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General Sales Terms & Conditions
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1 Designation of the seller
This site, www.chapoutier.com, is edited by M.CHAPOUTIER, a French société anonyme with a capital of 5.408.500 Euros, registered under number 435 580 477, the head office of which is at 18, avenue Docteur Paul Durand, 26600 TAIN L'HERMITAGE.
2 General provisions relating to these Terms of Sale (hereinafter referred to as the TOS)
2.1. Object of the TOS
The TOS are exclusively applicable to the on-line sales of M.CHAPOUTIER products on the site www.chapoutier.com, hereinafter referred to as the site, the access to which is open and free of charge of any internet user.
2.2. Scope of the TOS
The TOS exclusively govern contracts for the on-line sales of the products of M.CHAPOUTIER to purchasers having the capacity of consumers (hereinafter referred to as the consumers) and constitute, with the order, form the contractual documents opposable to the parties, to the exclusion of any other documents, prospectuses, catalogues or photographs of the products which are given for information only.
The TOS are exclusively applicable to the products delivered to the consumers established in Metropolitan France and the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Switzerland.
The TOS as well as all the contractual information mentioned on the site are written in the French language.
2.3. Availability and opposability of the TOS
The TOS are made available to the consumers on the site of M.CHAPOUTIER via the "General terms" hypertext link where they can be directly consulted; they may also be communicated to the consumer upon request by phone, e-mail or post.
The TOS are opposable to the consumer who acknowledges, by ticking a box provided for the purpose that he has read them and has accepted them before placing an order.
The validation of the order by its confirmation is considered as acceptance by the purchaser of the TOS in force at the date of the order, the preservation and reproduction of which are guaranteed by M.CHAPOUTIER pursuant to article 1369-4 of the Civil Code.
2.4. Changes to the TOS
M.CHAPOUTIER reserves the right to change its TOS at any time.
In the event of any changes to the TOS, these changes are opposable as from being put on line and are not applicable to contracts entered into at a later date. The applicable TOS are those in force at the date of the order.
2.5. Clauses of the TOS
The nullity of one of the contractual clauses does not lead to the nullity of the TOS, except if it is an impulsive and decisive clause having brought one of the parties to enter into the sales contract.
The temporary or permanent non-application of one or more of the clauses of the TOS by M.CHAPOUTIER shall not be considered as a waiver on its part of the other clauses of the TOS which continue to have effect.
3 Child Protection
When entering his date of birth on the site's home page, the consumer certifies that he is more than 18 years old at the date of the order.
4 Products
4.1. Characteristics
The products for sale in the catalogue published on the site are accompanied by their description which is accessible on the M.CHAPOUTIER site by clicking on the product concerned; this description mentions the products main characteristics in accordance with article L. 111-1 of the Consumer Code.
The photographs illustrating the products are not a contractual document.
4.2. Compliance
The products comply with the prescriptions of current French law with regard to personal health and safety, the loyalty of the commercial transactions and consumer protection at the time of their marketing.
5 Price
5.1. Sales Price
The sales price of the product is the price in force at the date of the order, taking into account the VAT applicable at the date of the order.
The sales prices, in accordance with article L. 113-13 of the Consumer Code, are given, for each of the products mentioned in the electronic catalogue, in Euros inclusive of VAT, costs of delivery and transport not included.
The costs of delivery and transport will be given to consumers before validation of the order and will be invoiced in addition.
In the event of promotion, M.CHAPOUTIER agrees to apply the promotional price to any order placed during the time of the promotion.
The total amount owed by the consumer is given on the order confirmation page.
5.2. Changes
M.CHAPOUTIER reserves the right to change the prices at any time, while guaranteeing that the consumer will be charged the price in force at the date of the order.
6 Duration of the offer
The on-line sales offers presented on the site are valid, fault of any particular indication as to the length of time, for as long as the products are included in the electronic catalogue and within the limit of the stocks available.
7 Order
7.1. Stages towards the conclusion of the contract
To place an order, the consumer, after having filled his virtual basket indicating the chosen products and the quantities required, then clicks on the "order" button and gives information concerning the delivery and the means of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility of checking the detail of his order and the total price and to return to the previous pages to correct any errors or maybe alter the order.
The confirmation of the order results in the acceptance of the TOS and forms the contract.
After having confirmed the content of his order, the consumer will definitively validate it by the payment. The order will not become final until the payment of the corresponding price has been made.
An electronic mail acknowledging receipt of the order and its payment is sent by M.CHAPOUTIER as soon as possible.
7.2. Changes to the order
Any change made by the consumer to the order after confirmation of his order is subject to the acceptance of M.CHAPOUTIER.
M.CHAPOUTIER reserves the right to make any changes to the ordered product that are in relation to its technical development under the conditions set forth in article R. 132-2-1, V of the consumer code.
7.3. Validation of the order
M.CHAPOUTIER reserves the right to refuse any order for legitimate reasons and more especially if the quantities of products ordered are unusually high for purchasers having the capacity of consumers.
7.4. Unavailability of ordered products
If the products ordered are unavailable for delivery M.CHAPOUTIER immediately informs the consumer and can offer him a product of similar quality and at a similar price. In the event of disagreement, the consumer receives a refund within a maximum of thirty days of the payment of the amount paid.
7.5. Filing and proof
The filing of the communications, order forms and invoices is made on a reliable and sustainable medium so as to constitute a faithful and long-lasting copy in compliance with article 1348 of the Civil Code.
These communications, order forms and invoices can be produced as proof of the contract.
8 Payment
8.1 Deliverable wines
The products ordered are payable in full on ordering and in Euros.
An invoiced expressed in Euros inclusive of VAT will be issued by M.CHAPOUTIER and sent to the customer at the given invoicing address.
In the event of non-payment or refusal to give permission to pay by the accredited organisations, M. CHAPOUTIER reserves the right to refuse the order.
8.2 En-Primeur wines
The order of En-Primeur wines gives rise to the payment of a deposit for the total amount exclusive of VAT and cost of delivery. As soon as the order and its payment are received, M.CHAPOUTIER will send a pro-forma invoice exclusive of VAT. After placing the wines at disposal, M.CHAPOUTIER will send a final invoice showing the VAT calculated at the date of invoicing and the cost of delivery and transport.
In the event of non-payment or refusal to give permission to pay by the accredited organisations, M. CHAPOUTIER reserves the right to refuse the order.
8.3. Terms of payment
Payment is made immediately when ordering by bank card or cheque sent to the address of the head office such as mentioned in article 1, by postal order or bank transfer.
8.4. Securitization of the payment
Payment by bank card is made via the secured site called MERCANET of BNP PARIBAS. This site is registered with 3D SECURE (VISA SECURE) securitization.
9. Cooling off period
9.1 Deliverable wines
As of reception of the products, the consumer has a cooling-off period of seven clear days to return the delivered goods without having to give any reason, nor pay any penalty, to the address set out in article 1.
The cost of returning the products is paid by the consumer.
To return the products, the consumer must first send M.CHAPOUTIER an email at chapoutier@chapoutier.com mentioning the number of the cancelled order so as to obtain a return number.
M.CHAPOUTIER agrees to send the consumer a refund within a maximum period of thirty days from the date at which the right of retraction was exercised, subject to the returned products being in their complete original packaging, in perfect condition and accompanied by the purchase invoice.
9.2 En-Primeur wines
As of reception of his pro-forma invoice, the consumer has a period of seven clear days to request the cancellation of his order.
M.CHAPOUTIER agrees to send the consumer a refund within a maximum period of thirty days from the date at which the right of retraction was exercised.
10 Delivery
10.1 Place of delivery
The products are delivered to the place indicated by the consumer on the order form.
For technical and logistic reasons, the consumer may only be delivered in metropolitan France, Corsica and the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Switzerland.
10.2. Delivery times
M.CHAPOUTIER agrees to delivery the products within 15 days of receiving the order and the payment of the corresponding price.
10.3. Late delivery
Late delivery exceeding seven days and not due to a case of force majeure may lead to the cancellation of the sale by the consumer who, within sixty days of work from the given delivery date, will waive his order by registered letter with acknowledgement of receipt, will if applicable return the products if they have been delivered and will receive from M.CHAPOUTIER within thirty days at the most the refund of his payment, excluding any compensation.
10.4. Delivery terms
Deliveries are made by an independent transport company.
On delivery, a delivery slip should be signed by the consumer who should check on reception the compliance and state of the product's packaging.
In the event of deterioration or partial loss of the product, the consumer has the obligation to make reserves on the delivery slip, a copy of which is sent to the professional seller and, within three days of this reception, notify these reserves to the transport company by registered letter with acknowledgement of receipt in accordance with article L.133-3 of the Commercial Code.
10.5. Compliance of the products
If the product does not comply with the order, the consumer must make a complaint to the professional seller in view of obtaining the replacement of the product or possible the cancellation of the sale.
10.6. Fault of delivery
Total fault of delivery rightfully leads to the termination of the sales contract.
11 Guarantees
11.1. Legal guarantees
All the products provided by the professional seller are covered by the legal compliance guarantee provided for by articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee covering hidden defects provided for in articles 1641 to 1649 of the Civil Code.
Under these guarantees, the professional seller agrees, at the consumer's discretion, to give him a refund or exchange the faulty products or the products that do not correspond with his order.
Article L. 211-4 of the French Consumer Code
The seller has the obligation to deliver a product in compliance with the contract and is liable for any non-compliance existing at the time of delivery. He is also liable for the lack of compliance resulting from the packaging or the assembly instructions or the installation when it is charged to him under the contract or was carried out under his responsibility.
To be in compliance with the contract, the products must:
1 – Be suitable for the use normally expected of a similar product and, as applicable:
• correspond with the description given by the seller and offer the qualities presented by the seller in the form of a sample or model
• present the qualities that a purchaser might legitimately expect considering the public declarations made by the seller, by the producer or his representative, namely in the advertisement or on the label
2 – Or offer the characteristics mutually decided by the parties or be suitable for any special usage required by the purchaser, brought to the knowledge of the seller and that the latter has accepted.
Article L. 211-12 Consumer Code
The action resulting from any non-compliance is barred by periods of two years starting at the date of delivery of the goods.
Article 1641 French Civil Code
The seller is bound by the guarantee covering hidden defects in the sold goods which make them unsuitable for the use for which they are intended, or which reduce this use to such an extent that the purchaser would not have bought them, or would have given a lesser price for them had he been aware of such defects.
Article 1648 sub-paragraph 1 Code civil
The action resulting from the latent defects should be taken by the purchaser within a period of two years from the discovery of the defect.
11.2. Law applicable to guarantees
The French law applicable to the contract in accordance with article 16 of the TOS cannot have for effect to deprive the consumer residing in another Member State of the provisions on the guarantees granted to him by his national law under directive n° 99/44/CE of 25 May 1999 concerning the sale and the guarantees covering consumer goods.
12 Intellectual property
The elements reproduced on this site, whether visual or sound are the exclusive property of the editor and are protected by copyright, trademark law and patent law.
Any reproduction and any dissemination of these elements, without the editor's prior written permission expose the infringers to legal proceedings.
13 Personal information
The collection of personal information, its use for the processing of orders and the constitution of customer files and their distribution to third parties charged with the execution and payment of the orders is subject to the consent of the person concerned.
The processing of the nominative information, which is kept by the editor for the sole purpose of the proper administration of the orders and trade relations, is the object of a declaration to the Commission nationale Informatique et Libertés.
At all times the consumer has a right of access, modification, rectification and removal of personal information concerning him.
14 Settlement of disputes – Governing Law
Any claim should be sent to the following address: Administration des Ventes, M.CHAPOUTIER, 18, avenue Docteur Paul DURAND – 26600 TAIN L'HERMITAGE.
This contract and the TOS governing it are subject to the laws of France.
The Maison M.Chapoutier
The House of Chapoutier is a winemaker and producer of the finest Rhône Valley appellations. From the Côte-Rôtie, through l'Hermitage, down to the Côtes du Rhône, our aim is to offer you the best portrait of the terroir.
M.Chapoutier School
The House of Chapoutier's School invites you to learn about wine in a different way. Take a look at the wine courses on offer, from wine tasting initiation to gastronomic dinners where the finest grand crus are showcased.
18, av Dr Paul Durand - B.P.38
26601 Tain Cedex - France
Tel. : +33 475 089 261
Fax : +33 475 089 636
The abuse of alcohol is dangerous for your health.
Consume with moderation.
