractual information

 

 

 

The Customer acknowledges having been informed, prior to placing their order and concluding the contract, in a legible and comprehensible manner, of these general conditions of sale and of all the information listed in Article L. 221-5 of the French Consumer Code.

 

The photos appearing on the site are displayed for illustrative purposes and without contractual value. Customers are invited to refer to the description of each product to know its precise characteristics.

 

3.   Orders

 

3.1. Order validity

 

Availability. All offers are valid while stocks last and according to the conditions stated on the offer. Any mention of stock on the Site is indicative.

 

In relation to en primeur wines, the Châteaux are the sole decision makers regarding the aging of their wines, the choice of bottling date and the availability of their wines. Châteaux Prestige cannot be held responsible for the bottling date nor for any decision by the Châteaux not to market the vintage sold as en primeur.

 

In case of unavailability of a product after the order, the Customer will be informed by e-mail. In this case, Châteaux Prestige will offer to the Customer the refund of the product and the related delivery costs, if they have been actually paid, or a credit note for a period of one year as from its issue. Any claim related to the unavailability of a product shall not give rise to any compensation, nor to any indemnity other than reimbursement or the granting of a credit note for a period of one year from its date of issue.

 

Consumer customers. The offers present on the Site www.Chateaux-Prestige.com are exclusively reserved for consumer customers within the meaning of the French Consumer Code. On the other hand, they are not intended for persons acting in a professional capacity or with the intention of reselling the products acquired on the www.Chateaux-Prestige.com Site. Châteaux Prestige reserves the right to apply restrictions on available quantities, or even to refuse or cancel an order that is manifestly abnormal in view of the above.

 

Full price. Orders are confirmed by the sending of the invoice, but are not final until full payment of the price of the goods has been received. In the event of non-payment of the price within the agreed term, the sale will be cancelled as of right.

 

3.2. Price

 

The Seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect at the time of the order, subject to availability on that date and except in the case of a manifest error in the display of prices resulting from a computer error. In this case, Châteaux Prestige may cancel all or part of the order in return for the reimbursement of the products concerned to the Client.

 

The prices are indicated in euros. They do not take into account delivery costs, which are invoiced in addition and indicated before the validation of the order.

 

  • For orders of deliverable wines, the prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products on the Site.

 

  • For en primeur wine orders, prices do not include VAT.

 

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, whether increasing or decreasing, this change may be reflected in the selling price of the products.

 

3.3. Terms and conditions of payment

 

Unless expressly agreed otherwise between the parties, payment for the goods is made in full at the time of order, either by credit card such as Carte Bleue, Visa, Eurocard Mastercard, by PayPal, or, with prior agreement from Châteaux Prestige by bank transfer to the following account:

 

IBAN: FR76 3000 4025 6100 0113 7688 122

 

BIC Code: BNPAFRPPXXX

 

Any transaction exceeding 20,000 Euros incl tax can only be made by bank transfer to the details above.

 

No postponement will be possible without the prior consent of Châteaux Prestige.

 

Any sum not paid on the due date will automatically and by right, without prior formal notice, give rise to a penalty at the legal interest rate in force.

 

 

 

 

 

Wine deliverables

 

An invoice expressed in Euros including all taxes will be issued by Châteaux Prestige and sent by email to the Customer at the billing address indicated at the time of the order. For any order over 500 Euros incl tax delivered in one batch to an address located in metropolitan France, the delivery will be free of shipping charges and sent in a secure cardboard box.  For any order fewer than 500 Euros incl tax, a contribution to the transport costs will be required for a variable value according to the quantities, indicated when the order is placed. For deliveries in French overseas territories or internationally, please contact us by email at the following address contact@chateaux-prestige.com.

 

 

 

En-primeur wine

 

At the time of their order, the Customer will only pay the amount excluding taxes and delivery costs. This amount corresponds to a deposit and gives rise to the reservation of en primeur wines. Following this down payment, the customer will receive a pro-forma invoice (excluding VAT) by e-mail to the billing address indicated at the time of the order.

 

After the wines have been made available by the Château, generally within eighteen (18) to twenty-four (24) months following the en primeur sales (for example, for the 2019 vintage, the latter will be the subject of en primeur sales in the first half of 2020, and will be made available by the Château, in the first quarter of the year 2022), Châteaux Prestige will send a final invoice to the Customer outlining:

 

  • VAT calculated at the rate in force on the date of issue of the final invoice; and

 

  • the delivery costs that the Customer will have to pay to confirm their order.

 

For any order over 500 Euros incl tax per vintage and deliverable to a single address in Metropolitan France, the delivery will be free of shipping charges and sent in a secure cardboard box. For deliveries in French overseas territories or internationally, please contact us by email at the following address contact@chateaux-prestige.com.

 

Following the information of the availability of the en primeur wines by the Site, the Customer will have a period of thirty (30) days from the date of issue of the final invoice, to pay the VAT amount and delivery costs.

 

If the Customer does not themselves or does not pay the final payment for their en primeur wines within thirty (30) days, a storage fee of 2.5% per annum of the final invoice, excluding delivery costs, will apply, as well as late-payment penalties at the legal rate in force.

 

Châteaux Prestige reserves the right to cancel the order after a delay of three (3) months without any manifestation from the customer.

 

In view of the delays that exist when purchasing en primeur wines, the Customer undertakes to inform Châteaux Prestige, in writing, of any change of contact details that could make it impossible to contact him/her. Châteaux Prestige undertakes to try to contact the customer by all means at its disposal (mail, e-mail, telephone, fax) in order to honour the orders placed on its site.

 

4.   Deliveries

 

4.1. Delivery times

 

Except in the event of Force Majeure or during closing periods of the online shop which will be clearly announced on the home page of the site, deliveries will be made within a maximum of thirty (30) working days from receipt of full payment of the final invoice.

 

The delivery times mentioned on the Site, i.e. from three (3) to four (4) days on average (working days), for wine deliverables are indicative and, under no circumstances shall a delay in delivery of less than thirty (30) days from receipt of the order or the receipt of payment by the Site justify a claim for damages, nor a cancellation of the order by the Customer.

 

The products are delivered to the address indicated by the Customer on the order form, the Customer must ensure its accuracy. Any parcel returned to Châteaux Prestige because of an erroneous or incomplete delivery address will be reshipped at the expense of the Customer and Châteaux Prestige cannot be held responsible for the inability to deliver the goods in the place and time required.

 

The Customer may, at their request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

 

If the delivery period of thirty (30) days is not respected, except in case of Force Majeure, the Client can, by registered letter with acknowledgement of receipt or by writing on another durable medium, terminate the contract if, after having solicited, according to the same modalities, Châteaux Prestige to carry out the delivery within a reasonable additional period of time, Châteaux Prestige has not carried out the contract within this period. The contract will be considered as terminated on receipt by Châteaux Prestige of the letter or the writing informing it of this resolution unless Châteaux Prestige has performed the contract in the meantime.

 

The Customer shall obtain a refund of their payment, excluding, where applicable, any delivery costs already incurred and any other compensation or damages, at the latest within fourteen (14) days following receipt of their request for termination of the contract.

 

 

 

4.2. Receipt of delivery

 

All goods are transported in declared value and are insured against theft and breakage.

 

Upon receipt of the goods, it is the responsibility of the recipient to check the condition of the goods, their compliance with the order form and to make all necessary observations:

 

  • In the event of non-conformity of the goods with the order form (errors, missing items, etc.), it is up to the recipient to express their reservations in a legible and comprehensible manner on the delivery slip.

 

Mention such as “subject to” or “subject to unpacking” have no legal value and will not allow the Customer to preserve their rights. In the event that the carrier refuses to wait for the validation of the goods, the Customer shall mention on the delivery note “valuable merchandise, the carrier did not accept the control“.

 

  • In the event of breakage or damage (damaged labels, leaks, etc.) when checking the goods, it is up to the recipient to refuse delivery.

 

In the event that the carrier refuses to take back the goods, the Customer will mention on the delivery note “damaged goods, the carrier did not accept the return“.

 

These verifications are considered to have been carried out once the Customer, or a person authorised by them, has signed the delivery slip. In the case of a delivery slip signed without reservations, no complaint can be taken into account by Châteaux Prestige.

 

4.3. Claims

 

The Client must notify Châteaux Prestige on the day of delivery or at the latest on the first working day following delivery, of any error of delivery or nonconformity of the products in relation to the indications appearing on the order form.

 

The complaint must be made by email to the following address contact@chateaux-prestige.com by means of the Return Form

 

Upon receipt of the complaint, Châteaux Prestige will assign an exchange number for the product(s) concerned and will communicate it by e-mail to the Client.

 

Any product to be exchanged must be returned to the Seller in its original bottle packaging, Colissimo Recommended, to the following address: Châteaux Prestige; 18 Allées de Tourny; 33000 Bordeaux; France. Excluding original wooden cases or shipping boxes, in which case we will ensure collection. The return costs will be paid by Chateaux Prestige.

 

Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller, where applicable, from any liability vis-à-vis the Customer.

 

4.4. “Mixed” orders

 

So-called “mixed” orders are orders that include both wine deliverables and en primeur wines. In this case, the wine deliverables are sent according to the conditions set out in paragraph 4.1 “Delivery times” and the en primeur wines are reserved for subsequent shipment following receipt of full payment of the final invoice (see paragraph “En Primeur Wines“). It is understood that the Customer shall initially pay the delivery costs related to the wines to be delivered and shall subsequently pay the delivery costs (as well as VAT) of the en primeur wines.

 

4.5. Delivery fees

 

Delivery fees are as follows:

 

  • France delivery:

 

Up to €100 incl tax: €15 incl tax per order.

Between €100 incl tax and €500 incl tax: €9.90 incl tax per order.

Above €500 incl tax: delivery charges are free

 

The delivery will be made in a secure shipping box.

 

It is also possible in France to be delivered in original wooden cases for an additional cost of €50 (including tax) per case.

 

  • BENELUX and Spain delivery:

 

€25 incl tax for any order less than or equal to 12 bottles.

 

€45 incl tax for any order of more than 12 bottles.

 

Delivery only by secure shipping box.

 

  • Germany, Austria, Ireland, Italy, Portugal and the United Kingdom delivery:

 

€30 incl tax for any order less than or equal to 12 bottles.

 

€60 incl tax for any order over 12 bottles.

 

Delivery only by secure shipping box.

 

  • Switzerland Delivery:

 

€60 incl tax for any order less than or equal to 3 bottles,

 

€80 incl tax for any order between 4 and 6 bottles included,

 

€100 incl tax for any order between 7 and 12 bottles included,

 

€130 incl tax for any order between 13 and 18 bottles included,

 

€170 incl tax for any order between 19 and 24 bottles included,

 

for more than 24 bottles, please contact us.

 

Delivery only by secure shipping box.

 

 

 

5.   Right of rectification

 

5.1. Right of withdrawal

 

In accordance with the provisions of the Consumer Code, the Customer has a withdrawal period of fourteen (14) days from the date of delivery of the order to return any item that does not suit them or request an exchange or refund, with the exception of transport costs, which remain at their expense. In the case of a contract covering several goods ordered by means of a single order and if these goods are delivered separately, the period shall expire fourteen days after receipt of the last good. For “mixed” orders, the receipt of the last good corresponds to the receipt of the last deliverable.

 

The products must, however, be returned in their original packaging and in perfect condition within fourteen (14) working days following the notification to Châteaux Prestige of the Client’s decision to withdraw.

 

Returns must be made in their original condition and complete (packaging preserved, wooden case unopened, label undamaged, etc..) allowing their remarketing, accompanied by the purchase invoice. Damaged or open, soiled or incomplete bottles and cases will not be taken back.

 

 

5.2. Methods of withdrawal

 

The right of withdrawal can be exercised online, using the return form available hereby email to the following address contact@chateaux-prestige.com or by any other means to the following postal address: Châteaux Prestige, 18 Allées de Tourny, 33 000 Bordeaux. An acknowledgement of receipt on a durable medium will be communicated to the Customer.

 

In case of exercise of the right of withdrawal within the above-mentioned period, at the Customer’s discretion:

 

  • the purchased product(s) are exchanged; or
  • the price of the product(s) purchased as well as, where applicable, the delivery costs (with the exception of additional delivery costs resulting from the Customer’s choice of a delivery method other than the less expensive standard delivery method proposed at the time of the order) shall be reimbursed.

 

The costs of return are at the expense of the Customer.

 

The exchange (subject to availability) or refund will be made within fourteen (14) days from the reception, by Châteaux Prestige, of the products returned by the Customer. Refunds will be made using the same means of payment as that used by the Customer for the initial transaction unless a different means of refund is agreed between the parties.

 

Any returned product must be returned to the Seller in its original bottle packaging, Colissimo Recommended, at the following address: Châteaux Prestige; 18 Allées de Tourny; 33000 Bordeaux; France. Excluding original wooden cases or shipping boxes, in which case we will ensure collection. The return costs will be borne by the customer.

 

5.3. Exceptions to the right of withdrawal

 

As an exception, the Customer does not have the right of withdrawal for the following orders:

 

  • orders for en primeur wines;
  • orders for products that are subject to customisation or a specific request from the Customer (special formats, customised packaging, etc.);
  • bottles which have been opened by the consumer after delivery and which cannot be returned for health protection or hygiene reasons.

     

    6.   Force majeure

     

    Any circumstances beyond the control of the Parties which prevent the performance of their obligations under normal conditions shall be considered as grounds for release from their obligations and shall lead to their suspension.

     

    The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence, as well as of their disappearance

     

    All irresistible facts or circumstances, external to the Parties, unforeseeable, unavoidable, independent of the will of the Parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure (“Force Majeure“). The following are expressly considered to be cases of force majeure or unforeseeable circumstance, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

     

    The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than six months, these general conditions may be terminated by the affected party.

     

    7.  Legal guarantees

     

      

     

    Legal guarantee of conformity and hidden defects

     

    Châteaux Prestige guarantees the conformity of the goods to the contract, allowing the Customer to make a claim under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the warranty against defects of the goods sold within the meaning of articles 1641 and following of the civil code.

     

    In case of implementation of the legal guarantee of conformity, it is reminded that:

    – The Customer has a period of 2 years from the delivery of the goods to act;

    – The Customer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the French Consumer Code;

    – The Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods;

    – The Customer may decide to implement the warranty against hidden defects of the goods sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

     

     

    It is specified that Châteaux Prestige declines all responsibility for the intrinsic quality of the wine in the bottle. For example, Châteaux Prestige will not be held responsible in case of corked bottles or any other defect of which Châteaux Prestige could not know the existence in good faith.

     

    8.  Protection of minors and alcohol abuse

     

    In accordance with article L.3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. Access to the Site is therefore reserved for adults only. Châteaux Prestige reserves the right to ask the Client for any proof of age and the Client agrees to be at least eighteen years old at the date of the order.

     

    Alcohol abuse is dangerous to your health. Enjoy in moderation. For more information on alcohol consumption, go to www.alcoolinfoservice.fr or call 0 980 980 930 (from 8 am to 2 am, standard rate call).

     

    9.  Intellectual Property

     

    The content of the Site (technical documents, drawings, photographs, etc.) remains the property of Châteaux Prestige, the sole owner of the intellectual property rights of this content. Any use or reproduction, even partial, of the Site or its contents is strictly prohibited, except with the express authorisation of its author, and is likely to constitute an infringement of copyright.

     

    10. Data Protection

     

    The personal data provided by the Customer are necessary for processing their order and for the establishment of invoices.

     

    They may be communicated to the Seller’s partners responsible for the execution, processing, management and payment of orders.

     

    The processing of information communicated via the website www.Chateaux-Prestige.com has been declared to the CNIL.

     

    The Customer has a permanent right of access, modification, rectification and opposition regarding the information concerning him/her. This right may be exercised under the conditions and according to the terms and conditions defined on the website www.Chateaux-Prestige.com.

     

    For more information, see our Personal data protection policy.

     

     

     

    11. Partial non-validation

     

    If one or more stipulations of the present General Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. The Preamble is an integral part of these General Conditions of Sale in the same way as each of the articles.

     

    12. Non-waiver

     

    The fact for one of the parties to overlook any breach by the other party of any of the obligations referred to in these general conditions can not be interpreted in the future as a waiver of the obligation in question.

     

    13. Language of the contract

     

    The present general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

     

    14. Amicable settlement and mediation

     

    In the event of a dispute under the present general conditions, the Client is invited to contact Châteaux Prestige in order to find an amicable solution. In the event of failure to reach an agreement, the Customer may have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (Consumer Mediation Commission) or with existing sector-based mediation bodies, or to any alternative dispute resolution method (e.g. conciliation).

     

    15. Applicable law

     

    The present general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. The same applies to the substantive rules as to the rules of form. In the event of a dispute or complaint, the Customer shall first contact the seller to reach an amicable solution. The competent court will be designated in accordance with the rules of common law.

     

     

     

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