Welcome to the site www.chateau-ferrand.com, the company SCE CHATEAU FERRAND offers the sale of its wines, produced on the property.
These general conditions of sale are concluded on the one hand by the company SCE CHATEAU FERRAND, with a share capital of 7622.45 € whose head office is located at 15 Chemin de la Commanderie 33500 LIBOURNE, registered in the Trade and Companies Register of Libourne, under number 309731685 hereinafter referred to as “Château Ferrand” and, on the other hand, by any natural person wishing to make a purchase via the website www.chateau-ferrand.com hereinafter referred to as “the Customer”.
The Château Ferrant online sales site, accessible at www.chateau-ferrand.com, is reserved exclusively for private buyers/consumers (non-professionals).
This online sales site prohibits the offer and sale of alcoholic beverages to minors or similar, in accordance with the provisions of Ordinance No. 59-107 of January 7, 1959, the law of July 5, 1974 and articles L 3342-1 and following of the Public Health Code.
For any order made on the site or establishment of the order form, you acknowledge having the legal capacity to conclude this contract.
Alcohol abuse is dangerous for your health, consume in moderation.
These General Terms and Conditions of Sale are accessible at any time on this site, therefore any order placed on the site will be subject to these T&Cs. These may change to take into account the applicable regulations.
ARTICLE 1: FIELDS OF APPLICATION
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by Château Ferrand (“the Seller”) with individual consumer buyers (“the Customers or the Customer”), wishing to acquire the products offered for sale by the Seller (“the Products”) on the website www.chateau-ferrand.com.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers.
These General Conditions of Sale may be supplemented by special conditions, set out on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website www.chateau-ferrand.com and will prevail, where applicable, over any other version or any other contradictory document.
These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the website on the date of placing the order.
Changes to these General Terms and Conditions of Sale are enforceable against users of the www.chateau-ferrand.com website from the time they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2: ORDERS AND VALIDATION
The products offered for sale on the site are exclusively available to adults residing in Metropolitan France. With regard to other countries, the products may also be offered with increased shipping costs or tax and customs duties, depending on the destination.
The main characteristics of the Products, and in particular the specifications, illustrations and additional information (centilizations, vintages, etc.), are presented on the website www.chateau-ferrand.com. The Customer is required to read it before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the site www.chateau-ferrand.com are not contractual and cannot engage the responsibility of the Seller.
– Creation of a Customer account
The Customer places an order on the website www.chateau-ferrand.com. To buy one or more items, he must follow the following order process:
– Choice of products and addition to the basket
– Validation of the contents of the basket
– Creation of the Customer account / or Identification
– Choice of payment method and acceptance of the GCS
– Confirmation of payment
The Customer will receive an order confirmation email.
To place an order, the Internet user is invited to create a Customer account which lists all the information necessary for the proper performance of the contract between the Seller and the Customer, via a form. These identifiers will be used for all orders placed on the site.
The Customer is responsible for updating his personal information. Any modification is possible by logging into your personal account.
The Customer can access his personal space and the history of his orders by identifying himself using his username and password, which he will have chosen beforehand when registering and which are strictly personal.
As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The creation of the account entails de facto acceptance of these T&Cs.
– Placing an order
The recording of an order on the site www.chateau-ferrand.com is carried out when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. This entails the automatic acceptance of all of these GCS and constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The applicable GCS are those in force on the day of validation of the order.
In accordance with the law, orders for individuals are limited to 90 liters for still wines, and 60 liters for sparkling wines. In the case of an order of wines with blending, the delivery is limited to 90 liters or 120 bottles of 75 cl.
Unless proven otherwise, the data recorded by Château Ferrand during the transaction constitutes proof of all transactions.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
– Payment of orders
When validating the order on the www.chateau-ferrand.com website, a method of payment is offered:
– cash payment via bank transfer on the Stripe platform. The order is considered valid only after receipt of payment. Payments are made only by credit card (Carte bleue, Visa, Eurocard/Mastercard, etc.), via a secure payment system, and the order is debited at the time of online payment.
– securing bank data: the www.chateau-ferrand.com site is equipped with a secure payment system via the Stripe server. When paying for his order, the Customer is automatically redirected to the Stripe platform in order to guarantee the confidentiality of the Customer’s bank details.
For any other means of payment, we invite you to contact Château Ferrand:
Telephone number: 05 57 51 21 67
Email address: firstname.lastname@example.org
Contact form on the website
– Modification and cancellation of order
After confirmation and acceptance by the Seller under the conditions described above, the order cannot be modified or canceled, except for the exercise of the right of withdrawal or in cases of force majeure.
ARTICLE 3: DURATION OF VALIDITY OF THE OFFER OF PRODUCTS
Product offers are within the limits of available stocks, as specified when placing the order.
In the event of exceptional unavailability of a Product after placing the order by the Customer, the Seller will inform the Customer as soon as possible. The Customer will have the option of choosing a refund (within 14 days) or an exchange with an equivalent Product.
ARTICLE 4: PRICES AND PRODUCTS
The prices of the Products are indicated in euros including VAT and take into account the VAT applicable on the day of the order, they do not include delivery and warranty costs. The selling prices of the products are valid in each country of delivery, with the exception of customs fees or other costs on arrival.
Delivery costs may change regularly.
For each order placed, a detailed invoice is sent to you by email. This invoice is therefore expressed in euros including tax.
In the context of promotions, exceptional offers, the prices offered and displayed are only valid during the period indicated by the site or on the email received on this occasion, and within the limits of available stocks.
– Promotional codes
You may be offered deductible promotional codes on your order and according to the terms of the promotional code: free delivery costs, specific products, minimum product quantities, minimum purchase amount, etc. Château Ferrand reserves the right to cancel orders in the event of fraudulent* use of the promotional code.
In the case of use of the promotional code, it must be indicated in the field present on the validation page of your order, before the payment of the order. Any promotional code not entered before placing the order will not give rise to requests for reimbursement.
* Examples of fraudulent use (non-exhaustive list):
– the creation of several customer accounts, with the same delivery address / the same contact details / common IP address, in order to benefit from multiple promotions.
– the cancellation of a previous order in order to place a similar order again with the use of the promotional code.
ARTICLE 5: WITHDRAWAL FROM THE PROPERTY: CLICK & COLLECT SERVICE
The customer chooses a day and a time slot to pick up their order at the property. The Customer has a period of 48 hours from the date chosen to present himself. At the end of this period, the products will be put back on sale.
Payment for the order is made:
– on the website directly (Article 2 – payment of orders)
– when withdrawing the order according to the payment methods accepted by the company (cash, check, credit card)
ARTICLE 6: DELIVERY
Several delivery methods are offered to the Customer when an order is placed on the www.chateau-ferrand.com website: by carrier or click & collect (withdrawal of the Customer from the Château Ferrand address).
The order is delivered to the address indicated by the Customer. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to deliver the products ordered as soon as possible. However, if the Products ordered are not delivered within 30 days after placing the order, for any reason other than force majeure or the Customer’s act, the sale may be canceled at the Customer’s written request within conditions provided for in Articles L 216-2, L 216-3, L 241-4 of the Consumer Code. The reimbursement of the sums paid by the Customer will be returned to him within 14 days from the date of termination of the contract, excluding any compensation or deduction.
Deliveries are provided by an independent carrier, the Seller bears the transport risks and is required to reimburse the Customer in the event of damage caused during transport.
In the event that the package should be returned to the sender (the Seller) due to an incomplete delivery address, absence upon receipt, then any re-delivery will be borne in full by the Customer.
In the event that the package is damaged during transport, the Customer must notify the carrier upon receipt of the package. The Customer is therefore required to check the contents of the package in the presence of the carrier, in order to issue a reservation in the event of non-compliant content or deterioration. Any package accepted without reservation prevents a subsequent claim. The reserve must be descriptive, for example: a broken bottle, and cannot contain only “subject to opening the package”. The Customer has a maximum period of 3 days after delivery to report a damaged package, in accordance with Article L 133-3 of the Commercial Code.
The Seller will refund or replace as soon as possible and at its expense, the damaged Products delivered which have been duly proven by the Customer. Article L 217-4 and following of the Consumer Code and those provided for in these General Conditions of Sale.
ARTICLE 7: RETENTION OF OWNERSHIP
By express agreement, all our products remain our property wherever they are until full payment of the invoices due. This does not preclude, upon delivery of the products, the transfer of the risks of the goods to the Customer.
ARTICLE 8: RIGHT OF WITHDRAWAL AND REIMBURSEMENT
Pursuant to Article 221-18 of the Consumer Code, the Customer has a period of 14 days from receipt of the Product(s) to exercise his right of withdrawal from the Seller, without having to justify reasons. nor to pay any penalty, for the purpose of exchange and reimbursement, provided that the Products are returned in their original packaging and in perfect condition (in resalable condition) accompanied by a legible copy of the invoice. The return costs remain the responsibility of the Customer, only the price of the Products and the related delivery costs will be reimbursed by the Seller. Damaged, soiled or incomplete Products are not taken back.
The withdrawal procedure is as follows:
– Declaration via the contact form available in the Contact tab of the website. The Customer notifies his decision to withdraw, by dating and signing his decision, and specifies his contact details.
– The Customer returns the Product(s) concerned to the address of Château Ferrand within a maximum period of 14 calendar days following his declaration of withdrawal.
15 Commandery Road
The refund will be made within 14 days of the Seller’s notification of its decision to withdraw. This reimbursement date may be deferred until the date of actual receipt of the Products.
This refund will be made in cash and credited to the bank account from which the payment received by Château Ferrand was issued.
ARTICLE 9: LEGAL GUARANTEE
The Products offered on the site comply with the regulations in force in France; articles L 217-4 and following of the Consumer Code and the guarantee against hidden defects, articles 1641 and following of the Civil Code.
The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
– the legal guarantee of conformity for Products that appear to be defective, spoiled or damaged or that do not correspond to the order.
– the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
In accordance with French common law, Château Ferrand engages its liability with its customers exclusively on any proven fault that will have caused them damage or prejudice during the execution of its own contractual opportunities. However, Château Ferrand cannot be held liable for consequential damages such as those set out below (non-exhaustive list), regardless of the cause: loss of planned savings, termination costs or cancellation, a password with insufficient security, errors, the unavailability of information and/or services, the presence of viruses on its site, in the event of misuse, negligence or lack of maintenance on the part of of the Customer, such as in the event of wear and tear of the Product, accident or force majeure, etc.
In any case, in the event of questioning the liability of Château Ferrand in respect of the products delivered by the company, the parties agree that the indemnity charged to it will be limited to an amount equal to the amount of the last invoice issued by Château Ferrand for products delivered or not to the Customer.
ARTICLE 10: PROTECTION OF PERSONAL DATA
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices. , especially.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the website www.chateau-ferrand.com meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.chateau-ferrand.com
ARTICLE 11: INTELLECTUAL PROPERTY
The trademarks and content of the website www.chateau-ferrand.com are the property of the Seller and its partners, and are protected by French, European and international laws relating to intellectual property.
Any total or partial reproduction of these contents is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 12: Imprevision
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume an excessively onerous performance risk may request a renegotiation of the contract. to its co-contractor.
ARTICLE 13: FORCE MAJEURE
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the Civil Code.
ARTICLE 14: APPLICABLE LAW
These General Terms and Conditions of Sale and the resulting transactions are governed by French law.
In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
ARTICLE 15 – DISPUTES – MEDIATION – COMPETENT JURISDICTION
All disputes arising between the Consumer Client and the SCE CHATEAU FERRAND, and to which these GCS could give rise, concerning their validity, their interpretation, their execution, their resolution, their consequences, must, before any legal action, make the object of an attempt at amicable resolution.
First of all, the Consumer Client is invited to approach SCE CHATEAU FERRAND directly, to try to find an amicable solution.
Failing agreement, the consumer Customer will also have the option of submitting the dispute relating to these GCS to a consumer mediator. SCE CHATEAU FERRAND offers the Customer to entrust the settlement of the dispute to Mr. Cédric BERNAT, Mediator, Member of the Bordeaux Mediation Association.
Contact details of the Mediator: secretariat: 05 56 44 40 56; email: email@example.com; postal address: 12 avenue de Tivoli, 33110 LE BOUSCAT.
In the event of impediment or if the Mediator designated above had to withdraw, for a reason related to the preservation of his neutrality, his independence or his impartiality, it would then be left to the Association Bordeaux Médiation, to appoint from among its members, in application of its rules of procedure, another Mediator, or a Mediator. Contact details for the Bordeaux Mediation association: 1 rue de Cursol, CS 41073, 33077 BORDEAUX; secretariat: 05 56 44 48 44; e-mail: firstname.lastname@example.org
Then, it is only in the event of failure of the attempt at amicable resolution, or failing that, of the attempt at mediation, the failure of which will have been noted, that the disputes arising within the framework of the execution of the these T&Cs will be subject to the jurisdiction of the courts, under the conditions of common law.