Terms of sale

Terms of Sales
Website: www.chateau-de-la-perriere.com
Updated: March 2023
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1. Application of the General Conditions of Sale

1.1 These general conditions of sale (the "GTC") apply to the sale of products and Experiences (the "Products"; the "Experiences") by EARL La Perrière, 386 chemin du château, 69220 Saint Lager , (the "Seller"), with any customer (the "Customer"), on the website www.chateau-de-la-perriere.com (the "Website") and in the territory (the "Territory" ).
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1.2 The fact that any Customer orders one or more Products and/or Experiences from the Seller implies full acceptance of these GTC. These GCS constitute, in accordance with the law, the basis of commercial negotiation and therefore prevail over any contrary provision that may emanate from the Customer.

2. Definitions

2.1 For the application and interpretation of these T&Cs, the following words and expressions will have the corresponding definitions: “Customer”:
(V1. For consumers:) Any natural person, end user of the Products and/or Experiences, acting for their own personal needs and acquiring Products and/or Experiences from the Seller on the Website.
(V2. For professionals:) Any natural or legal person acting for professional purposes and acquiring Products and/or Experiences from the Seller on the Website with a view to their use for professional purposes or their resale.
“Order”: Action, for the Customer, to click on the icon “Validate my order”, after acceptance of these GCS, under the conditions defined in article 3.
"Contract": Together consisting of the Customer's Order and these GCS, as well as any special conditions agreed with the Seller
“Intellectual Property Rights”: any right belonging to the Seller, patents, trademarks, designs and models registered or not, logos, photographs, trade name, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right subject to protection in one or more countries.
“Party”: the Customer, on the one hand, and the Seller, on the other hand, together the “Parties”.
“Products”: bottles of wine manufactured and marketed by the Seller, as offered for sale on the Website.
“Experiences”: the activities and events offered by the Seller, as offered for sale on the Website.
“Website”: the website www.chateau-de-la-perriere.com
“Territory”: metropolitan France and Corsica.
“Seller”: EARL La Perrière, specialized in the production of wines and experiences and the marketing of these defined above.

3. Orders

3.1 Prior to the Order and in accordance with Article L. 3342-1 of the Public Health Code, the Customer must confirm that he is over eighteen (18) years old. Failing this, the Customer, by clicking on the button "Acceptance of the General Conditions of Sale" confirms that he is of legal age and that he is authorized to buy wine.
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3.2 The Order is placed with the Seller by the Customer, by clicking on "Validate my order", in accordance with the Customer's selection in his "Caddy".
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3.3 When placing the Order, the Customer expressly accepts these T&Cs, by clicking on the section “I accept these General Terms and Conditions of Sale”. This click has the value of acceptance and entails the full and complete acceptance of the Customer.

3.4 The Order is only valid after the Customer has informed of the elements necessary for the proper execution of his Order. These elements are:
- Billing address, Customer name, email, telephone number, SIREN/SIRET and/or intra-community VAT number (if professional); And
- Delivery address and telephone number of the recipient.
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3.5 The Customer guarantees the accuracy of each of this information. In the event that all or part of the delivery addresses turn out to be incorrect, obliging the Seller to return the orders to its warehouse, the Customer will bear the consequences and the Seller will be entitled to invoice the administrative and transport costs associated with the return. some orders.

3.6 The Customer's Order will be systematically confirmed by email, to the address indicated by the Customer when placing the Order. This confirmation email includes in particular an invoice in the name of the Customer, summarizing the elements
characteristics of the Order.
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3.7 The offers associated with a promotional code are valid for a defined time which is communicated to the Customer when giving his promotional code. Promotional codes are valid on targeted Products and/or Experiences and/or on the overall order, excluding shipping costs.
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3.8 The Order is placed subject to availability at the Seller. In the event of a stock shortage, the Seller informs the Customer by email of the cancellation or partial delivery of the Order. Upon receipt of this information, the Customer chooses one of the following two options:
- be delivered of a product of equivalent quality and price, within the limits of available stocks, for example by the following vintage or by an equivalent wine; Or
- be reimbursed for the price of the Product ordered within thirty (30) calendar days of its request.
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3.9 In the presence of such a case of stock shortage, the Seller cannot be held responsible for the material impossibility of honoring the Order. If applicable, the Seller undertakes to reimburse the price of the canceled Products ordered, including the corresponding shipping costs. The same will apply to any additional delivery costs due to this cancellation.

3.10 In the case of an order for experiences, the order and the payment thereof constitute reservation of the experience in accordance with its description (content, place, date).
The Seller reserves the right to cancel the experience up to D-24h for reasons of minimum number of participants and for all risks of non-compliance of the experience (weather conditions, etc.). In this case, the order will be refunded without any deduction of costs.

4. Delivery

4.1 The Seller will make its best efforts to meet the contractual delivery deadlines.
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4.2 The Products are delivered, depending on the destination, within a maximum period of five (5) to eight (8) working days from the Order of the Product, unless otherwise specified to the Customer before the validation of his Order. In this case, the Seller indicates to the Customer an estimated delivery date range.
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4.3 The delivery of the ordered Product(s) is made to the delivery address indicated by the Customer in his Order. The Seller delivers in Metropolitan France. For deliveries in Corsica and abroad, contact us
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4.4 The cost of delivery is calculated according to the quantity of Products ordered and is displayed in the Shipping Costs mention in the order summary before payment.
The rates applied are valid until 31/12/2023, and are recalculated each year according to the rates of the transport partners. A free applies from 36 bottles or equivalent magnums (1 magnum is worth 2 bottles).

4.5 For the calculation of the number of bottles included in the delivery and for the shipping costs, it is specified that one magnum (1.5 litres) will be considered as equivalent to two bottles.
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4.6 Delivery is made by carrier. In the absence of delivery to the address indicated by the Customer within Ten (10) working days after the estimated delivery date indicated by the Seller, the Customer may cancel his Order on the Website.
However, this cancellation will not be possible when the Seller has been prevented by a case of force majeure, as defined in article 12 of the GCS and has informed the Customer thereof as soon as possible.

4.7 Within ten (10) working days following the cancellation request by the Customer, the Seller will make a request to its bank for reimbursement of the total Order for the benefit of the Customer.

4.8 To track their order, the Customer can contact consumer service by email at the following address contact@chateau-de-la-perriere.com.

4.9 Each delivery is accompanied by a delivery note attached to the package and listing the Products contained therein.

4.10 Experiences are free of shipping costs. Each order of experiences will be the subject of a confirmation email which corresponds to a reservation voucher equivalent to delivery. The execution of the ordered experiment will be done on the date and place and according to the services and services provided for in the product sheet.

5. Price

5.1 The price applicable to the sale is the one in force on the day of the Order, as indicated on the Website before the Order is validated by the Customer.
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5.2 The price is indicated inclusive of all taxes. The shipping costs are also indicated to the Customer before the acceptance of the GCS and the validation of the Order.
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6. Terms of payment

6.1 The payment of the Order by the Customer is made by payment card at the time of validation of the Order. The payment cards accepted are CB, Visa, Master Card and American Express. The Customer's account will be debited immediately after acceptance of these T&Cs and validation of the Order, when the confirmation email is sent.
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6.2 The Customer guarantees that he has the necessary rights to use his payment card and that he is fully authorized to use it to pay for the Order.
He also guarantees that this card gives access to sufficient funds corresponding to the amount of his Order. Otherwise, the Seller reserves the right to cancel the sale under the conditions defined in Article 11.
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6.3 For its part, the Seller uses a secure method of payment such as SSL. Consequently, he cannot be held responsible for any fraudulent or misused use of means of payment, over which he has no control.

7. Product Compliance

7.1 On the occasion of each delivery of Products, the Customer must immediately check the conformity of the delivery received with the Order placed. This control will be carried out on the basis of criteria which, unless otherwise agreed in writing, are as follows: respect for the place and method of delivery, respect for the nature and quantity of Products delivered in relation to the quantity accepted and recognized by the carrier during loading, the condition of the packaging boxes.
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7.2 If necessary, the Customer will formulate his reservations, in a clear and precise manner, on the carrier's slip, then the delivery notes in accordance with articles L.133-3 and following of the Commercial Code. The Customer will simultaneously send a copy of the letter to the Seller by registered letter with acknowledgment of receipt.
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7.3 In the event of non-compliance of the Product delivered to the Customer with the Order, the latter having been the subject of reservations under the conditions described in 7.2 above, must be returned to the Seller, at the expense of the latter.
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7.4 The Customer may ask the Seller:
- either to be delivered of a Product in conformity with that ordered (within the limit of available stocks);
- either to be delivered a Product of equivalent quality and price (within the limit of available stocks);
- or to be reimbursed for the price of the Product within thirty (30) days of its request.

7.5 In the event of non-compliance, the cost of returning the Product ordered and delivered to the Customer, as well as the possible delivery of another Product, will be borne by the Seller.

7.6 In the case of experiments, if an experiment has been carried out in accordance with the description of the product sheet (date, place, content), it cannot be the subject of a complaint and therefore claim even partial reimbursement. .
For the good information of the Consumer Client, the applicable articles of the Consumer Code are listed below:
- Article L211-4 Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
- Article L211-5 Consumer Code: “To comply with the contract, the goods must:
1// Be specific to the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2/ Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.
- Article L211-12 Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".

8. Right of return for Customers (Article 8 specific to the consumer T&Cs)
8.1 This article only applies in the presence of a sale made for the benefit of a Customer, a natural person, acting for his personal needs and having the quality of consumer, to the exclusion of any professional Customer who does not benefit the right of withdrawal provided for by the Consumer Code.
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8.2 Pursuant to the provisions of Article L.121-20 of the Consumer Code, the consumer Customer has a period of seven (7) clear days from receipt of the Order to return the Products delivered with a view to an exchange or a refund, at the Customer's choice, without penalty except for the cost of return and initial shipping, which will remain at his expense.

8.3 The Customer may exercise this right of withdrawal by indicating the option chosen (exchange or refund) by email (to the address: contact@chateau-de-la-perriere.com or by post to the following coordinates: EARL La Perrière , 386 chemin du château, 69220 Saint Lager.

8.4 The average time to obtain reimbursement or replacement of Products is a maximum of (30) days.

8.5 However, refund or exchange options are only available to the Customer under the following conditions:
- that the Customer's request letter clearly and legibly indicates the return reference number obtained on the Website;
- that the Product is properly protected, in its original packaging, in perfect condition for resale (undamaged, damaged or soiled) accompanied by all its possible accessories;
- that the Product is accompanied by the delivery note so as to allow the Seller to identify the Customer and the Order concerned;
- without the Product having been uncorked, consumed (even partially) or used in any way whatsoever, that is to say provided that the Products are in a condition allowing their resale.
- In case of corked wine, the returned bottle must contain a sufficient quantity (minimum 50cl).

8.6 The costs and risks related to the return of the Product are the responsibility of the Customer.

8.7 If the Customer chooses reimbursement, this will be made by any means of payment within thirty (30) days of receipt by the Seller of the request for exercise of the right of withdrawal by the Customer, under provided that the Product has been returned to the Seller in accordance with the conditions listed above.
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8.8 In the case of experiences, the Customer may claim cancellation and therefore a refund of the full amount of the order up to 72 hours before the start of the experience. After this period, the order is due and no refund will be made.
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9. Retention of title clause

9.1 The Products sold remain the full and entire property of the Seller until full payment of the price and related costs by the Customer and effective collection by the Seller of the sums due under the Contract. They remain until their complete payment under the custody of the Customer who must bear the risks.

9.2 The implementation of this retention of title clause shall not have any effect whatsoever on the transfer of risks to the Customer which takes place upon receipt of the Products by the latter.
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10. Warranties

10.1 The Products and/or Experiences are developed according to the rules of the trade, prudence and the practices of the profession, in order to ensure the good safety and quality of the Products and/or Experiences.

10.2 The Seller warrants that the Products and/or Experiences have the security that can legitimately be expected, provided that the Products and/or Experiences are used by the Customer under normal or reasonably foreseeable conditions by the Seller. It is recalled in this respect that alcohol abuse is dangerous for health.
and that its consumption must remain moderate.

10.3 The Seller cannot be held liable in the event of:
o damage caused to the Customer by excessive consumption and/or misuse of the Products and/or Experiences (other than that mentioned above), or by his fault or negligence;
o damage caused by the Customer by excessive consumption of the Products;
o consequential damages that may arise from the purchase of one of the Products and/or Experiences from the Website;
o non-performance of the Seller in the presence of a case of force majeure

10.4 The Seller does not grant any particular guarantee and is only liable within the limits of the legal guarantees. In the event of a defect in the Products and/or their non-compliance and/or a delivery error constituting a substantial breach of the performance of the Contract, the Seller's liability shall be limited to replacing, at its expense, the Products paid for by the Customer or to proceed with their reimbursement after return of these Products, at the Customer's choice.
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10.5 It cannot therefore be held responsible for purchases made by persons under the age of 18 who have deliberately declared that they are older.
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10.6 All means have been implemented by the Seller to ensure the accuracy of the information presented on the Website. To this end, the Seller has taken the necessary measures to ensure that the photographic representation of the Products and/or Experiences on the Website is as faithful as possible to the Products and/or Experiences themselves. However, given the digital presentation mode of the Products, it is possible that the Customer's perception of the representation
photograph of the Products and/or Experiences does not correspond exactly to the actual Product and/or Experience. The photos and descriptions of the Products and/or Experiences are therefore not contractual.

(V.1 Warranty against hidden defects with regard to Consumer Customers) The Seller is bound by the warranty for hidden defects in the thing which render it unfit for the use for which it is intended or which so diminish this use,
that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known about them. If the Consumer Customer notices a defect in the Products, the origin of which predates the sale, he has a period of two (2) years from the discovery of the defect.
(V.2 Warranty against hidden defects with regard to professional Customers) The Customer, in his capacity as an informed professional, has a period of two (2) months from the date of delivery to report to the Seller any hidden defects in the Products.

10.7 In this case, the Customer leaves the litigious Products at the disposal of the Seller who organizes their removal at his own expense in order to analyze them himself. In any case, the Customer who denounces the existence of a hidden defect must be able to demonstrate that:
o the defect was prior to the sale;
o the product has been kept and stored under conditions of temperature, humidity and vibration appropriate to the nature of the Products;
o the defect is not related to time or to the normal evolution of the Product.
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10.8 In the event of confirmation of the defect by the Seller, the Customer will have the following options:
- either be delivered of a Product in conformity with that ordered (within the limit of available stocks);
- either be delivered of a Product of equivalent quality and price (within the limit of available stocks);
- or be reimbursed for the price of the Product within thirty (30) days of its request.

10.9 In the event of reimbursement, if only one (1) or two (2) bottles are concerned, the Customer will be reimbursed for the value of the Products in the form of a credit note (gift voucher). Beyond two (2) bottles, the refund will be made by bank check or transfer payable to the Customer.
(Mandatory and specific information for consumers)
For the good information of the Consumer Client, the applicable articles of the Civil Code are listed below:
- Article 1641 Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them".
- Article 1648 al 1st civil code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect".

12. Force majeure

12.1 The Seller cannot be held liable in the event of non-performance of one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (internally or at one of its service providers), lockout, accident, fire, freezing, flooding, bad weather, interruption or suspension of means of communication and/or transport, blockade, blocking of exports, prohibition of import or export, cessation of production or delivery, regulatory decision of an administrative control authority, etc.
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12.2 In this situation, the Seller duly informs the Customer of this impossibility and of the measures taken to remedy it.

13. Intellectual Property Rights

13.1 The Parties acknowledge that the Contract concluded between them does not entail any transfer of ownership of any kind whatsoever on the Intellectual Property Rights that each holds.
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13.2 Unless expressly agreed by the Parties, the Seller's Intellectual Property Rights may not be exploited for any reason whatsoever (in particular, alteration, modification or simple use) by the Customer.
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14. Use of the Website and personal information

14.1 Use of the Website does not confer any rights. All rights used or represented on the Website remain the exclusive property of the Seller and may not be reproduced, distributed, resold, marketed or used for purposes other than personal by users, Customers or not, without the prior written consent of the Seller.
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14.2 The Website is provided as is, accessible according to its availability and without any warranty from the Seller. The use is made at the risk and peril of the User. The Seller does not guarantee that (i) the Site, the content and Products and/or Experiences offered will perfectly meet the expectations of the user, (ii) the Site will be uninterrupted and error-free, (iii) the Site will not contain no viruses.
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14.3 The computerized registers are kept in the Seller's computer systems under reasonable security conditions as proof of communications, orders and payments made by the Customer. Archiving of purchase orders and invoices is carried out on a reliable and durable medium. The Seller implements all means to ensure the confidentiality and security of data transmitted on the web and on the site www.chateau-de-la-perriere.com.

14.4 In application of the Law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the Customer has a right to access, modify, rectify and delete data concerning him at the email address following: contact@chateau-de-la-perriere.com. More specifically, when placing the Order and when the Customer indicates his personal data, he is asked to give his authorization (i) if he wishes to receive information on the Seller's Products and/or Experiences, and (ii) if he accepts that his data be exchanged with the Seller's partners.
14.5 In the absence of the Customer's express agreement by clicking on each of the headings, the Seller undertakes not to make such use of it.
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15. Miscellaneous

15.1 In the event that any of the terms of the General Conditions of Sale are considered illegal or unenforceable by a court decision, the other provisions will remain in force.
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16. Jurisdiction

16.1 These T&Cs, as well as any Contract entered into pursuant to the T&Cs are subject to French law. The contractual information is presented in French and the Products offered for sale comply with French legislation.
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16.2 The courts of the Seller's registered office have sole jurisdiction for any dispute arising from the application of these GCS.