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General condition of sale

The sale of alcohol to minors under the age of 18 is prohibited.

Last updated April 27, 2020

Preamble

This website https://boutique.lesgravesdeviaud.com/ is published by the company SARL Franconseil / LA COLOMBINE, 409 impasse de VIAUD - 33710 PUGNAC - RCS LIBOURNE 

This company is the commercial structure of Chateau Les Graves de Viaud.

E-mail: info@lacolombine.fr / info@lesgravesdeviaud.fr- Tel: +33 6 73 18 28 12.

Article 1: Scope

These General Conditions of Sale apply to all orders placed through the website https://boutique.lesgravesdeviaud.com/ and this regardless of the clauses that may appear on the buyer's documents.

Le service acknowledges having read these General Conditions of Sale and accepting their terms. In a case not dealt with by these General Conditions of Sale, it is the distance selling rules of the place where the company is headquartered which would apply.

Article 2: Orders

SARL FRANCONSEIL undertakes to accept orders placed under the terms of these General Conditions of Sale and within the limit of available stocks.
In case of out of stock, SARL FRANCONSEIL undertakes to communicate the supply times necessary to obtain the desired product or to offer a replacement product. SARL FRANCONSEIL honor each order by making one or more deliveries of the products ordered.

By validating his order, the service declares to have read and accepted these General Conditions of Sale. The preparation and shipment of an order can only be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.

SARL FRANCONSEIL reserves the right to cancel all non-compliant or questionable orders, as well as those resulting from a service with which there would be any dispute.

Article 3 Price

The prices indicated including all taxes are expressed inclusive of all taxes (applicable VAT, excise duties and all other taxes applicable on the day of the conclusion of the order, any change which may be reflected in the price of the products).

In the event of delivery outside mainland France, the prices displayed are inclusive of VAT (VAT included) and are supplemented by excise duties and other taxes of the country of service (and all other taxes applicable on the day of conclusion of the order, any change that may be reflected in the price of the products), as well as administrative management costs for customs formalities.

Product prices may change at any time depending on the pricing policy of SARL FRANCONSEIL. The products ordered are invoiced at the price in effect at the time the order is placed.

Product offers and prices are only valid as long as they are visible on the site and within the limits of available stocks.

The prices displayed are net and excluding shipping costs. Shipping costs may vary depending on the number of products ordered and the country of shipment.

Article 4: Validity of offers

Products and promotional offers are offered within the limits of available stocks.
If one or more products are unavailable after the order has been confirmed, SARL FRANCONSEIL undertakes to inform the service by e-mail as soon as possible. In accordance with the service, SARL FRANCONSEIL may modify the order or refund the product (s) not available by crediting the payment card used when ordering.

Article 5: Delivery

SARL FRANCONSEIL delivers in mainland France. Shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries to any other destination must be subject to a specific quote.
The wines come from our estate and are stored in our cellars or on the logistics platform of the Plugwine brand located in Mâcon.
The delivery time for orders is 7 working days for Metropolitan France after receipt of payment. Saturdays, Sundays and public holidays are included in non-working days, as well as days when road transport is prohibited. These deadlines are indicated in the order confirmation received by e-mail by the service. The order is delivered to the delivery address chosen by the service.
Le service is required to carefully check its packages on delivery in order to immediately issue any reservations to the carrier. The service has a period of 3 days (article L133-3 of the Consumer Code) to come forward and 10 days if he has not been able to check their good condition with the carrier (article L224-65 of the Code of Consumption).

Any error or modification made by the service in a current delivery order and whatever it is, results in an extension of the expected delivery time. Additional costs will be borne by the service

Article 6: Retraction

Regarding an order of products:

In application of the provisions of article L.221-18 of the Consumer Code, the service has a period of fourteen clear days from the delivery of his order to return the item delivered for exchange or refund, at the choice of the service, without penalties, with the exception of return costs.

Le service benefits from a period of two years from the delivery of the good to act from the discovery of the hidden defect.

Notification of the desire to withdraw may be made using the form made available on our site or from our Service service by email or phone (see the Contacts page for contact details)

SARL FRANCONSEIL undertakes to reimburse the service within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The cost of returning the product remains the responsibility of the service.

Returns should be sent to the address:
Château Les Graves de Viaud
On behalf of SARL FRANCONSEIL
409 Impasse de Viaud
33710 PUGNAC

In accordance with Article L.221-5 of the Consumer Code, the Buyer Consumer can find below a standard withdrawal form for an order placed on the Site with a professional seller advertiser:

Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract.)

For the attention of: (Advertiser Seller details)

I / we (*) hereby notify you (*) of my / our (*) cancellation of the contract for the sale of the goods (*) / for the provision of services (*) below:

Ordered on (*) / received on (*):
Name of Client (s):
Address of Client (s):
Signature of Client (s) (only if this form is notified on paper):
Date: (*)

(*) Delete the mention useless.

Regarding an activity reservation:

Pursuant to the provisions of Article L.221-28 12 ° of the Consumer Code, the sale of reservations for wine tourism activities constituting a provision of leisure services to be provided at a determined periodicity, the provisions of the Article L.221-18 of the same code relating to the consumer's right of withdrawal is not applicable to the purchase of Tickets from a distance.

Article 7: Payment

Any order implies a payment defined according to the methods and means specified in the ordering process.

Payments by credit card are made via a secure online payment service.

SARL FRANCONSEIL never have access to bank details of Clients.

A payment order made by credit card cannot be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the service to exercise their right of withdrawal or subsequent cancellation of the order.

Article 8: Retention of title

In accordance with the law of May 1, 1980, products delivered to service are sold under retention of title. The transfer of ownership is subject to the full payment of the price of the products by the Customer, at the deadline agreed between the parties. In the event of non-payment of the total price of the goods by the agreed deadline, SARL FRANCONSEIL may claim ownership of the products at the expense and risk of the Customer.

Article 9: Personal Data

All data provided during your visits to Customers on https://lesgravesdeviaud.plugwine.com/ are strictly confidential. None of the Customer's personal data or contact details will be sold or rented to anyone without their prior consent. Personal customer data will be used by SARL FRANCONSEIL with a view to processing orders and, if necessary, in order to contact them on information exclusively relating to our services: accounting, control and selection of credit card or other payment card, marketing and statistical analyzes, tests, maintenance and development of the system, Customer surveys, Customer relations, improving our future communications, and better identifying Customer needs and preferences. Once registered on https://boutique.lesgravesdeviaud.com/,  service will be able to access the "My Account" page and modify their personal data.

SARL FRANCONSEIL may need to collect, store, use the following data: name, email address, physical contact details, date of birth and sometimes delivery, billing or other information related to the order.

In application of the Data Protection Act of January 6, 1978, the service has the right to access, modify, rectify and delete data concerning him. The service can exercise this right by sending a letter to Customer Service (see the Contact page for contact details)

The automated processing of personal information on the site https://boutique.lesgravesdeviaud.com/ has been declared to the National Commission for Computing and Liberties.

Existence of a list of opposition to canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone number will only be used for proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the foregoing, in accordance with legal provisions, you are informed that you can, if you wish, register on the list of opposition to canvassing. You can register for free on this list which is binding on all professionals except those with whom you have already concluded a contract.

Article 10: Use of cookies

SARL FRANCONSEIL uses the use of cookies, in particular to recognize the Customer when connecting to the site https://boutique.lesgravesdeviaud.com/ as well as for functional and analytical purposes and to improve its services. Cookies are small files stored on the Customer's computer by his browser when he visits a website.

Le service has the option to disable the use of these cookies by selecting the appropriate settings on their computer. However, this deactivation will have the consequence of preventing access to certain features of the site.

Article 11: Guarantees

SARL FRANCONSEIL is bound by the legal guarantee against hidden defects, within the meaning of article 1641 and following of the Civil Code: "The seller is bound by the guarantee for the hidden defects of the thing which make it unfit for the use of which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given a lower price, if he had known them ". As a result, the service has up to 2 months after the delivery date to send a complaint to SARL FRANCONSEIL. Beyond this period, the company SARL FRANCONSEIL can no longer guarantee the products and service must prove that their possible alteration is prior to their receipt.

The products benefit from the legal guarantee of conformity provided for by articles L217-4 et seq. Of the Consumer Code.

It is reminded that the Customer:
- Benefit from a period of two years from the delivery of the property to act;
- Can choose between repair or replacement of the good, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following delivery of the good.

The Customer who wishes to invoke the legal guarantee of conformity must inform SARL FRANCONSEIL. If the reasons for the return are valid, the Products concerned returned to the address mentioned in Article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. The delivery costs as well as the return costs will be reimbursed.

The refund of the returned Product (s) will be made by crediting the bank account linked to the bank card used to pay for the order.

The reimbursement date may be postponed until the date of actual receipt of the Product (s) at the above address.

Article 12: Liability

All texts and photos presented are for information only and are in no way contractual. SARL FRANCONSEIL reserves the right to modify the website, commercial procedures and these General Terms and Conditions. The service is subject to the General Conditions of Sale in force at the time of the order. SARL FRANCONSEIL cannot be held responsible, or considered to have failed in these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of French courts and tribunals.

Article 13: Applicable Law

The language of this contract is French. All the clauses of these General Conditions of Sale, all transactions and purchasing operations carried out from the site https://boutique.lesgravesdeviaud.com/. as well as by mail and telephone are governed by French law and law. Any dispute that has not found an amicable agreement will be the responsibility of the Courts of the registered office of the Company. SARL FRANCONSEIL or the tribunal of the department chosen by the service.

Article 14: Protection of minors

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The service undertakes to be over 18 by placing an order on the site https://boutique.lesgravesdeviaud.com/.

Main applicable texts

Article L217-4 of the Consumer Code

"The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility ".

Article L217-5 of the Consumer Code

"The good conforms to the contract:
1 ° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or its representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted ".

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity lapses two years after delivery of the goods".

Article L221-28 of the Consumer Code

"The right of withdrawal cannot be exercised for contracts (...):
7 ° Supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional (…) ".

Article 1641 of the Civil Code

"The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them ".

Article L3342-1 Public Health Code

"The sale of alcoholic drinks to minors is prohibited. The offer of these drinks free of charge to minors is also prohibited in drinking establishments and all shops or public places. The person who delivers the drink requires from the customer that ' he establishes proof of his majority (…) ".

CONSUMPTION MEDIATION

According to article L.612-1 of the Consumer Code, it is recalled that “every consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute between him and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ”. As such, ALLO MY COACH offers its Consumer Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:

It is recalled that mediation is not compulsory but only offered in order to resolve disputes while avoiding recourse to justice.