Gerenal sales conditions
The general sales conditions described below detail the rights and obligations of the company Bellegrave du Poujeau (hereafter “Château Bellegrave du Poujeau”) and its customers in the context of the sale of wines to consumers on www.bellegrave-du-poujeau.com
They apply, without restriction or reservation, to all sales concluded by Château Bellegrave du Poujeau with customers on the site. In particular, they specify the conditions of ordering, payment, delivery and management of any returns of Products ordered by customers. The main characteristics of the wines are presented on the website.
The customer is obliged to read these terms and conditions of sale before placing an order. The choice and purchase of a wine is the sole responsibility of the customer.
The photographs and graphics presented on the site are not contractual and Château Bellegrave du Poujeau cannot be held responsible for them. The customer must refer to the description of each product in order to know its properties and essential characteristics.
Product offers are subject to availability, as specified when the order is placed.
These G.S.C. apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.
The customer declares that he/she has read and accepted these terms and conditions of sale by checking the appropriate box before proceeding with the online ordering procedure.
Validation of the order by the customer at the end of the online ordering process confirms the customer’s acceptance, without restriction or reservation, of the present G.S.C.
ARTICLE 1 – LEGAL INFORMATION :
ARTICLE 2 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions apply to the sale of products on the “Site” and are accessible from all pages of the site via the link “General Terms and Conditions of Sale” (hereinafter referred to as the “G.S.C.”). The Customer declares that he/she has read the G.S.C. at the time of validating his/her order. Acceptance of these G.S.C. implies the Customer’s full and unreserved acceptance of all their clauses.
The Customer further acknowledges that the G.S.C. are made available to him in such a way as to enable them to be preserved and reproduced, in accordance with article 1369-4 of the French Civil Code. These G.S.C. apply to the exclusion of all other conditions of sale.
Château Bellegrave du Poujeau reserves the right to modify all or part of these terms and conditions at any time. In the event of modification, the G.S.C in force on the day of the order will be applied to each order.
ARTICLE 3 – CHARACTERISTICS OF THE WINES OFFERED
The wines offered to the Customer are those which appear in the catalog published on the Site, within the limit of available stocks, and subject to the proper functioning of the Site. Each wine is presented in a description drawn up by Château Bellegrave du Poujeau. The descriptions are intended to present to the customer the essential characteristics of the wines before the final order is taken, and can in no way engage the responsibility of Château Bellegrave du Poujeau. The photographs illustrating the Site are provided for information only, and are not contractual. Sales are made by case of 6 bottles for the 75 cl format (a mix of vintages is possible among the 75 cl bottles) as well as for the 150 cl format (a mix of vintages is also possible among the 150 cl bottles).
ARTICLE 4 – ORDERING & CONFIRMATION
4.1 Order registration
When ordering for the first time, the Customer must create an account using a form available in the Site section: “Login” then “Create my account”. The Customer enters his/her title, first name, surname, e-mail address, password, address and telephone number.
The Customer must choose a password which will be strictly personal to him and which he will have to enter at the time of each order. The customer undertakes not to communicate this password to third parties. Failure to do so will result in the customer bearing all the consequences of such disclosure, and the customer acknowledges that Château Bellegrave du Poujeau cannot be held liable in this respect.
To place an order, the Customer undertakes to fill in the order details accurately and precisely. To this end, he/she undertakes to fully complete the various sections necessary for the proper processing of his/her order, namely :
- a) Choice of article(s) and quality fo each (in multiples of 6 collars)
- b) Choice of billing address
- c) Choice of precise delivery address with contact details of the person who will receive it
- d) Choice of payment method
- e) Verification and validation of order and G.S.C.
- f) Payment of the order as agreed.
All the wines selected on the Château Bellegrave du Poujeau site, together with the information given above, are summarized before the customer is invited to confirm his order by clicking on the “SET MY ORDER” button.
4.2 Order confirmation by Château Bellegrave du Poujeau
Château Bellegrave du Poujeau confirms receipt of the order by sending an e-mail to the customer. All prices mentioned on this e-mail include VAT and any other taxes or contributions that may be imposed by law.
Château Bellegrave du Poujeau reserves the right not to accept an order for a legitimate reason (supply difficulties linked to an event of force majeure, abnormality of the quantities ordered in relation to the current needs of a consumer, false personal information, etc.).
If the order cannot be accepted, Château Bellegrave du Poujeau will inform the customer by e-mail.
4.3. Modification of the order
Orders cannot be modified once they have been confirmed.
ARTICLE 5 – PRICES
Goods are supplied and invoiced according to the price list in force on the day the order is accepted. Château Bellegrave du Poujeau reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the price list in force at the time the order is validated and subject to availability. Prices are indicated in Euros and include VAT, but exclude delivery charges, customs duties and other taxes. At the time of final calculation of the basket, the amount in Euros before tax (€HT) and the amount of VAT are displayed. Customer invoices are available on request. To obtain your invoice, please use the contact form. They may be kept and reproduced by the customer.
ARTICLE 6 – DELIVERY CONDITIONS
Deliveries are made according to availability and on a first-come, first-served basis, only in Metropolitan France, excluding Corsica and the French Overseas Departments and Territories. Château Bellegrave du Poujeau undertakes to deliver to the Customer within a maximum period of thirty (30) days. If this period is exceeded, the Customer may cancel the order and obtain a refund of all sums paid. An order tracking module is available in the Customer Area if the Customer has created an account at the time of purchase, or via the order tracking page if the Customer has not created an account.
ARTICLE 7 – PAYMENT
The price of the items ordered is payable in full to “Château Bellegrave du Poujeau”, as soon as the order form is issued on the site. Payment is made by credit card (CB, VISA or MASTERCARD) via the STRIPE secure online payment interface. Card numbers, expiry dates and cryptograms are transmitted to the STRIPE remote payment server using current encryption algorithms (SSL).
ARTICLE 8 – RESERVATION OF OWNERSHIP CLAUSE
By express agreement, Château Bellegrave du Poujeau reserves ownership of the goods supplied until full payment has been received, in accordance with the terms of law n°80 336 of May 1st 1980, relating to the retention of ownership.
ARTICLE 9 – TRANSPORT AND LIABILITY
It is the Customer’s responsibility to carefully check the contents of the package at the time of delivery, and to express any reservations to the carrier at the time of delivery in the event of damage or shortages. The customer must clearly indicate the nature of the reservations and may, if necessary, refuse delivery. The customer must inform Château Bellegrave du Poujeau within three (3) days by e-mail. The absence of reservations at the time of delivery will prevent any subsequent claim.
ARTICLE 10 – WITHDRAWAL PERIOD – REFUND
The Customer may return the product, in good condition and in its original packaging, and complete to enable it to be remarketed as new, accompanied by the purchase invoice, within fourteen (14) days of delivery. In this case, the customer is liable. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal. Damaged, soiled or incomplete products cannot be returned. Returns are made by registered parcel post directly to the supplier’s address on the delivery note. Shipping costs are at the customer’s expense.
If the right of withdrawal is exercised, Château Bellegrave du Poujeau will reimburse the customer for all sums paid, as soon as possible and no later than fourteen (14) days following the date of receipt of the products returned by the customer under the conditions set out in this article.
ARTICLE 11 – CONFIDENTIALITY
Personal data (surname, first name, address, e-mail, etc.) concerning the customer are collected at the time of the order and processed by Château Bellegrave du Poujeau. This processing is subject to a declaration to the Commission Nationale Informatique et Libertés (C.N.I.L.) in application of law n°78-17 of 6 January 1978.
Château Bellegrave du Poujeau guarantees the protection and confidentiality of this information and undertakes never to communicate all or part of this information. He undertakes not to use this data for purposes other than the operation of the Site.
In accordance with the Data Protection Act of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right of access, opposition and rectification of his personal data. This data is accessible and modifiable via the Customer Area. If the Customer wishes that personal data concerning him or her be erased, he or she can request this from our customer service by sending a letter to Château Bellegrave du Poujeau, 433 Chemin Duthil 33290 Le Pian-Médoc. No information regarding payment (credit card number) is kept by Château Bellegrave du Poujeau.
ARTICLE 12 – DISPUTES
These General Conditions of Sale are subject to the application of French law. In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the Customer Relations Department).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the Consumer Client within the meaning of Article L.133-4 of the Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of Article L.615-1 of the Consumer Code, namely: The Mediation Company Professional 24 rue Albert de Mun – 33000 Bordeaux (www.mediateur-consommation-smp.fr ))
Failing this, all conflicts arising from the execution of an order or the interpretation of these conditions and more generally from agreements of any nature concluded between the parties will fall under the jurisdiction of the Bordeaux Judicial Court. Furthermore, Château Bellegrave du Poujeau cannot be held responsible for damage resulting from improper use of the product purchased. The Château Bellegrave du Poujeau guarantee is, in any case, limited to the replacement or reimbursement of non-compliant or defective products.
ARTICLE 13 – PROTECTION OF MINORS & HEALTH WARNING
In accordance with article L. 3342-1 of the Public Health Code which stipulates that the sale of alcohol to minors is prohibited, the Customer undertakes, by validating the order, to be eighteen (18) years old on the date of the order.
Alcohol abuse is dangerous for your health, know how to consume in moderation.
ARTICLE 14 – INTELLECTUAL PROPERTY
All elements published within the Site, such as sounds, images, photographs, videos, writings, animations, programs, graphic charter, utilities, databases, software, are protected by the provisions of the Intellectual Property Code and belong to the company Bellegrave du Poujeau. The Customer undertakes not to infringe the intellectual property rights relating to these elements and in particular to reproduce, represent, modify, adapt, translate, extract and/or reuse a qualitatively or quantitatively substantial part of them, excluding the acts necessary for their normal and compliant use.
ARTICLE 15 – INDEPENDENCE OF CLAUSES
If one of these general conditions should be declared inapplicable or is invalidated for any reason, this invalidity will not affect the application or validity of the other provisions of the general conditions, the one invalidated or deemed inapplicable being then replaced by the closest possible provision.
ARTICLE 16 – FORCE MAJEURE
Château Bellegrave du Poujeau cannot be held responsible for any non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions which may be due to a case of force majeure.
As such, force majeure means any external, unpredictable and irresistible event within the meaning of article 1148 of the civil code. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.
