(HEREINAFTER "Terms of Sale")
Please read this document carefully beofre placing your order.
THE PRESENT TERMS AND CONDITIONS OF SALE ARE APPLICABLE TO THE SALES OF PRODUCTS SOLD BY CHATEAU DE PONCIE, (SIMPLIFIED JOINT STOCK COMPANY WITH A SINGLE PARTNER, WITH A CAPITAL OF 3 000 000 €, REGISTERED AT THE RCS OF VILLEFRANCHE-TARARE UNDER THE NUMBER 504 521 360, WHOSE REGISTERED HEAD OFFICE IS LOCATED AT CHATEAU DE PONCIE - 69820 FLEURIE (hereinafter referred to as "CHATEAU DE PONCIE")), TO BUYERS HAVING THE QUALITY OF CONSUMER (AS DEFINED HEREIN) THROUGH THE WEBSITE AT THE FOLLOWING ADDRESS : www.chateaudeponcie.fr
THE CHATEAU DE PONCIE WEBSITE IS INTENDED FOR THE SALE OF ALCOHOLIC BEVERAGES (WINES) TO CONSUMERS.
AS THE SALE OF ALCOHOL TO MINORS IS PROHIBITED, YOU HEREBY CONFIRM AND AKNOWLEDGE THAT YOU ARE OVER EIGHTEEN (18) YEARS OLD BEFORE PLACING YOUR ORDER AND ACCEPTING THESE TERMS AND CONDITIONS OF SALE.
YOU, AS A BUYER, ARE ABOUT TO ORDER ONE OR MORE PRODUCTS ON THIS WEBSITE.
THIS DOCUMENT CONSTITUTES AN AGREEMENT BETWEEN A BUYER (YOU) AND CHATEAU DE PONCIE.
THE BUYER ACKNOWLEDGES HAVING READ AND ACCEPTED THESE TERMS AND CONDITIONS OF SALE BY CHECKING THE BOX: "I confirm that I have read and accept unreservedly the general terms and conditions of online sale of Château de Poncié applicable to consumers.”
The purpose of these Terms of Sale is to define the technical, legal and financial conditions in which CHATEAU DE PONCIE undertakes to supply to its customers, having the quality of consumer established in Metropolitan France, the products ordered by them on its Website against payment of the price mentioned on said Website.
Thus, the present Terms of Sale, which exclusively regulate the online sale of the products of CHATEAU DE PONCIE to consumers, constitute with the online order, the contractual documents of the parties, to the exclusion of all other documents, brochures, catalogs or photographs of the products, which have only an indicative value.
The present Terms of Sale apply exclusively to the sale of products. The services proposed by CHATEAU DE PONCIE are subject to other conditions specific to these services.
Buyers who are not consumers (professionals) cannot subscribe to the present Terms of Sale which do not apply to them.
Buyer: any natural person who, for purely personal reasons, purchases one or more of the Products offered on the CHATEAU DE PONCIE Website and who benefits from the quality of consumer and from the protection afforded by the provisions of the French Consumer Code, provided that said person is acting for purposes which do not fall within the scope of their commercial, industrial, craft, independent or agricultural activity.
Order: all Products proposed online by CHATEAU DE PONCIE that the Buyer wishes to order on the Website.
Order confirmation: acknowledgement of receipt sent by email from CHATEAU DE PONCIE to the Buyer summarizing the items of the Order and informing the Buyer of the essential information relating to the Order, including the modalities of exercising his/her right of withdrawal.
Shopping cart: Products selected by the Buyer for the Order.
Party or Parties: CHATEAU DE PONCIE and Buyer, individually referred to as Party and collectively referred to as Parties.
Products: alcoholic beverages (wines) proposed for sale by CHATEAU DE PONCIE in accordance with the characteristics indicated on the Website.
Services: CHATEAU DE PONCIE may offer services such as guided tours of the Estate or wine tastings. These services are not subject to the present Terms of Sale. The user who wishes to order a service is invited to send a reservation request to CHATEAU DE PONCIE that will contact them back as soon as possible.
Website: the CHATEAU DE PONCIE Website accessible through the following URL: www.chateaudeponcie.fr
Territory: CHATEAU DE PONCIE's online Products are intended for Buyers residing in Metropolitan France (including Corsica). No delivery will be made outside this area.
3. AVAILABILITY, ENFORCEABILITY, ACCEPTANCE AND MODIFICATION OF TERMS OF SALE
The present Terms of Sale, available online on the Website, are at the disposal of the Buyer.
Before placing an Order, the Buyer declares that he/she has read, understood and unreservedly accepts these Terms of Sale by ticking the box provided for this purpose.
Confirmation of the Order by the Buyer shall be deemed to constitute acceptance by the Buyer of the Terms of Sale in force at the time of the Order, the storage and reproduction of which shall be the responsibility of CHATEAU DE PONCIE.
The Buyer is advised to record and/or print them. CHATEAU DE PONCIE may also communicate them to any person requesting them in their paper version in force at the time of the request.
CHATEAU DE PONCIE reserves the right to modify the present Terms of Sale at any time.
As often as possible, CHATEAU DE PONCIE will communicate these modifications by means of an announcement on its Website. CHATEAU DE PONCIE recommends that Buyers regularly consult the Terms of Sale appearing on the Website in order to take note of any modifications, and in any case before any new Order. Unless expressly stated to the contrary, the Terms of Sale in force at the time of the Order represent, with the online Order, the entirety of the obligations applicable between CHATEAU DE PONCIE and the Buyer, cancelling and replacing all interactions that may have taken place between the Parties before the Order.
Any deviation from the present Terms of Sale can only be opposable to CHATEAU DE PONCIE if it has been duly accepted and formalized by a written document signed by the latter.
- 4.1 Specifications
In accordance with article L. 111-1 of the Consumer Code, the Products offered for sale in the catalog published on the Website are each the subject of a description stating their essential features.
- 4.2 Conformity
The Products comply with applicable personal safety, health, fair trade and consumer protection regulations at the time they are placed on the market.
- 4.3 Availability
Product offers are valid as long as they are online and within the limits of available stock.
If the ordered Product is not available, CHATEAU DE PONCIE will inform the Buyer by e-mail at the earliest opportunity.
The Buyer will have the possibility to cancel their Order and to ask for its reimbursement at the latest within thirty (30) days as from the confirmation of the Order. In the absence of an answer from the Buyer, the amount will be refunded by CHATEAU DE PONCIE.
In addition, the Buyer may agree with CHATEAU DE PONCIE on a new delivery date.
5. MINIMUM QUANTITY
A minimum quantity of Products is required for any Order of bottles in classic format (0.75 liters), set at six (6) bottles or equivalent in quantity.
Magnum bottles (1.5 liters) and Jeroboam bottles (3 liters) are sold individually. Mixing between formats is possible.
CHATEAU DE PONCIE cannot accept any Order below the minimum quantity required by this clause.
Depending on the number of bottles, CHATEAU DE PONCIE will also propose special packaging. For more information on this subject, the customer is invited to contact CHATEAU DE PONCIE directly using the contact details provided in the "Customer Service" section.
In accordance with the provisions of article 1127-2 of the French Civil Code, the Order is only valid if the recipient of the Order has had the opportunity to check the details and the total price, as well as to correct any errors, before confirming the Order and thereby signifying his/her final acceptance.
- 6.1 Placing an order
The Buyer who wishes to place an online Order through this Website must follow the procedure set forth below:
- Selection of the product(s): the Buyer selects the Product(s) they wish to order by means of the corresponding labels and adds it (them) to their Shopping Cart. A temporary Shopping Cart will then be proposed as the Order proceeds.
- Shopping Cart: Once all the Products have been selected, the Buyer checks the contents and the price of the Shopping Cart that is proposed to them.
The Buyer must then certify that they are of legal age in order to place their Order by ticking the appropriate box stating: "I certify that I am 18 years of age or older on the date of my order".
Once the Buyer has checked their Shopping Cart and confirmed that they are of legal age, they can validate their Shopping Cart by clicking on the "Confirm my order" button.
- Identification: In order to proceed with the Order, the Buyer must:
- create a customer account on the Website and fill in the identification form provided, on which they must supply the information requested, in particular their surname, first name, contact details and the billing and shipping address, if different,
- log in with their username and password if they already have a customer account,
- place an order without creating a customer account and to do so, fill out an identification form which includes their email address, title, name, surname, address and telephone number.
The Buyer then selects the delivery and payment methods and clicks the "Proceed to payment" tab.
- Order confirmation and payment method:
The Buyer provides the information required to process their payment and confirms their Order by clicking on " Confirm my order and pay ", provided that they have read and accepted the Terms of Sale applicable to the Order by ticking the appropriate box.
Until this final confirmation, the Buyer has the possibility to go back to the previous pages and to correct and/or modify their Order and/or the information previously provided.
- 6.2 Order confirmation
The Order placed by the Buyer is confirmed only after the latter has received an order confirmation e-mailed to him/her as soon as possible by CHATEAU DE PONCIE, summarizing the content of the Order, and in particular:
- the reference, the description and the quantities ordered,
- the unit price including VAT per item,
- the amount of shipping costs,
- the VAT amount,
- the total amount of the transaction,
- the billing and shipping addresses (if different),
- the estimated delivery date.
This Order Confirmation formalizes the sales contract between CHATEAU DE PONCIE and the Buyer.
It has the effect of confirming the availability of all or part of the aforementioned Order in terms of stock and includes the activation of the payment.
By saving and/or printing this e-mail, the Buyer is in possession of the proof of their Order from CHATEAU DE PONCIE.
CHATEAU DE PONCIE will not accept any changes to the Order once it has been confirmed.
CHATEAU DE PONCIE reminds you that, in accordance with the provisions of the French Public Health Code relating to the protection of minors (and in particular article L. 3342-1 of the Public Health Code), "the sale of alcoholic beverages to minors is prohibited. It is also forbidden to offer these drinks free of charge to minors in bars and in any shop or public place. The person serving the drink must ask the customer to provide proof of age".
In any case, alcohol abuse is dangerous for your health. Alcohol consumption should be done in moderation.
For this reason, CHATEAU DE PONCIE reserves the right to verify the age of the Buyer prior to any Order confirmation.
CHATEAU DE PONCIE may refuse, cancel or limit an Order in the following cases:
- the Buyer is not old enough to consume the Products ordered;
- the quantities of Products ordered are not in accordance with those authorized for an Order placed by a consumer;
- the Buyer's behavior is inappropriate, and the Order is placed in bad faith;
- there is a dispute with the Buyer concerning the payment of a previous Order;
Such refusals would indeed meet a "legitimate reason" within the meaning of the provisions of article L. 121-11 of the French Consumer Code.
The Buyer will be able to follow the progress of their Order on the Website. He will also receive by e-mail :
- a notification that their Order is being processed,
- an order shipment notification in which CHATEAU DE PONCIE will indicate the actual shipment date of the Order.
The Products shall be supplied against payment of the price indicated on the Website.
Prices are expressed in euros, including all taxes and excluding delivery and transport costs, which are indicated and invoiced prior to Order confirmation (in accordance with article L. 112-1 of the French Consumer Code).
The total amount to be paid by the Buyer is indicated on the "Shopping Cart summary" page and on the Order Confirmation.
The prices take into account possible discounts that would be granted by CHATEAU DE PONCIE on the Website.
The rates applicable to the Buyer are those in force when the latter confirms the Order. The delivery costs indicated are invoiced in addition.
8. PAYMENT METHODS
Payment shall be made in full.
For online Orders, the Buyer can pay by:
- credit card (CB, VISA and MASTERCARD);
- bank transfer to the bank account specified after Order confirmation;
- bank check in euro to the order of CHATEAU DE PONCIE and sent by mail to : CHATEAU DE PONCIE - 69820 FLEURIE FRANCE.
CHATEAU DE PONCIE uses the services of an intermediary banking professional that will only have access, by means of a protected system, to banking data exclusively necessary to process the Buyer's payments.
The card will be charged at the time of the Order.
The Buyer agrees to receive invoices electronically at the e-mail address provided when placing the Order or creating a customer account.
- 9.1. Delivery terms
Delivery means the transfer to the Buyer of physical possession or control of the Product(s) ordered on the Website.
The Products ordered on the Website will be delivered to the address indicated by the Buyer as the delivery address, provided that it is located in the Territory defined in these Terms of Sale . The Buyer may also choose to collect their Order directly from CHATEAU DE PONCIE.
The Products ordered will be delivered by external providers specialized in transport. The cost of delivery shall be borne by the Buyer.
- 9.2. Delivery time
Before placing their Order, Buyers are informed of the delivery time applicable to their Order at the "Shopping Cart summary" stage. This delivery time is confirmed in the Order Confirmation, which is then sent to the Buyer.
The starting point of the delivery time is the receipt of the Order Confirmation by the Buyer. Exceptionally, in the case of payment by check or bank transfer, the Order will be processed by CHATEAU DE PONCIE upon receipt of payment. In this case, the applicable delivery times are those indicated on the date of receipt of payment and may therefore be different from those indicated on the Order confirmation date.
In any event, the maximum delivery time is thirty (30) days from the conclusion of the sales contract, i.e., from the Order Confirmation. CHATEAU DE PONCIE commits itself to make its best efforts to deliver the Products ordered by the Buyer within the time limit indicated.
However, if the ordered Products have not been delivered on the scheduled date or within thirty (30) days after Order Confirmation, the Buyer, after having made a formal request to CHATEAU DE PONCIE to carry out the delivery of the Products within a reasonable additional period, will be able to terminate the contract, except in the event of force majeure or of the Buyer's fault.
To do this, the Buyer will have to inform CHATEAU DE PONCIE of their decision by letter or by any other writing on another durable medium.
The contract is regarded as terminated with the reception by CHATEAU DE PONCIE of the aforementioned letter or the writing informing it of this resolution unless it was carried out in the meantime.
The sums paid by the Buyer will then be refunded at the latest within fourteen (14) days following the date of the termination of the contract.
If the initial delivery time is indicated by the Buyer as imperative and known to CHATEAU DE PONCIE as an essential element before the conclusion of the contract, the Buyer may decide to immediately terminate the contract in the event of non-compliance with the time agreed upon.
- 9.3. Complaints
The Buyer must check the quality and quantity of the Products delivered at the time of delivery and make any complaints on the delivery note or the transport receipt.
If the Products are damaged, the Buyer must refuse the package and make a clear and precise complaint about the nature and extent of the damage.
Indeed, imprecise complaints are likely to give rise to disputes and the mentions "subject to control" or "subject to unpacking" do not then have any legal force.
Any complaint or claim of the Buyer must be immediately communicated to CHATEAU DE PONCIE for the treatment of the aforementioned complaints or claims.
Upon receipt of this information, CHATEAU DE PONCIE undertakes to send the Buyer an identical package as soon as possible. In no case, the Buyer will be able to ask for the reimbursement of the product and the delivery costs.
In all cases, the provisions of the section on the legal warranty of conformity will apply.
- 10.1 Right of withdrawal
The Buyer has a right of withdrawal without giving any reason within fourteen (14) clear days, starting from the day after the Buyer, or a third party other than the carrier, has taken physical possession of the Product(s).
If the Order is for several Products delivered separately or for a Product made up of multiple batches whose delivery is staggered, the withdrawal period begins on the day of receipt of the last Product or batch.
The Buyer shall exercise their right of withdrawal by means of a written and unequivocal declaration or by returning to CHATEAU DE PONCIE the withdrawal form (available in Appendix 1 of these Terms of Sale):
- by post in the form of a registered letter to the following address:
CHATEAU DE PONCIE
- Or by e-mail at the following address: email@example.com. If the Buyer uses this option, CHATEAU DE PONCIE will send him/her an acknowledgement of receipt by e-mail confirming that the request for withdrawal has been taken into account.
The withdrawal period shall be deemed to have been complied with if the Buyer has notified the withdrawal before the end of the withdrawal period.
The right of withdrawal also applies if the Product is sold out or out of stock.
- 10.2 Effects of withdrawal
In the event of withdrawal, CHATEAU DE PONCIE will refund to the Buyer all sums paid by the Buyer (with the exception of the extra costs resulting from the Buyer's choice, if any, of a delivery method other than the cheapest standard delivery method proposed by CHATEAU DE PONCIE) without undue delay, after CHATEAU DE PONCIE has received the Products in question, and at the latest within fourteen (14) days after CHATEAU DE PONCIE has been notified of the Buyer's decision to withdraw.
The Buyer shall bear the cost of returning the Products for which he/she exercises his/her right of withdrawal.
In the event that the Buyer, due to the unavailability of the Product(s) of his/her choice :
- has agreed to be delivered equivalent Product(s),
- uses his/her right of withdrawal concerning said Product(s),
the cost of returning the Products, following the exercise of the right of withdrawal, will be borne by CHATEAU DE PONCIE.
The Buyer must return the Products to CHATEAU DE PONCIE without undue delay, and in any case within fourteen (14) days of the communication of his decision to withdraw, at the following address:
CHATEAU DE PONCIÉ
It is reminded that the Buyer may be held responsible for any deterioration of the Product(s) resulting from handling other than that necessary to determine the nature, characteristics and conformity of the Products to his/her expectations.
The Products returned by the Buyer must be intact, unopened and in perfect condition.
If the aforementioned conditions are met, CHATEAU DE PONCIE will, upon receipt of the Product(s), refund the Buyer by crediting the same means of payment used by the Buyer for the initial transaction, unless the Parties expressly agree on another means; in any case, this refund will not involve any expenses for the Buyer.
Please note: as long as the Products are in the possession of the Buyer, the Buyer is responsible for their proper safekeeping.
- 10.3 Exceptions to the right of withdrawal
In accordance with article L. 221-28 of the French Consumer Code, any right of withdrawal is notably excluded for:
- Products made to the Buyer's specifications or clearly personalized;
- Alcoholic beverages whose delivery is delayed beyond thirty (30) days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of CHATEAU DE PONCIE.
11. LEGAL WARRANTIES OF CONFORMITY AND AGAINST HIDDEN DEFECTS
The warranties given by CHATEAU DE PONCIE for the Products ordered on its Website are limited to the following guarantees:
- The warranty of conformity of the delivered Products to the characteristics of the ordered Products (in accordance with articles L. 217-3 et seq. of the French Consumer Code),
- the warranty against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
These provisions are reproduced in Appendix 2 of these Terms of Sale.
The consumer has a period of two years from the delivery of the item to obtain the implementation of the legal warranty of conformity in case of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
Where the contract of sale of the item provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service and not the date of its appearance.
The legal warranty of conformity entails the obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the item.
The legal warranty of conformity gives the consumer the right to repair or replace the item within thirty days of their request, free of charge and without major inconvenience to them.
If the item is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer asks for the item to be repaired, but the seller imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of the replacement of the item.
The consumer may obtain a reduction in the purchase price by keeping the item or terminate the contract by obtaining a full refund against return of the item, if:
1° The professional refuses to repair or replace the item;
2° The repair or replacement of the item takes place after a period of thirty days;
3° The repair or replacement of the item causes a major inconvenience to the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming item, or if he/she bears the cost of installing the repaired or replaced item;
4° The non-conformity of the item persists despite the seller's unsuccessful attempt to bring it into conformity.
The consumer shall also be entitled to a reduction in the price of the item or to terminate the contract if the lack of conformity is so serious that it justifies immediate reduction in the price or termination of the contract. The consumer is then not obliged to first request that the item be repaired or replaced.
The consumer does not have the right to terminate the contract if the lack of conformity is minor.
Any period of immobilization of the item for the purpose of its repair or replacement shall suspend the warranty remaining until the delivery of the repaired item.
The aforementioned rights result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the implementation of the legal warranty of conformity is liable to a civil fine of up to 300,000 euros, which can be increased to 10% of the average annual turnover (article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal warranty against hidden defects, in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.
CHATEAU DE PONCIE thus reminds the Buyer that within the framework of the legal warranty of conformity:
- he/she has a period of two (2) years from the delivery of the Product to act;
- The Buyer may choose between the repair or the replacement of the Product, subject to the cost conditions provided for in article L. 217-12 of the French Consumer Code; taking into account the specific nature of the Products sold by CHATEAU DE PONCIE, CHATEAU DE PONCIE offers the Buyer the possibility of replacing the Product considered defective, if possible.
- In case of impossibility of Product replacement, the Buyer has the right to price reduction or contract termination.
- he/she is exempt from providing proof of the existence of the lack of conformity of the item for a period of twenty-four (24) months as from the delivery of the Product.
In addition, the Buyer has the right to suspend payment of all or part of the price until CHATEAU DE PONCIE has fulfilled its obligations under this paragraph, under the conditions of articles 1219 and 1220 of the Civil Code.
The Buyer may also decide to exercise the warranty against hidden defects of the sold item, as defined in article 1641 of the Civil Code:
- that is unsuitable for its intended use,
- or which so diminish such use that the Buyer would not have acquired it,
- or would have paid a lower price for it had he/she known, under the conditions provided for in articles 1641 et seq. of the Civil Code.
Any claim must be made within two (2) years from the discovery of the defect. In this case, the Buyer may choose either to cancel the sale (i.e., return the Product and receive a refund) or to receive a discount on the purchase price in accordance with article 1644 of the Civil Code.
In the event that a non-conformity or a defect affecting a Product is observed within the aforementioned time limits, the Buyer may contact CHATEAU DE PONCIE's customer service using the contact information appearing in the "Customer Service" section below, which will confirm the procedure to be followed.
The Buyer will be invited to return the items by post, at the expense of CHATEAU DE PONCIE, in a package that permits transport under good conditions, to the following address:
CHATEAU DE PONCIE - Service CLIENT
In the event that the non-conformity or the hidden defect is verified, CHATEAU DE PONCIE will, to the extent feasible, replace the Products that are not in conformity or that have been found to be defective, or will refund to the Buyer the amount of the Products in question and, where applicable, the return costs paid by the Buyer.
Refunds will be made within fourteen (14) days of receipt of the Product or proof of return by the Buyer.
12. TITLE RETENTION CLAUSE
CHATEAU DE PONCIE remains the owner of the sold Products until the effective payment of the total price.
If payment is not made, CHATEAU DE PONCIE may repossess the Products.
The Product delivered to the Buyer by a carrier chosen by CHATEAU DE PONCIE is transported at the risk of CHATEAU DE PONCIE. The risk of loss or damage to the Products shall pass to the Buyer when the Buyer, directly or through a third party other than the carrier, has taken physical possession of the Products.
13. ONLINE ORDERING SERVICE
CHATEAU DE PONCIE will do its utmost to ensure that the online ordering service is available. In this respect, it is bound by a duty of due care.
However, CHATEAU DE PONCIE is not able to guarantee the Buyer a continuous and permanent availability of the online ordering service.
CHATEAU DE PONCIE reserves the right to suspend the availability of the online ordering service for any maintenance and/or technical operation required.
These interruptions do not entitle the Buyer to claim any compensation.
CHATEAU DE PONCIE declines all responsibility in the event of interruption and/or malfunctioning of the service due to (i) the Buyer's breach or failure to comply with any of its obligations under the terms of the present Terms of Sale, as well as with the information provided by CHATEAU DE PONCIE, (ii) the malfunctioning or improper use of the means of access to the service used by the Buyer and/or the improper use of the service by the Buyer, (iii) events of force majeure, (iv) events dependent on a third party, such as the interruption or malfunctioning of the services of the telecommunications providers and/or the electrical lines.
The online sale of its Products by CHATEAU DE PONCIE does not involve, for the benefit of the Buyer, any transfer or concession of intellectual property rights associated with the aforementioned Products, such as trademarks, logos, drawings, models, patents, documentation, components, visual or other elements associated with the Products sold.
Failure to comply, in whole or in part, with these provisions shall render the offending Party and all those responsible liable to the criminal and civil penalties provided for by law, including those for counterfeiting.
15. LIMITATION OF LIABILITY
The Parties undertake to take all necessary measures to limit the losses/damages suffered or likely to be suffered by the Buyer.
The responsibility of CHATEAU DE PONCIE is not engaged in case of non-performance or poor performance of the contract caused by the Buyer or by any case of force majeure.
16. CUSTOMER SERVICE
For any information request or complaint, a customer service is available to the Buyer by phone Monday through Friday, excluding holidays, from 10.00am to 12.30pm and from 2.00pm to 5.30pm, at the following number: 04 74 69 83 33.
The Buyer may also contact CHATEAU DE PONCIE by e-mail at the following address: firstname.lastname@example.org, indicating their order number.
17. PERSONAL INFORMATION
18. AGREEMENT ON EVIDENCE
The Parties agree that the documents they exchange (including in electronic form) shall be considered as original documents valid as evidence between them.
By mutual agreement, the Parties agree that future exchanges related to the execution of these Terms of Sale may be carried out by electronic mail, in particular by e-mail with acknowledgement of receipt.
The Parties agree that they will back-up in the most appropriate and secure manner all messages transmitted relating to the subject matter of these Terms of Sale.
The Parties shall be personally responsible for the archiving of documents issued and received, in particular for their own tax and accounting purposes.
19. FORCE MAJEURE
The liability of either Party for delay, non-performance or any other breach of its obligations under the Order and/or the warranty may be waived where such failure is the result of force majeure, or an unforeseen event qualified as such on a case-by-case basis.
The following may be considered as unforeseeable circumstances or cases of force majeure, in addition to those normally recognized by the jurisprudence of the French courts and tribunals: The Covid-19 pandemic, total or partial strikes, internal or external to the company, lockouts, bad weather, the obstruction of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer breakdowns, blockage of telecommunications including the telephone network wire, mobile (GSM, GPRS, 3G, 4G...) or any other case, independent of the express will of the Parties, preventing the execution of the present in normal and/or reasonable conditions.
Initially, the unforeseen event or force majeure will suspend the execution of the present contract.
In the event that the unforeseen event or force majeure continues for more than three (3) months, unless otherwise agreed by the Parties, these Terms of Sale shall be terminated by operation of law, without the need for a judicial decision and without prior notice or notification.
In this case, the Parties shall not be liable for the partial or total non-performance of their obligations under these Terms of Sale.
20. GENERAL CONDITIONS
- 20.1. Tolerance
Any tolerance or waiver of their right by one or the other Party regarding the application of all or part of the obligations provided for in the present Terms of Sale, whatever the frequency or duration, shall not constitute a modification of the present Terms of Sale, nor shall it generate for the future in favor of the other Party any right acquired or of any other nature.
- 20.2. Severability
Invalidity due to the nullity, expiration, lack of binding force or unenforceability of any of the provisions of these Terms of Sale pronounced in application of a law, a regulation or a final decision rendered by a competent court, shall in no way entail nullity, expiration, lack of binding force or unenforceability of the other provisions of the said Terms of Sale, and shall have no effect on the other contractual provisions, which shall retain all their effects, force and scope with respect to all Parties.
In this case, the Parties may come together and by mutual agreement, agree to replace or modify the invalidated provision(s).
- 20.3. Sincerity
The Parties declare the sincerity of the commitments they have made under the Terms of Sale which they undertake to perform in good faith.
In this respect, they declare that they do not have any information which, if communicated to the other Party before the signature of these Terms of Sale, would have, to their knowledge, modified the other Party's consent.
21. APPLICABLE LAW - LANGUAGE - STATUTE
By express agreement between the Parties, these Terms of Sale are governed by and subject to French law.
The present Terms of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be considered legally binding in the event of a dispute.
22. CLAIMS - CONSUMER OMBUDSMAN
In the event of a question or complaint concerning the Products, the Buyer must first contact CHATEAU DE PONCIE in order to seek and find an amicable solution.
In the event of failure of the request for complaint to CHATEAU DE PONCIE or in the absence of a reply from the latter within two (2) months as from the sending of the complaint by the Buyer, the latter is informed that he can resort, free of charge, to a traditional mediation with a view to the friendly settlement of the dispute that he may have against CHATEAU DE PONCIE, in accordance with articles. L. 612-1 of the French Consumer Code.
The contact details of the consumer ombudsman to which CHATEAU DE PONCIE adheres are as follows:
Médiateur de la consommation FEVAD
BP 20015 – 75362 PARIS CEDEX 8 –
The Buyer must initiate the request to the consumer ombudsman within one (1) year from the date of his or her written complaint to CHATEAU DE PONCIE.
The Parties are free to accept or reject the mediation and, in the event of mediation, to accept or reject the solution proposed by the ombudsman.
In addition, the European Commission has set up a dispute resolution platform to collect complaints from consumers after an online purchase and forward them to the relevant national ombudsmen. This platform can be accessed at https://webgate.ec.europa.eu/odr.
23. COURT OF JURISDICTION - DISPUTE RESOLUTION
ALL DISPUTES THAT COULD ARISE FROM THE PURCHASE AND SALE TRANSACTIONS CONCLUDED IN APPLICATION OF THE PRESENT GENERAL TERMS AND CONDITIONS OF SALE, AS FAR AS THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR CANCELLATION, THEIR CONSEQUENCES AND THEIR CONTINUATION ARE CONCERNED, AND WHICH COULD NOT HAVE BEEN RESOLVED BETWEEN CHATEAU DE PONCIE AND THE BUYER, WILL BE SUBMITTED TO THE FRENCH COURTS UNDER THE CONDITIONS OF THE COMMON LAW.