General Terms and Conditions

 GENERAL TERMS AND CONDITIONS

The La Cave du Château Website, accessible via the URL www.lacaveduchateau.com, is published by La Cave du Château, a simplified joint-stock company, with corporate capital of 1,000,000 €, registered in the Paris Commercial and Companies Register on 01/12/2014, under the number 808 128 102, head office address: 31 avenue Franklin D. Roosevelt, Paris, phone: 01.82.82.33.33 email: ADV@lacaveduchateau.com

Deputy General Manager: Mr. Philippe Vidal.

the Website is hosted by the CLARANET company, a simplified joint-stock company with a single shareholder (SASU), corporate capital: 1,400,000.00 euros, registered in the Paris Commercial and Companies Register on 27 July 1998, under the number 419 632 286, head office address: 18-20 rue du Faubourg du Temple Paris (75011), phone: +33 (0)826 007 656, email: http://www.claranet.fr/contact/demande-dinformations.html


  1. DEFINITIONS


For the purposes of these General terms and conditions, where the singular implies the plural and vice versa, the following definitions are applicable to terms written with capital letters:

1.1     "Customer": any User previously registered on the Website for the purpose of ordering a Product on line from the Website.

A Customer may be:

-     a physical person at least 18 years old who has full legal capacity to make a purchase;

-     a legal entity.

1.2     "Order": a request for Products issued by the Customer to La Cave du Château via the Website and confirmed by La Cave du Château, subject to receiving payment in full;

1.3     "General terms and conditions": the terms and conditions applicable to using the Website and purchasing Products from it, accepted by Users and Customers;

1.4     "My Account": a personal space created by a Customer for the purpose of placing Orders for Products on the Website;

1.5     "Delivery time": the period between the date the Order is approved and the Delivery of the Products to the Customer;

1.6  "Delivery charges": the cost of shipping the Products to the delivery address indicated by the Customer when the Order is placed

1.7     "Delivery": shipment of the order to the Client by a subcontractor of La Cave du Château

1.8     "Price": the unit value of a Product, including all taxes or exclusive of taxes, according to the destination country of the order, but not including Delivery charges.

1.9     "Product": goods or services offered for sale by La Cave du Château on their Website: www.lacaveduchateau.com

1.10    "Website": an e-commerce Website, accessible at the address: www.lacaveduchateau.com, published by La Cave du Château for the purposes of offering Products for sale via the Internet: wines, spirits, accessories, and services.

1.11    "Société La Cave du Château": La Société La Cave du Château SAS, Website publisher, distributor of the Products offered for sale on the Website;

1.12    "User": any person who uses the Website.

1.13 "Personal data": data that makes it possible to identify individuals, directly or indirectly.

 

  1. PURPOSE


The purpose of these General terms and conditions is to define the conditions applicable to the use of the Website by Users and the terms of sale between La Cave du Château and the Customer applicable to all the Products available on the Website.

By using the Website, the User accepts the following General Terms and Conditions issued by La Cave du Château.

These General terms and conditions are applicable to the exclusion of any others to all orders on the Website agreed between La Cave du Château and the Customer for the purpose of Delivery anywhere in the world (see: Article 9: SHIPPING AND DELIVERY). They take precedence over any text or indication on the Website or any other publication by or concerning La Cave du Château.

For any delivery outside mainland France, Customers are requested to contact Customer Service at La Cave du Château (see: "CUSTOMER SERVICE", Article 5 in these General terms and conditions).

the User acknowledges that s/he has read and accepted these General terms and conditions, without any reservation, modification, or restriction, particularly prior to confirming an Order.

 

  1. REGISTRATION ON THE WEBSITE


3.1 Registration on the Website is free and required for advanced functions, such as purchasing a Product, receiving the La Cave du Château newsletter, or accessing the details of any Order.

To access these services, Customers may create a "My Account" space by registering on the Website via the "My Account" tab, either before making any purchases, or at the time of confirming an Order.

3.2 Any Customer who registers on the Website and creates a "My Account" space chooses a strictly personal, confidential, inaccessible login and password. Any information given by the Customer on registration and on each use of the Website is retained by La Cave du Château under the conditions, particularly concerning the time limit, established by current laws and regulations in France.

3.3 The Customer agrees not to allow any third party to access and/or use his/her Account. Customers are solely liable in case of use of their Account and/or password by a third party, even without their knowledge, and any consequences thereof. The Customer agrees to inform La Cave du Château of any use of his/her Account and/or password by a third party as soon as s/he is aware of it.

Customers will refrain from creating or using other "My Account" spaces on the Website than the one initially created in his/her name, using either his/her own identity or that of a third party, without the express, prior authorisation of La Cave du Château.

3.4 The Customer agrees to comply with the following conditions: The Customer must complete the Website registration form and agrees to provide La Cave du Château with full, accurate information. In particular, the Customer must indicate his/her telephone number and email address, as well as the full postal address for Delivery.

To assist La Cave du Château in providing high-quality service, the Customer agrees to update the information provided in "My Account", particularly his/her postal and email address, in a timely manner. The Customer is held solely liable for any direct or indirect loss s/he may suffer if this information has not been updated, and accepts full liability for any consequences.

3.5 In case of non-compliance with the General terms and conditions, La Cave du Château reserves the right to delete the Customer's Account automatically, without compensation, having sent a final notice by email and receiving no reply after over thirty (30) days. In case of a breach or serious offence by the Customer, his/her "My Account" space will be deleted automatically, without notice or compensation.

 

  1. PRODUCTS


4.1 The Products offered for sale on the Website are presented and described accurately on their respective product sheets, so that the Customer is informed of their key characteristics as precisely as possible before placing an Order.

The Customer acknowledges that s/he has read the product sheets, which are the only contractual source of detail, in particular the name, price, format, colour, vintage, quantity, and special features of Products or restrictions on certain categories of Products, and expressly states that s/he accepts them unconditionally.

4.2 In particular, Customers are informed that the packaging of certain Products may vary. It is therefore, recommended that the Customer read the detailed fact sheet for each Product concerned and/or contact La Cave du Château.

4.3 Photographs and illustrations accompanying the Products on the Website have no contractual value and La Cave du Château accepts no liability for them.

4.4 The Products offered and Prices shown on the Website are valid as long as they are displayed and available for sale.

Customers are, however, reminded that the fact a Product has been added to their basket does not constitute confirmation of the Order.

 

  1. Customer Service


For any questions concerning the Products, the Website, or these General terms and conditions, please contact La Cave du Château:

-    by phone on 01.82.82.33.33, from Tuesday to Saturday, 10.30 - 21.00 (French time - cost of a local call in mainland France);

-     by email, at the following address: adv@lacaveduchateau.com

-     by post, at the following address: La Cave du Château SAS

31, avenue Franklin D. Roosevelt

75008 Paris

 

  1. ORDERING PRODUCTS


6.1 Customers must place Orders on the Website, via their "My Account" space.

6.2 Customers must complete the following stages on the Website to confirm an Order for Products:

1- Select the Products that will be automatically added to their basket by clicking on "ADD TO BASKET";

2- Check the items on the Order and, if necessary, identify and correct any errors, and then confirm the basket of Products by clicking on "BASKET" and then on "SUBMIT ORDER" or "PAY";

3- Complete the invoicing information fields on the Website or log in via "My Account", or create "My Account" by clicking on "REGISTRATION";

4- Complete the Delivery address, if different, as well as the relevant information fields;

5- Select Delivery method;

6- Select method of payment;

7- Accept the General terms and conditions of La Cave du Château;

8- Confirm the payment of the Price of the Order, which constitutes final confirmation of the Order by the Customer, subject to confirmation and receipt of the full Price of the Order by La Cave du Château;

6.3 There is no minimum amount required to confirm an Order on the Website.

6.4 Any Order constitutes acceptance by the Customer of the Price and description of the Product available for sale on the Website.

Customers are strongly advised to keep a copy of their Order on paper or a reliable, durable recording medium.

6.5 The Customer will then receive an email confirming acceptance of the Order within twenty-four 24 hours, during the La Cave du Château opening hours, summarising the Order reference, Product(s) ordered, quantity, Price, colour, vintage, Delivery charge, applicable taxes, particularly value added tax, the payment method chosen, and the Customer's details, as well as the Delivery and invoicing addresses.

If the Order is not confirmed by La Cave du Château by email within this period, the Order is considered not to have been accepted.

If the acceptance email is not received within this period, the Customer is invited to contact the team at La Cave du Château (see: "CUSTOMER SERVICE", Article 5 in these General terms and conditions).

The Customer will also receive confirmation by email when the Order has been shipped.

6.6 La Cave du Château agrees to fulfil orders received via the Website and duly confirmed, subject to availability.

If any of the Products ordered via the Website are unavailable, La Cave du Château agrees to inform the Customer by email.

La Cave du Château may, at their own discretion, offer the Customer an equivalent Product or item to replace any unavailable Product(s). If no answer is received from the Customer or no equivalent Product is available, the Order for the unavailable Product will be cancelled and the Price reimbursed to the Customer, while the remainder of the Order remains valid.

Customers are informed that, for certain Products, the items available may be replaced by other equivalent, or even superior, Products, at the discretion of La Cave du Château. Customers are recommended to refer to the details of the Product(s) considered and/or contact Customer Service at La Cave du Château SAS before placing any Order (see: "CUSTOMER SERVICE", Article 5 in these General terms and conditions).
6.7 La Cave du Château reserves the right to cancel or refuse any Order from a Customer on legitimate grounds, for example: difficulty obtaining a Product, a problem with the Order or Delivery, or an abnormality in the Order, or in case of a dispute concerning a previous Order, particularly one related to payment. La Cave du Château cannot, in any case, be held liable under this heading.

 

6.8 La Cave du Château will inform the Customer by email.

 

  1. PRICES


7.1 The Prices of Products sold on the Website are indicated per item and reference.

7.2 The Prices on the Website are expressed in euros, including all taxes but excluding Delivery charges.

Delivery charges are will be invoiced in addition to the Price of the Order, depending on the type of Delivery chosen by the Customer, including but not restricted to Delivery to a pick-up point, standard, or express.

7.3 La Cave du Château reserves the right to modify Prices at any time without notice. Products will be invoiced on the basis of the current Price at the time the Order is confirmed by the Customer.

7.4 In case of error in entry, printing, publication, or calculation resulting in a displayed Price significantly below the Price normally applied on the Website or in the reference market for the Product(s) considered, the Order may be cancelled, even if an automatic confirmation had previously been issued by La Cave du Château.

The Customer will be informed by email in a timely manner, and invited to place a new Order at the correct Price, if s/he wishes.

 

  1. PAYMENT


8.1 Payment for Products on the Website is accepted only in euros, by:

-     bank card: Visa, Carte Bleue, Mastercard, American Express

-     bank transfer

-     Paypal account

-     Paylib account

La Cave du Château Website uses a secure payment system provided by BNP, who may request confirmation of the Order by entering a 3D-Secure code supplied by the bank that issued the bank card, communicated to the Customer by text message. Bank data communicated by the Customer are encrypted and transmitted directly, without transiting via the Website.

8.2 In compliance with article L. 132-2 of the French Monetary and Financial code, a commitment to pay by means of a bank card is irrevocable. By submitting his/her bank card information, the Customer authorises La Cave du Château to charge the sum corresponding to the Price of the Order submitted via the Website to that card.

The Customer therefore confirms that s/he is the holder of the bank card to be charged and that his/her name is the same as the one on the bank card. The Customer enters the sixteen figures on the bank card and its expiration date, as well as the security code, if applicable.

If it is impossible to charge the Price of the Order to the card, the Order for the sale of the Products will immediately be automatically cancelled. La Cave du Château implements the necessary means to ensure the confidentiality and security of data uploaded to the Website via their service provider, BNP.

8.3 The Customer agrees to pay the full Price of the Order on confirmation of his/her payment.

The Order will be confirmed by La Cave du Château subject to receipt of payment in full.

The Products will remain the property of La Cave du Château until payment in full of the Order by the Customer.

8.4 The invoice for the Order will be established on shipment of the Order and emailed to the Customer by La Cave du Château.

 

  1. SHIPMENT AND DELIVERY


9.1 No order will be shipped without receipt of payment and prior confirmation by La Cave du Château.

9.2 With the exception of holiday periods, any Order made via the Website between Monday and Friday before 14.00 (French time) and duly confirmed by La Cave du Château will be prepared and shipped within 2 working days.

Any Order made and duly confirmed by La Cave du Château between Friday after 14.00 and the following Monday will be processed on the Tuesday of the following week or the next working day.

9.3 Delivery of Orders is guaranteed anywhere in the world, with the exception of countries where importing alcohol is prohibited, and subject to the specific customs regulations of each country. The non-exhaustive list of countries where La Cave du Château provides delivery is as follows:

Germany, Australia1, Austria, Bahamas, Barbados, Belgium, Belize, Bermuda, Bulgaria, Cap-Verde2, China23, Costa Rica, Croatia, Cuba2, Denmark, Dominica, El Salvador, Spain, Estonia, United States12, Fiji, Finland, France, Gambia2, Gibraltar, Great Britain, Greece, Grenada, Guadeloupe3, Equatorial Guinea, Guyana, Hong Kong2, Hungary, Ireland, Iceland, Italy, Japan, Jersey, Laos, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Northern Mariana Islands, Martinique, Mayotte, Norway, New Caledonia, New Zealand1, Netherlands, Peru, Poland, French Polynesia1, Porto Rico, Portugal, Dominican Republic, Reunion, Romania, Saint-Martin (FR)3, Slovakia, Slovenia, Sri Lanka, Switzerland, Trinidad and Tobago.















1: customs duties and/or taxes payable
2: spirits prohibited
3: maximum 2 bottles

 

To request delivery in a country not included on the list above, please contact La Cave du Château by email at the following address: ADV@lacaveduchateau.com

9.4 Orders will be delivered in a single delivery to the Delivery address indicated by the Customer on placing the Order.

The Customer is solely liable for Delivery failure resulting in the loss of the Products due to a lack of information when placing the Order or a mistake by the Customer in his/her details or the Delivery address, particularly his/her last name, first name, address, telephone number, or email address. In this case, the Customer remains liable for payment of the Products.

No modification in Delivery address will be accepted after the Order has been shipped.

9.5 The Order will be delivered by the method chosen by the Customer, in average delivery times given for information at the time the Products were ordered.

9.6 A Customer may schedule delivery at a later date by contacting Customer Service at La Cave du Château directly (see: "CUSTOMER SERVICE", Article 5 in these General terms and conditions).

9.7 Delivery times are expressed in working days and correspond to the time required to prepare and ship the Order by the Delivery method chosen by the Customer.

La Cave du Château and their Delivery contractors will make every effort to meet the Delivery schedule for Products Ordered, which is, however, indicative. A late delivery does not constitute grounds for damages, deduction, or cancellation of the Order by the Customer

If the Delivery schedule cannot be met, particularly for meteorological reasons, La Cave du Château or their Delivery contractor will inform the Customer by any means, but this does not constitute grounds for cancelling the Order. La Cave du Château recommends that Customers contact Customer Service in case of late delivery.

9.8 Customers may track their Orders via "My Account" or contact Customer Service at La Cave du Château (see: "CUSTOMER SERVICE", Article 5 in these General terms and conditions).

9.9 In application of the Consumer Code and only if the Customer is a consumer according to current French legislation on the Order date, if the Products are not shipped or delivered within seven (7) days, starting from the date indicated on confirmation of the Order by La Cave du Château, the Customer may decide to cancel the Order, within sixty (60) working days, by registered letter with acknowledgement of receipt, sent to the following address:

La Cave du Château SAS

31, avenue Franklin D. Roosevelt

75008 Paris

The Price of the Products that were not delivered will be then be fully reimbursed to the Customer.

If the Order has already been shipped when La Cave du Château accepts a cancellation request from the Customer, it is still possible to cancel the Order by refusing the Delivery. La Cave du Château will then reimburse the sums debited following acceptance of the returned shipment, subject to checking that all the Products are present and in their original condition.

9.10 Customers agree to provide proof of identity by presenting a valid document, if requested by the Delivery contractor, and, if necessary, give the reference number of the Order issued by La Cave du Château in the email confirming the Order.

If the Customer cannot accept the Delivery in person, s/he shall appoint a third party to represent him/her, who shall be in possession of his/her authorisation and a photocopy of the Customer's proof of identity.

9.11 The Customer agrees to be present at the Delivery address indicated, on the day and during the entire time slot indicated by La Cave du Château's Delivery contractor.

The Customer agrees to sign the delivery slip presented, where a precise, concise description of any reservations concerning the Products delivered shall be written by hand. In particular, the Customer shall count the number of packages delivered.

If the Customer is absent at the time of Delivery, Customer Service at La Cave du Château will contact the Customer to set another delivery date. The Customer will be liable for any expenses incurred by the repeat Delivery.

The Customer is not entitled to any reimbursement or damages, particularly if the Delivery is not made for any of the following reasons:

-     lack of information at the time of placing the Order or Customer error in his/her details or the Delivery address

-     his/her absence

-     his/her unavailability

9.12 The Customer is obliged to check the condition and packaging of the Products at the time of Delivery.

The Customer is responsible for issuing reservations and making any necessary claims, or even refusing the Delivery, if s/he observes any anomaly, irregularity, damaged or open packages, missing or defective Product(s), breakage, etc.

These reservations and claims must be sent to La Cave du Château, within three (3) days of the Delivery of the Products, by email on: ADV@lacaveduchateau.com or by registered letter with acknowledgement of receipt, as evidenced by the postmark, to the following address:

La Cave du Château SAS

31, avenue Franklin D. Roosevelt

75008 Paris

If no complaint is made to the Delivery contractor and La Cave du Château within the time limit, any action will be extinguished and the Products considered to have been unconditionally accepted by the Customer.

 

  1. RIGHT OF WITHDRAWAL


10.1 In accordance with current French legislation particularly article L.121-21 of the Consumer Code, if a Customer is a consumer according to current French legislation on the Order date, s/he has a right to withdraw from a contract signed remotely within fourteen (14) days after acceptance of the Products, without giving grounds for this decision.

The Customer-consumer remains, however, liable for the direct costs involved in returning the Products and agrees to return the Products to La Cave du Château as soon as possible and, at the latest, within fourteen (14) days from notification of his/her decision to exercise the right of withdrawal.

If a Customer-consumer exercises the right of withdrawal under the conditions described above, La Cave du Château will reimburse the sums paid for the Products concerned by the same means of payment within fourteen (14) days after the formal receipt of the Products by La Cave du Château or proof of shipment of the goods by the Customer-consumer.

La Cave du Château reserves the right to offer the Customer-consumer any other means of reimbursement by an exchange with one or more Products of equivalent value.

La Cave du Château also reserve the right to hold the Customer-consumer liable for any loss of value of the returned Products.

 

  1. PRODUCT WARRANTY


11.1 La Cave du Château is subject to the conditions of legal warranties, in compliance witharticles L.211-4, L.211-5 and L.211-12 of the Consumer Code and provisions on latent defects in articles 1641 and 1648 of the Civil Code.

Please contact Customer Service for any further information.

11.2 On the legal warranty of conformity:

Article 211-4 of the Consumer Code

"The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.

He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility."

Article 211-5 of the Consumer Code

"To conform to the contract, the product must:

1° Be suitable for the purpose usually associated with such a product and, if applicable:

- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;

- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to."

Article 211-12 of the Consumer Code

"Action resulting from lack of conformity lapses two years after delivery of the product."

11.3 The legal warranty on latent defects:

Article 1641 of the Civil Code

"A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them."

Article 1648 of the Civil Code

"The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice."

 

  1. INTELLECTUAL PROPERTY


12.1 Rights to the Website and its content

The Website, the Products offered for sale, their images, and the integrated databases are the exclusive property of La Cave du Château and/or their partners.

Consequently, any extraction, partial or total reproduction, or transfer of the Website and/or any elements it contains, such as the databases or visuals, as well as any use other than consulting them on the Website, are strictly prohibited without the prior authorisation in writing of La Cave du Château, with the exceptions specified and strictly controlled by current legislation, particularly the French Intellectual property code.

12.2 Rights concerning the brands and domain name of the Website

The names, logos, and identity signs of any kind (such as logotypes, figurative trademarks, or names of Products and services) cited and reproduced on the Website, are the exclusive property of La Cave du Château and/or their partners, if applicable. No use, even partial, reproduction, representation, or imitation of these elements by the User is authorised, without the prior written authorisation of the holders of the rights concerned. In particular, any infringement of this obligation constitutes a counterfeiting offence and/or unfair competition exposing the perpetrator to prosecution and civil and criminal penalties.

 

  1. DATA PROTECTION


13.1 Cookies and data

Users are informed that the use of the Website and its services may entail the placement of cookies on their hard disk when they browse the Website.

A cookie does not identify the User; however, it records information concerning the browsing of the computer on the Website that La Cave du Château may read on later visits, to facilitate the User's browsing experience.

This information is held for a period of two (2) months.

Users may delete this information from their computers manually, following the procedure applicable to their operating system and Internet browser.

If a User chooses to refuse to accept cookies on his/her computer hard disk, the Website may not function correctly.

La Cave du Château collect anonymous data on flows and traffic generated when the User's computer is connected to the Website, including: access provider, IP address, type and version of browser used, connection time, etc. In particular, these data are collected to meet their legal obligations and may also be used for statistical purposes to analyse Website traffic and improve it by adapting it to the User's needs and preferences. These data are never exploited by name.

13.2 Personal data

In using services on the Website, Customers may need to communicate personal data to La Cave du Château, particularly when they register on the Website and use the "My Account" functions.

13.2.1   Security and Confidentiality

We protect the security of your personal information during transmission by using SSL (Secure Sockets Layer Software) software, which encrypts the information you enter before sending it to the Website.

We maintain physical and electronic security measures, as well as backup procedures related to the collection, storage, and communication of our Customers' personal information.

Customers are entirely responsible for their access to "My Account", particularly the confidentiality of their identifiers (login and password). They agree not to disclose them, or permit their use by unauthorised third parties for any purpose whatsoever.

Customers agree to contact La Cave du Château as soon as possible if they have any suspicion that their "My Account" access has been pirated or used without their authorisation.

La Cave du Château cannot be held liable for misuse of identity or of a Customer's "My Account" function and any consequences resulting from those actions.

13.2.2   Type and processing of personal data collected

In compliance with the law of 6 January 1978 (modified), the communication of personal data is optional, confirmed by the explicit agreement of the Customer to use the services of the Website.

La Cave du Château collects and processes personal data communicated by Customers to optimise the Website and its services and enable them to order Products via the Website.

The following information is concerned: the Customer's title, last and first name, invoicing and delivery addresses, main email for contacting the Customer, as well as telephone numbers to facilitate the management and delivery of Customer orders.

Customers are informed that data communicated via the forms on the lacaveduchateau.com Website and identified as obligatory are necessary to process orders and answer messages received. Consequently, it is not possible to place orders or process messages if these data are not provided by visitors to the Website.

Furthermore, Customers may modify some of the personal data on our Website in the "My Account" section at any time

Customers are informed that the processing of personal data related to customer and prospect management by La Cave du Château was duly notified to the French National Data Protection Authority (CNIL) on 30 May 2016 under the number 1964324.

13.2.3   Transferring personal data

La Cave du Château agrees not to communicate, assign, or transfer the personal data to third parties without the prior written consent of the Customer concerned, unless legally required to do so, or on request from the competent authorities empowered to do so.

13.2.4   Right to access, right to access, correct, refuse, or delete any processing of personal data

In compliance with the French law on "Data Protection", n°78-17 of 6 January 1978, modified by the law of 6 August 2004, Customers who have communicated personal data retain the right to access, correct, refuse, or delete any processing of personal data, free of charge, by writing to the following address:

La Cave du Château SAS

31 avenue Franklin D. Roosevelt

75008 Paris

Customers may, on legitimate grounds, refuse the processing of data concerning them at any time, and, in particular, request the closure of their "My Account" space, which will lead to the irreversible, permanent deletion of any personal data in the system within one (1) months.

13.2.5   Newsletter and prospecting

Customer may register on the Website free of charge to receive the Newsletter, containing information on special offers from La Cave du Château, special events, and new Products available on the Website.

Customers may select the information they wish to receive or unsubscribe at any time, using the link provided for this purpose in each newsletter or prospecting message.

 

  1. LIABILITY


14.1 La Cave du Château may be exonerated from all or part of their liability in the context of on-line sales of Products of which they are only distributors, and not, in any case, manufacturers, by providing evidence that the non-performance or poor performance of these General terms and conditions is attributable to the Customer, or to an unforeseeable, insurmountable action by a third party, or to an Act of God or force majeure.

In any case, La Cave du Château may only be held liable for direct losses caused by the Products sold on their Website or sales, excluding all other losses. The compensation paid by La Cave du Château in this context shall not exceed the Price of the Order, including all taxes but excluding Delivery charges.

14.2 La Cave du Château cannot be held liable for damages of any kind: material damage, moral prejudice, or injury, as well as elements outside their control, or any damage that may possibly be suffered by Users via their technical environment, particularly their computers, software, equipment, networks (modems, telephones, etc.), and any equipment used to access or use the Website.

La Cave du Château uses all reasonable resources available to ensure high-quality access to the Website but is under no strict obligation to do so.

La Cave du Château reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Website for maintenance purposes, or for any other reason, without giving notice or informing Users, and this interruption, suspension, or modification of access will not entitle Users to any obligation or compensation from the company, irrespective of any prejudice to them or to third parties due to this malfunction or unavailability.

 

  1. FORCE MAJEURE


In case of an Act of God or force majeure, defined by French case law as an event beyond the control of La Cave du Château, making it impossible to fulfil their normal obligations or delaying their fulfilment, La Cave du Château will inform the Customer by email that an Act of God or case of force majeure has occurred within three (3) days from the date such an event occurs.

The company will then be excused from this obligation for as long as the effects of the force majeure continue, without incurring any liability or being liable to pay any compensation.

If the performance of the Seller's obligations is suspended for a period exceeding thirty (30) days, the Customer may cancel any Orders in progress. La Cave du Château will then reimburse the Order by crediting the bank account linked to the bank card used to pay for Order.

 

  1. TERM AND UPDATES


The General terms and conditions for using this Website are agreed for an indefinite period, starting from the first use of the Website by the User.

These General terms and conditions are applicable from the date an Order is confirmed, for the length of time necessary for the Delivery of the Products to the Customer, until the warranties and obligations of La Cave du Château have been extinguished.

These General terms and conditions are likely to evolve with the Website and business of Cave du Château. Users and Customers who have accepted these terms and conditions are invited to check them regularly for updates. Except in case of a major change impacting the situation of Users or Customers, which may be notified via an alert on the Website, both Users and Customers are assumed to accept these regular updates.

 

  1. MISCELLANEOUS


17.1 Any amendment, termination, or dropping of any of the clauses in these General terms and conditions will only be valid subject to a written agreement between the Parties.

17.2 If one or more of the provisions in these General terms and conditions are held to be invalid or become so in application of a law or regulation, or following a final court ruling, the other provisions will retain all their force and scope.

17.3 The fact that La Cave du Château or the Customer does not claim a breach of one of the obligations in these General terms and conditions shall not be interpreted as a waiver of the obligation concerned for the future.

17.4 Neither of the Parties is entitled to make any commitment in the name and/or on behalf of the other party. In addition, each of Parties remains solely liable for their own claims, commitments, services, products, and staff.

 

  1. APPLICABLE LAW, LANGUAGE, AND JURISDICTION


18.1 These General terms and conditions are subject to French law.

18.2 In case of any dispute concerning the interpretation, performance, or validity of these General terms and conditions, the Customer may contact Customer Service at La Cave du Château to find an amicable solution.

Failing that, the French courts will have sole jurisdiction to settle the dispute.

GENERAL TERMS AND CONDITIONS OF 2016 EN PRIMEUR:

La Cave du Château, a wholly-owned subsidiary of Domaine Clarence Dillon (Château Haut-Brion, Château la Mission Haut-Brion and Château Quintus) selects French wines, champagnes and spirits and sells them in the shop located at 31 avenue Franklin D. Roosevelt, 75008 Paris.

La Cave du Château offers a large selection of ”En Primeurs 2016 wines”, bought directly from the Estates, through Clarence Dillon Wines,  Domaine Clarence Dillon’s wine merchant and wholly owned subsidiary. This way, we are sure to guarantee the availability of the wines sold “En Primeurs », which will only be made available by the châteaux during the first semester of 2019.

1/Object:

General Conditions of Sale are intended to define the rights and obligations of both parties in connection with the sale of the wine « En Primeurs » offered by La Cave du Château. Any order of “En Primeur” wines placed by a customer to La Cave du Château means the customer accepts these General Conditions of Sale. French law is applicable.

2/Purchase order and acceptance:

Upon reception of your purchase order we will check the availability of the wines requested, within our allocation by the chateaux. If confirmed by the chateaux, we will send you an invoice covering the full amount of the order, VAT excluded. This invoice, once paid, within maximum 15 days, will serve as confirmation of the order.

Full payment of the invoice also implies acceptance of the general conditions of sale.

3/Pricing:

The prices are quoted in euros excluding tax (20% VAT currently), per single bottle. These prices include wooden boxes of 6, 12 bottles or 6 magnums upon demand.

4/Payment:

Your order is firm and final after payment of invoice representing the total price excluding VAT.

The modes of payment:

You can pay your order:


  • By cheque

  • By credit card

  • By bank transfer (RIB on request)


 

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