GENERAL TERMS AND CONDITIONS OF SALES (GTC) OF THE WEBSITE
CONSUMERS and NON-PROFESSIONALS
These General Terms and Conditions of Sales (GTC) govern the relationship between the Seller (M.CHAPOUTIER SA) with a capital of € 5,498,500, registered at the RCS of Romans under the number 435 580 477 which head office is 18 Avenue Dr. Paul Durand to 26,600 TAIN-L'HERMITAGE and the Client (consumer or non-professional) located in one of the delivery areas served by the Seller and wishing to make a purchase on the website www.chapoutier.com.
The website has been published by M. CHAPOUTIER SA. This is an e-commerce space that offers a remote product ordering service. It may be products of the Maison M. CHAPOUTIER itself (S. A M. CHAPOUTIER) or products of companies or related companies or partners sold by the Maison M. CHAPOUTIER. Access to the e-commerce area of the www.chapoutier.com website implies unreserved acceptance of these Terms and Conditions.
The contract resulting from the actual ordering of the Customer is subject to the regulations of Distance Selling, as resulting from the laws and regulations in force in France, and in particular the Consumer Code in force since July 1, 2016, and provisions set out below. By placing an order on the Site, the Customer certifies that he/she is a major physical person or a legal person acting for his/her personal and non-professional needs and thus certifies not to act for purposes falling within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. The Customer accepts the General Conditions of Sale of the Site and the author of the offer. He/she certifies that he/she has the ability to contract and acknowledges having first read and accepts without restriction the conditions of sale applicable to his/her purchase (order and delivery) at the time of placing the order.
These General Conditions of Sale on the internet shall prevail over all other general or special conditions of the Seller or purchase conditions not expressly accepted by the Seller. The Special Conditions of Sale are those stated on the screen (prices, terms and conditions included in the product sheets, order forms, etc ...). The Customer is invited to read carefully the general and special conditions of sale in force prior to any order.
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PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER, THE "GTC")
1.1. Purpose of the Terms
These Terms and Conditions aim 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 Terms and Conditions govern and are exclusively applicable to the online sale to consumers and non-professionals of the Seller's products on the website www.chapoutier.com (hereinafter referred to as "the site"), whose access is open and free to any user, except restrictions mentioned in Article 3 of the GTC.
1.2. Field of application of the GTC
These Terms and Conditions exclusively govern the online sales contracts of the Seller's products to purchasers who are consumers or non-professionals (hereinafter, the customer (s)) and constitute, with the order form, the contractual documents and obligations opposable to the parties. These General Terms and Conditions of Sales do not apply to professionals defined as any natural or legal person, public or private, acting for purposes falling within the scope of its commercial, industrial, artisanal, liberal or agricultural activity, including when acting in the name of or on behalf of another professional.
The General Terms and Conditions are exclusively applicable to products delivered to customers in mainland France and in the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Swiss. The Terms and Conditions, as well as all the information mentioned on the website, are written in French, but with translation in all cases in the English language, and where applicable in the language of the Customer's country.
1.3. Availability and conservation of the GTC
Before the validation of the order and its payment, the Customer checks a box provided for this purpose by which he/she declares to have read and accepted the General Terms and Conditions. Beside the checkbox is a link allowing the customer to download the General Terms and Conditions (and the withdrawal form) in PDF format and print them. The custody and the reproduction of the General Terms and Conditions are insured by the Seller in accordance with article 1369-4 of the Civil Code, and those contractual stipulations will be ensured in accordance with article 1127-1 of the Civil Code as in force since October 1st, 2016.
1.4. Modification of the GTC
The General Terms and Conditions apply to orders made during the entire period of their upload. The applicable General Terms and Conditions opposable to the Customer are those in force at the date of the order. The Seller reserves the right to modify the Terms and Conditions at any time without notice. However, such modifications may not in any case apply to contracts concluded previously to such modifications. The General Terms and Conditions will be communicated again to the Customer by transmission in PDF format via an order confirmation email.
2. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES AND PROTECTION OF MINORS
The Customer undertakes, by entering his/her year of birth on the home screen of the site, to have, in France, 18 years old at the date of the order. If the Customer is domiciled in another country, he/she undertakes to respect the laws and regulations of that country as to his/her legal minority and to be of the minimum age required to purchase alcoholic beverages.
Alcohol abuse can cause serious and permanent damage to the Customer’s health.
3. PRODUCTS
3.1. Product Pages
Each product offered on the Site is the subject of a sheet accessible by clicking on the designation or photograph of the product concerned. This sheet presents the essential characteristics of the product selected in accordance with Article L.111-1 of the French Consumer Code. These indications are intended, without being exhaustive, to inform the Customer as completely as possible about these essential characteristics. These indications may be subject to minimal variations and therefore cannot replace the information on the packaging of the product delivered and to which the customer is invited to refer to.
3.2 Photographs and Illustrations
The Customer is informed, subject to his rights, that there can be a difference in presentation on delivery resulting from a modification of labelling, wrapping, packaging (photographs and illustrations) by the producer or supplier. This difference will not affect the contents and characteristics of the product in any way.
3.3. Promotional benefits
The Customer is informed that the Service does not allow promotional benefits such as coupons of any kind to be valid on the purchase of a product or for a minimum purchase amount, except for those expressly formulated for the Site and materialized for example by the attribution of a code.
4. PRICE
4.1. Selling price
The selling price of the product is the one into force on the day of the order and taking into account the VAT applicable on the day of the order. The selling prices are indicated, for each product listed in the electronic catalogue, in euros including VAT, but, in accordance with Article L.112-3 of the Consumer Code, excluding preparation, transport and delivery costs, postage or any other charges, shown separately. The delivery and transport costs, invoiced in addition, will be indicated to the customers before the validation of the order, in a summary indicating the amount due before it places an order.
In case of promotion offered on the site, the Seller agrees to apply the promotional price to any order placed during the duration of the promotion. The total amount owed by the Customer is indicated on the order confirmation page. The amount of the order that the Customer has validated when proceeding to payment is the final price - all taxes included and including the amount of delivery charges - and maximum that may be debited. This price may nevertheless vary in the event of unavailability of one or more ordered products or in case of substitution of one or more products ordered if the Customer has accepted.
4.2. changes
The Seller reserves the right to modify its prices at any time, without notice, while guaranteeing the Customer the application of the current price indicated on the Site on the day of the order.
5. DURATION OF THE OFFER
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalogue. Orders responding to these offers can only be satisfied within the limits of available stocks for limited quantities depending on products, formats and vintages, the Seller will be required to inform the Customer without delay in the event of out of stock preventing him from either to execute the order within 15 days of the conclusion of the contract, or to permanently prevent it.
In this case, and unless it is agreed between the parties of another delivery period or that of another product of a quality and an equivalent price which availability is ensured, the Customer, without prejudice to his/her ability to resolve and terminate the contract under the conditions of Article 216-2 of the Consumer Code, will be refunded, at the latest within fourteen days of their payment, the total amount already paid.
6. ORDER
6.1. STAGES OF CONCLUSION OF THE CONTRACT
To place an order, you first accumulate an online shopping basket by choosing the selected products and the desired quantities, and afterwards clicking on the “Place Order” button and then entering information about delivery and the means of payment.
You acknowledge a payment obligation by clicking on the “Payment Approving Order” button, in compliance with the terms of Art. L. 221-14 of French consumer protection legislation (the Code de Commerce).
Before clicking on this button, you can verify the details of your Order and its total price, download the GSCs and the cancellation form, and return to previously-visited pages to correct possible errors or modify the order if desired.
After confirming the content of your order, you finally approve it by making payment. The order will only be firm after paying the corresponding price.
To comply with the terms of Art. 1127-2 of French civil law (the Code Civil), an email acknowledging the Order and its payment will be sent by the Seller without unjustifiable delay.
After conclusion of the contract, and by not later than the moment of delivery, in compliance with Art. L. 221-13 of French consumer protection legislation, the Customer will receive – in durable form – an order confirmation email itemizing the products ordered, the price including VAT, and the delivery charges, with a copy of the GSCs and the cancellation form.
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MODIFICATION OF THE ORDER
Any modification to the Order by the Customer after confirming the Order is subject to acceptance by the Seller.
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ARCHIVING AND PROOF
Messages, Order forms and invoices will be archived on a reliable and durable medium, to constitute a faithful and durable copy in compliance with Article 1348 of French civil law (the Code Civil), the which copy will be compliant with Article 1379 of French civil law.
These messages, Order forms and invoices can be produced as proof of the contract and its conditions.
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UNAVAILIBILITY OF ORDERED GOODS
As stated in Art. 6, if products ordered are not available for delivery, the Seller will immediately inform the Consumer, and may propose another product of equivalent quality and price.
If the Consumer does not agree, he/she/it is reimbursed amounts paid within fourteen days after making payment.
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PAYMENT
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MOMENT OF PAYMENT
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Products ordered are payable in full at the time of ordering, in euros.
An invoice established in euros including VAT will be issued by the Seller and sent to the Customer at the specified billing address.
In the event of non-payment or rejection of payment authorization by an accredited organization, the Order will be rejected.
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TERMS OF PAYMENT
Payment is made immediately during ordering, by payment card, or by bank check sent to the Seller's registered offices address, such as stated in Article 1.1, or by money order or transfer.
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SECURING OF PAYMENT
Payment cards are processed via the MERCANET secure platform operated by BNP PARIBAS, which is integrated into the chapoutier.com Site. MERCANET secures transactions using 3D SECURE (VISA SECURE).
8. RETRACTATION
8.1. Right to retract
In accordance with the provisions of Articles L. 221-18 and following of the 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 to the email address (vpc@chapoutier.com) or physical Seller, as mentioned in Article 1.1, its decision to withdraw from this contract by means of a declaration written without ambiguity. The Customer may use the standard withdrawal form provided by the Seller.
The Customer has no right of withdrawal for the bottle (s) he / she has unsealed after delivery for reasons of hygiene and health protection, in accordance with Article L. 221-28 of the Consumer Code. The Customer is not deprived of the legal guarantee of conformity (see article 11).
8.2. Effects of the retraction
The effects of the retraction are governed by Articles L. 221-23 and L. 221-24 of the Consumer Code. In the event of withdrawal of the Customer from the concluded contract, the Seller will refund all payments received from the Customer, including the delivery charges (with the exception of additional costs resulting from the fact that the Customer has chosen, if necessary, a delivery other than the less expensive mode of standard delivery proposed by the Seller) without undue delay and, in any event, no later than fourteen days from the day the Seller is informed of the Customer's withdrawal decision, unless that the Seller does not propose to recover these goods himself.
Seller will refund using the same means of payment used by the Customer for the original transaction unless expressly agreed otherwise; in any case, this reimbursement will not incur any costs for him. The Seller may defer the refund until he has received the goods or until the Customer has provided proof of shipment of the goods, the date chosen being the date of the first of these facts.
The Customer must return the product (s) to the Seller, bearing the direct costs of return, or return them to him and return to his address, without undue delay and, in any event, no later than fourteen days after he has communicated to him the decision to withdraw from the contract of sale. This period is deemed to be respected if the Customer returns the product before the expiry of the fourteen-day period. The Customer's liability may be incurred in case of depreciation of property resulting from manipulations other than those 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 be delivered in Mainland France, Corsica, and in the following countries: Germany, Andorra, England, Austria, Belgium, Scotland, Spain, Italy, Liechtenstein, Luxembourg, Monaco, Wales, Netherlands, Portugal, Switzerland.
9.2. Delivery time
The Seller agrees to deliver the products within 15 days (unless the parties have agreed otherwise) after receipt of order, and payment of the corresponding price. For orders paid by check, the receipt of payment means the cashing of the check.
9.3. Delay or failure to deliver
In case of failure of the Seller to its obligation to deliver the products or the expiry of the period provided for in Article 10.2, and unless the parties have agreed otherwise, the Customer may terminate the contract under the conditions provided for in Articles L 216-2 and following of the Consumer Code, without prejudice to any claim for compensation for any loss suffered.
9.4. Terms of delivery
If the Customer notes on delivery that an item is missing or that the products have suffered damage, he/she must indicate this in writing on the delivery note. The Customer must also notify the carrier of the reservations made on the delivery note, within a period of 3 days, excluding holidays, which follow the receipt of the products, in order to allow the Seller to assert his rights with the carrier selected 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 package. Failure to comply with these formalities does not deprive the Customer of his right to rely on the non-compliance of the products, the Seller bearing the burden of transport risks. On the other hand, failure to comply with these formalities obliges the Customer to indemnify the Seller for any loss that may be suffered as a result of the latter's loss of recourse against the carrier.
10. LEGAL GUARANTEE OF COMPLIANCE
All products supplied by the Professional Seller benefit from the legal guarantee of conformity provided for in All commodities supplied by the professional Seller are covered by the legal compliance guarantee provided by Articles L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of French consumer protection legislation (the Code de la Consommation), and the legal guarantee against concealed defects provided by Articles 1641 and subsequent of French civil law (the Code Civil).
With regard to the legal compliance guarantee, the Consumer:
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is dispensed of any obligation to provide proof of the existence of the non-compliance of the goods within twenty-four months following delivery of the said good. Non-compliances identified within that time will be presumed to have existed at the time of delivery, unless there is proof to the contrary, as per Art. L. 217-7 of French consumer protection legislation (Code de la Consommation).
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has a period of two years to take action as from delivery of the goods;
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can choose repair or replacement of the goods, with proviso for certain cost conditions stated by Articles L. 217-9 and subsequent of French consumer protection legislation.
The legal compliance guarantee is applicable independently of any commercial guarantee granted.
The Customer is within his/her/its rights to lay claim to the guarantee against concealed defects in goods under the terms of Article 1641 of French civil law (the Code Civil). In this case, the Customer can choose between cancellation of the sale or a reduction in sales price, as per the terms of Article 1644 of French civil law (the Code Civil).
11. INTELLECTUAL PROPERTY
Content existing on the Site, whether visual or audio, are the exclusive property of the publisher or selling companies, and are protected by author's rights, brand rights and patent rights.
Any reproduction or dissemination of the said content without prior written permission from the publisher and the company holding the rights will lay the infringing parties open to legal action.
12. PROTECTION OF PERSONAL DATA (GDPR)
Some personal data is collected from the Customer in order to respond to his/her requests. If the Customer chooses not to communicate them, the request cannot be processed. This data is the subject of a computer processing necessary for the processing of the order and the management of relations with the Customer. The information relating to all orders is stored and archived for the duration of the contractual relations under enhanced security conditions and can serve as evidence in case of dispute. The collected data 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 mail, email, after the prior consent of the Customer. However, the Seller may use such personal data in marketing operations relating to similar products.
Personal data may also be communicated to the partner or apparent partners of the Seller but the Customer may expressly oppose this communication for marketing purposes, as soon as they are collected or later by writing to the Seller by email or at the address of the Seller’s head office. The Customer may exercise his right of access, rectification or deletion of personal data and object to this data being used for prospecting purposes including commercial purposes under the conditions provided by the amended law 78-17 of January 6, 1978 and EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. He/she makes the request by email to the address dpo@chapoutier.com or by mail to the address of the Seller's registered head office.
13. SETTLEMENT OF DISPUTES
Before any problem or complaint evolves into a dispute, the Customer is invited to contact us, either by email via the “Contact” page, or by email or postal mail to the Sales Administration Department,
M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; vpc@chapoutier.com
Any differences that persist despite this prior reconciliation attempt, concerning the validity, the interpretation, the fulfillment or non-fulfillment, or the freezing or termination of the contract, can be put to the consumer affairs mediation process.
Under the terms of Art. L. 612-1 of French consumer protection legislation, every consumer has the right to free-of-charge recourse (except any costs of having oneself represented by a lawyer) to a consumer affairs arbitrator in view of arriving at an out-of-court settlement of the dispute with a professional service provider, within one year following the filing of a written complaint with the Seller's organization.
Consumers can usefully consult the following sites about this subject:
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concerning the consumer affairs mediation process in France: www.mediation-conso.fr
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concerning disputes with parties in other countries: European Consumer Centre France: www.europe-consommateurs.eu
In compliance with Article L. 616-2 of French consumer protection legislation (the Code de la Consommation), the Customer is hereby informed that there is an online resource maintained by the European Commission for registering complaints about online purchases by European consumers, for their subsequent hearing by national arbitrators with due jurisdiction; this European platform for extrajudicial settlement of online commerce disputes is available at: https://ec.europa.eu/consumers/odr/.
In the case of French Customers, in the interim until the appointment of a consumer affairs arbitrator for its particular field of business, the Seller proposes referral to the Centre for Mediation and Arbitration of Paris (CMAP, Consumer Affairs Mediation Service, 39 Avenue Franklin D. Roosevelt, 75008 PARIS; website: www.cmap.fr).
Barring special exceptions, a dispute may only be heard by one single arbitrator. The settlement proposed by the arbitrator is not obligatorily binding on the Parties to the contract.
In the event of a dispute concerning the contract, a Consumer always has the possibility of filing a conventional arbitration case or of recourse to any alternative dispute settlement process.
14. APPLICABLE LAW
E-commerce is subject to the legislation of the member State in which the person involved in the transaction is resident, when such is the common intention of the parties, notably the person being the recipient of the goods.
Any physical person or moral entity conducting e-commerce is duly liable to the buyer for the proper fulfilment of its obligations resulting from the contract, whether these obligations are to be fulfilled by itself or by other service providers, without prejudice to its right of recourse against these parties.
The sales contract and these GSCs are subject to French law. However, Customers resident in another member State than France are not deprived of the protection granted by the obligatory provisions of legislation in their country of residence.
In the event that an out-of-court settlement cannot be achieved, disputes concerning orders placed on the Site will be under the sole jurisdiction of French courts, even in cases of multiple defendants and invocation of guarantee coverage.
15. APPENDIX: CANCELATION FORM TEMPLATE
(Please complete and return the form together with your order number ONLY if you want to cancel your contract. We recommend you to also specify your order number.)
For the attention of:
M. CHAPOUTIER SA, Online Sales Customer Service, 18 Avenue Docteur Paul Durand, 26600 TAIN L’HERMITAGE; Tel. +33 475 089 264; vpc@chapoutier.com
I hereby inform you of my cancellation of the contract covering the sale of the goods below:
[……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………………………]
Ordered on [………………………………],
Received on […………………………………]
Order number: [………………………………………………………]
Customer(s) name(s): [………………………………………………………………]
Customer(s) address(es):
[……………………………………………………………………………………………………………………………………]
Date : [……………………………………]
Customer(s) Signature(s):
(Only in case of notification via a paper-based printout of this form.)
PREMIUM WINES “EN PRIMEUR” GENERAL TERMS AND CONDITIONS OF SALES
GENERAL TERMS AND CONDITIONS OF SALE TO CONSUMERS and NON-PROFESSIONALS of "PREMIUM WINES “EN PRIMEUR” SELECTION 2020"
In the absence of specific stipulations agreed upon between the parties, these general terms and conditions of sale (GTC) automatically apply to any sale in "primeurs" of the SA M.CHAPOUTIER "Parcel Selections" wines, which are the subject of special campaigns, at certain annual periods, and meet specific conditions to which the other terms and conditions of the SA M. CHAPOUTIER do not apply.
These Terms and Conditions govern the relationship between the "Customer" (consumer or "non-professional", excluding professionals) and the "Seller" SA M.CHAPOUTIER, with a capital of 5,498,500 euros, registered with the RCS of ROMANS under No. 435 580 477, with its registered office at 18, av. from Dr. Paul Durand at 26600, Tain l'Hermitage (Tel: + 33 (0) 4-75-08-92-61; Fax +33 (0) 4-75-08-96-36; email: chapoutier @ chapoutier.com).
- 1. OBJECT AND SCOPE OF THE GTCS
These GTCS apply to any natural person, acting for purposes outside the scope of his/her commercial, industrial, artisanal, liberal or agricultural, or any legal person not acting for professional purposes.
They do not apply to the professional defined as any natural or legal person, public or private, who acts for purposes falling within the scope of his/her commercial, industrial, artisanal, liberal or agricultural activity, including when acting on behalf or on behalf of another professional.
Any order placed by the Customer in this context must be performed for his/her strictly personal and non-professional needs. The Customer, intending to buy wines en primeurs, declares that the wines are not intended for resale including for export.
These GTC apply to the Customer established in France or in one of the delivery areas served abroad by the Seller, on which the Customer will first inform the Seller before sending the order and the corresponding check, at risk to failure to see them return, the order cannot be accepted in case of impossibility of delivery.
They define the contractual relations between the Seller and the Customer, and the general terms and conditions applicable to all purchases of wines (order preparation, delivery, etc.) sold remotely (e-mail, fax, post or telephone) , and off-establishment. The contract resulting from the Customer's order falls under the regulation of Distance Selling and off-Establishment in force in France, including the Consumer Code, as well as the rules set out below.
- 2. SPECIAL CHARACTERISTICS OF THE OFFER OF SALE IN “PRIMEURS”, AND DURATION OF THE OFFER
The Seller makes known each year the vintage from its last harvest on selected plots, which will give after 3 years of breeding its best wines, ie its "Parcel Selections", bottled and available for consumption. A campaign of their sale in “primeurs” is organized, in limited quantities and prices, the purchase orders being received until June 15, but the finished and bottled product can only be available in the 2nd year following that of the campaign, and from the month of February of said year.
Since the Seller can only reserve – for this sale of future products at a lower price – limited quantities (requests and volumes being subject to variations and uncertainties), the orders can only relate to, and be accepted for maximum quantities per buyer, which are specified in the purchase order forms that will be returned.
As this is a sale of future products with a necessary duration of elaboration, the time of delivery is by nature remote, but defined in article 7.2, and accepted as such by the Customer, as having to intervene no later than spring 2023.
To this extent too, art. L.112-3 of the Consumer Code finds application, the final total price, including taxes and additional fees that will then be applicable and payable, cannot be reasonably calculated in advance at the time of order.
- 3. ACCEPTANCE OF TERMS OF SALE
For remote or off-establishment orders, the Customer receives in advance, in a readable and understandable way, by paper support or by e-mail, the pre-contractual information, the GTC and the withdrawal form.
In the case of off-establishment sales, this information is given by a durable medium other than paper only subject to the Customer's agreement.
Before placing an order, the Customer is invited to read carefully the present general conditions of sale.
By placing an order, either by signing the order form, dematerialized or not, that it refers back to the Seller's distance selling service, the Customer:
• attests to being a natural person acting for his/her personal needs, or a legal person not acting for professional purposes or outside the scope of his/her professional activity;
• certifies having the ability to contract;
• acknowledges having first read the terms and conditions of sale applicable to the purchase (order and delivery) at the time of placing the order;
• declares to accept without restrictions the terms of sale, that is to say the present GTC will prevail over all other general or special conditions not expressly accepted by the Seller, subject to specific conditions agreed or agreed on any support separate from the GTC.
These conditions constitute, with the purchase order accepted by the Seller, the contractual documents opposable to the parties.
The sending of the order form represents the Customer’s firm and final commitment, subject to his right of withdrawal as specified in Article 8 below.
- 4. DISPONIBILITY, CONSERVATION, MODIFICATION OF TERMS
The GTC are delivered or sent to the Customer in paper or electronic format (in PDF format), allowing him/her to read, print and store the document. The GTC will be communicated to the Customer again by transmission, in the same media and formats, in the order confirmation.
- 5. LEGAL INFORMATION ON THE SALE OF ALCOHOLIC BEVERAGES
The Customer agrees, indicating his/her date of birth when ordering, to have, in France, 18 years old at that date. If the Customer lives in another country, he/she undertakes to respect the laws and regulations of that country as to his/her legal minority and to be of the minimum age required to purchase alcoholic beverages.
The Seller reminds the Customer that the abuse of alcohol is dangerous for one’s health.
- 6. PRICE
The order is placed at the price, expressed in euros, at the rate in effect for the annual campaign, previously announced. This price does not include taxes of any kind, including the VTA that will be payable, at the rate then in force, as the provision of bottles of wine, after its perfect breeding and bottling, or at the rate of 2023 .
It will therefore be increased by the VTA applicable at that date and any other specific rights for alcoholic beverages, as well as delivery and transport costs, indicated separately. All taxes, fees, duties or other benefits, to be paid under the French regulations or those of an importing country or a country of transit, are the responsibility of the Customer but will be determinable, indicated and payable only when bottled wines can be made available.
Terms and deadlines for payment:
- Advance payment:
For contracts concluded remotely, and except for other special arrangements agreed upon between the parties, by sending the order, and for the validity of the said order and its taking into account, the Customer proceeds to the payment of a deposit of an amount equal to the price excluding tax (and excluding shipping and transport costs).
For contracts concluded off-establishment within the meaning of art. L.221-1 of the Consumer Code, the Seller cannot receive any payment or any consideration from the Customer before the expiry of a period of 7 days from the conclusion of the off-premises contract.
Upon receipt of the order and payment of the deposit, the seller will send a pro forma invoice corresponding to the amount paid excluding tax and fees.
- Balance:
The balance of the price including VTA, and / or any other duties and taxes introduced, and delivery and transport costs, must be paid when the products ordered are available.
From the day that the wines will be available in bottles, from February 2023, the Seller will issue a final invoice showing the VTA, calculated on the day of this final billing, and the delivery and transport costs. This final invoice will be sent with the notice of availability of bottles, and they will be made available and delivered only by prior payment of its entirety. In the event of partial payment (unless otherwise agreed), non-payment or refusal of authorization of payment or rejection by accredited organizations, the order will be refused or the delivery not made, the ownership of the goods remaining in all cases to the seller until full and effective payment of the price.
If, however, special conditions have been granted exempting the Customer from full payment of the price at the time of the order, failure to comply with the payment obligation at the agreed due date (s) may result in the full resolution of the contract by the Seller, this fifteen days after formal notice to the Customer to pay, remained ineffective.
- 7. DELIVERY
7.1 - Place of delivery
The products are delivered to the address indicated by the Customer on the order form, or made available for removal by him/her, according to his choice. For logistical reasons, the Customer may only be delivered in France, Corsica, or in one of the delivery areas served abroad by the Seller and allowing him to accept the order.
7.2 - Delivery time
In the case of wines sold in “primeurs”, bottled products will only be available from February 2023, from which date supplies or deliveries may begin. The Seller agrees to make available or deliver the products before the end of spring 2023, ie no later than June 21, 2023, after full payment of the price. For orders paid by check, the receipt of payment means the actual cashing in of the check.
In the event of default of payment of the balance of the price upon its due date, but of special agreements allowing the anticipated delivery of the goods, the Seller, that retains ownership until full payment and actual collection of the price, may claim the products between the hands of the Customer and resolve the sale.
Informed of the availability of the goods, the Customer has the obligation to proceed with the withdrawal or to take delivery within the time indicated, that is at the latest before June 21, 2023. For lack of withdrawal of the goods by the Customer, and after unsuccessful notice to have to do so within 15 days sent by the Seller, with respect to this clause, the Seller may, at its choice:
- either continue the forced execution of the contract, by charging the costs of immobilization and storage incurred in the meantime, without prejudice to any damages that may be requested in addition;
- to proceed to the resolution of the contract, without intervention of the judge, then taking over the free disposal of the goods, the paid selling price being nonetheless acquired by him as a penalty clause as a compensation for the damage suffered by the buyer's failure to withdraw the goods.
7.3 - Delay or failure to deliver
In case of failure of the Seller to its obligation to deliver the products no later than the expiry of the deadline, the Customer may resolve the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having ordered, according to the same terms, the Seller to make the delivery within a reasonable additional period, the latter did not execute within this period.
The contract shall be deemed to be resolved upon receipt by the Seller of the letter or writing informing him of this resolution, unless the Seller executed itself in the meantime.
The Customer may immediately terminate the contract when the Seller refuses to deliver the goods or fails to fulfill its obligation to deliver the goods on the date or at the end of the period.
The Customer can thus resolve the contract under the conditions of art. L.216-2 and L.216-3 of the Consumer Code, the seller reimbursing him/her for the totality of the sums paid at the latest within 14 days after termination of the contract.
However, in the event of stock shortage or any other event preventing the Seller from executing the order within the delivery period, or from preventing it definitively, the Seller, who shall be obliged to inform the Customer without delay, can offer him/her a product of equivalent quality and price. If the Customer has, under these conditions and because of their unavailability, accepted the substitution of one or more products ordered by others, the price may vary also in agreement with him/her.
However, if the parties do not agree on another delivery period or another product of a quality and an equivalent price which availability is ensured, the Customer, without prejudice to his/her ability to resolve and denounce the contract under the conditions of Article 216-2 of the Consumer Code, will be refunded immediately of all amounts already paid, plus legal interest that has accrued from the payment, without prejudice to damages to which the Customer would consider being able to claim.
7.4 - Terms of delivery
If the Customer notes on delivery that an item is missing or that the products have suffered damage, he/she must indicate this in writing on the delivery note.
To respect the provisions of art. L.133-3 of the Commercial Code and in order to allow the Seller to assert his/her rights with the carrier selected in accordance with art. L. 133-1 et seq. of this Code, the Customer must also notify the carrier of the reservations made on the delivery note, within a period of 3 days, excluding holidays, which follow that of the receipt of the products. The address to which the reservations must be notified will be indicated to the Customer on the package.
Failure to comply with these formalities does not deprive the Customer of his/her right to rely on the non-compliance of the products, the Seller bearing the burden of transport risks. On the other hand, failure to comply with these formalities obliges the Customer to indemnify the Seller for any loss that may have occurred as a result of his/her absence of recourse against the carrier.
- 8. RETRACTATION
8.1 - Right of withdrawal
According to art. L. 221-18 et seq. of the Consumer Code, the Customer may withdraw from the contract concluded with the Seller, without giving reasons, within 14 days of receipt of the goods.
For contracts concluded off-establishment (Article L.221-1 of the same Code), it may do so within 14 days of the conclusion of the contract.
In the case of an order for several products delivered separately, the period runs from the receipt of the last.
To exercise the right of withdrawal, the Customer must notify, at the Seller's postal or e-mail address (vpc@chapoutier.com), or fax (+33 (0) 4 75 089 636), his / her decision to withdraw from the contract by means of an unambiguous written declaration.
The Customer may use the standard form of withdrawal form provided by the Seller but this is not mandatory.
For compliance with the withdrawal period, it is sufficient that the Customer transmits the communication relating to the exercise of this right before the expiry of the deadline, ie no later than 14 days after the day on which the customer or a third party, other than the carrier and designated by the Customer, physically takes possession of the goods.
However, the Customer has no right of withdrawal for the bottle (s) that have been unsealed after delivery for reasons of hygiene and health protection, in accordance with art. L.221-28, 5 ° of the Consumer Code, without deprivation of the legal guarantee of conformity.
8.2 - Effects of the retraction (L.221-23 / L.221-24 C. of Consumption)
The Customer must return the product (s) to the Seller or its representative, bearing the direct costs of return, or return it to the Seller’s address, without undue delay and, in any event, no later than 14 days after he/she has communicated to the Seller his/her decision to withdraw from the contract of sale, unless the Seller proposes to recover the goods.
The Customer's liability may be incurred in case of depreciation of property resulting from manipulations other than those necessary to establish the nature and characteristics of these goods.
In the event of withdrawal by the Customer, the Seller will refund all payments received from the Customer, including delivery charges (with the exception of additional charges arising from the fact that the Customer has chosen, if applicable, a delivery method other than the less expensive mode of standard delivery proposed by the seller) without undue delay and at the latest 14 days from the day it is informed of the Customer's withdrawal decision.
Unless the Seller proposes to recover the goods, it may defer the refund until the goods have been returned or until the Customer has provided the Seller with proof of reshipment, the date chosen being that of the first of these facts.
The Seller will refund using the same means of payment used by the Customer for the original transaction unless expressly agreed otherwise; in any case, this reimbursement will not incur any costs for the Client.
9. INTELLECTUAL PROPERTY
The Seller is the sole owner of all intellectual property rights, including trademarks, logos, illustrations, images and figurative elements appearing on the products and labels. Their sale does not confer any intellectual property rights onto the Customer, nor does it entitle the Customer to use or register them for his/her own account. The Customer is therefore prohibited from reproducing any such trademarks, illustrations, images, logos or any other figurative element, in whole or in part and in any form whatsoever.
The Seller's products, the Seller's trademarks and all figurative trademarks or not, and more generally all other brands, illustrations, images, designs, logos and figurative elements appearing on the products and labels, their accessories and their packaging is and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these marks for any reason whatsoever and under any medium whatsoever, without the express, prior and written agreement of the Seller is strictly prohibited. It is the same for any combination or conjunction with any other trademark, symbol, logo and more generally any distinctive sign intended to form a composite logo.
10. LEGAL GUARANTEE OF CONFORMITY
All products supplied by the Seller benefit from the legal guarantee of conformity provided for in art. L. 217-4 to L. 217-14, L. 411-1 and L. 411-2 of the Consumer Code for the benefit of the consumer, and the legal guarantee of hidden defects provided for in art. 1641 and s. of the Civil Code.
When acting in the frame of the legal guarantee of conformity, the Customer:
- is exempted from reporting the proof of the existence of the goods ‘lack of conformity during the twenty-four months following the delivery of the good. The defects of conformity which appear within this period are presumed to exist at the time of the delivery, except proofs of the contrary, in accordance with art. L. 217-7 of the Consumer Code;
- has a period of two years to act from the delivery of the goods;
- can choose between the repair or replacement of the goods, subject to certain cost conditions provided for in Articles L. 217-9 et seq. of the Consumer Code.
The legal guarantee of conformity applies independently of any commercial guarantee.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, the customer can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
11. PROTECTION OF PERSONAL DATA (GDPR)
Certain personal data are collected from the Customer in order to respond to his/her requests. If the Customer chooses not to communicate them, the request cannot be processed. This data is the subject of a 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 can serve as evidence in case of dispute.
The collected data 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 mail, email, after the prior consent of the Customer. However, the Seller may use such personal data in marketing transactions relating to similar products.
Personal data may also be communicated to the partner or apparent partners of the Seller but the Customer may expressly oppose this communication for marketing purposes, as soon as they are collected or later by writing to the Seller by email or at the address of the Seller’s head office.
The Customer may exercise his/her right of access, rectification or deletion of this personal data and oppose that these data be used for prospecting purposes including commercial purposes under the conditions provided by the amended law 78-17 January 6, 1978 and EU Regulation No. 2016/679 on the protection of personal data of April 27, 2016. The Customer makes the request by email to the email address dpo@chapoutier.com or by mail to the address of the registered office of the Seller.
12. SETTLEMENT OF DISPUTES
For any difficulty or complaint, the Customer is invited to contact the Sales Administration department by mail or e-mail :
SA M. CHAPOUTIER, VAD Customer Service, 18, avenue Docteur Paul Durand at 26600 TAIN L'HERMITAGE - Tel. +33 (0) 4 75 08 92 64; vpc@chapoutier.com.
Any disputes that may still arise concerning the validity, interpretation, performance or non-performance, interruption or termination of the contract may be submitted to the Consumer Mediation.
Every consumer has the right to free use of a consumer ombudsman. (L.612-1 of the Consumer Code) with a view to the amicable resolution of the dispute between him and a professional, within one year after his written complaint to the services of the Seller.
For this purpose, the Customer may usefully consult the following websites: - on consumer mediation for France: www.mediation-conso.fr - on cross-border disputes: European Consumer Center France: www.europe -consumers .eu
The Seller proposes the use of the Mediation and Arbitration Center of PARIS (CMAP - Consumer Mediation Service 39, avenue F.D. Roosevelt, 75008 PARIS, site www.cmap.fr).
The solution proposed by the mediator is not binding on the parties to the contract, and the Client has in any case the possibility of resorting to any other alternative method of dispute resolution.
13. LAW APPLICABLE TO THE CONTRACT
The sales contract and the present GTC are subject to French law. However, in the case of customers residing in another Member State of the EU than in France, they may not be deprived of the protection provided by the mandatory rules of the legislation of their country of residence.
M. CHAPOUTIER, Société Anonyme au capital de 5.498.500 €
RCS de Romans sur Isère n° 435 580 477
TVA intracommunautaire n°FR26435580477
18 avenue du Docteur Paul Durand – 26600 TAIN L’HERMITAGE
Tél : 33(0)4 75 08 28 65/ Fax : 33 (0)4 75 08 81 70/Fax Export (0)4 75 08 74 53
