General conditions of sale – Château de la Dauphine








General conditions of sale


Article 1: General Principles

These general conditions of sale (hereafter the "GCS") constitute the rules to which the SAS Château de La Dauphine, referred to hereafter as the "Château de La Dauphine", makes the sales of its products, referred to hereafter as "the products", subject.

Consequently, the fact that the purchaser places an order means that he/she fully and unreservedly adheres to these general conditions of sale.
The Château de La Dauphine can amend these general conditions of sale at any time without notice, with the amendments thereto then being applicable to all subsequent orders.

The fact that Château de La Dauphine does not, at a particular time, avail itself of any of these general conditions of sale cannot be interpreted as Château de La Dauphine waiving the right to avail itself subsequently of any of said conditions.

The GCS are binding on the purchaser who acknowledges, by ticking a box provided for that purpose, that he/she has taken note of them and has accepted them before placing an order.

Article 2 – Registration on the www.chateau-dauphine.com site

Sale of the products is only accessible to registered purchasers who hold an account. The registration procedure is carried out in accordance with the terms and conditions below:

To register on the www.chateau-dauphine.com website, the purchaser must be an individual of legal age who has legal capacity to enter into a contract and who is a consumer within the meaning of French order no. 2016-301 of March 14, 2016.

When registering, the purchaser must provide a valid email address and a password, as well as personal information.

The password if personal and confidential. Each purchaser is fully responsible for using and preserving his/her password. Each purchaser undertakes to do everything to keep his/her password secret and not to disclose it to anyone. In order to preserve the confidential nature of the password, the purchaser is asked to disconnect from the www.chateau-dauphine.com site at the end of each order.

Any loss or involuntary disclosure of information likely to enable a third party to know a purchaser's password must be reported immediately in writing to Château de La Dauphine so that it can change the user IDs and passwords.

If the purchaser has forgotten his/her password, he/she must indicate this via "Forgotten password?" and he/she will receive an email to reset his/her password at the email address indicated when he/she registered.

Article 3: Products

There is a short description of each of the products offered for sale which are present on the site. The photos which illustrate the description of the products are given for information purposes and are not contractual. Should you have any question about one of our products, you can contact our customer service on +33 (0)5 57 74 06 61

The products are offered and delivered up to the limit of available stocks.

Other than reimbursing the sums already paid for the product following a stock-out at the Château de La Dauphine, it is not obliged to pay any compensation for cancellation unless the non-performance of the GCS is personally attributable to it.

Article 4: Offer

Online sale offers shown on the site are reserved for purchasers residing in Metropolitan France and for deliveries in that same geographic area.

Online sale offers shown on the site are valid, unless specially indicated, as long as the products appear in the "Our wines" tab and up to the limit of available stocks.
The acceptance of the offer by the purchaser is validated by the confirmation of the order.

Article 5: Orders

The language offered for placing an order is French.

To place an order, the purchaser selects the products and/or the services in which he/she is interested. The list of the products and/or the services is present in his/her virtual basket. The purchaser then clicks on the "Validate my Basket" button and provides the information relating to the delivery and the method of payment. He/She can check the details of his/her order and its total price and go back to the previous pages to correct any errors or possibly amend his/her order.

The confirmation of the order means acceptance of the GCS and forms the contract.

An email acknowledging receipt of the order and payment therefor is sent by the Château de La Dauphine as quickly as possible.

The orders are effective from the date that the purchaser's account is debited.

Any payment made to Château de La Dauphine cannot be considered as a down payment.

Because of bank card fraud, Château de La Dauphine reserves the right to ask the purchaser for documentation supporting the veracity of the order. Moreover, the Château de La Dauphine reserves the right to refuse any non-compliant and questionable order, as well as any order emanating from a purchaser who has not totally paid a previous order or with whom any dispute is pending. The Château de La Dauphine also reserves the right to investigate, on a case by case basis, and to accept or refuse any order for which delivery is to take place outside of France, particularly with regard to the special rules and conditions applicable in the relevant country, and the purchaser expressly acknowledges and accepts this. If the order is refused in this regard, the Château de La Dauphine shall advise the purchaser thereof as quickly as possible.

Article 6: Delivery time

The delivery times are indicated as accurately as possible, depending on availability and transportation. The times indicated on the purchase orders never constitute a firm commitment to deliver on the date set. The overrunning of delivery times cannot result in damages, deductions, late delivery penalties or cancellation of all or part of the order.
Should the shipment of our products be delayed at the purchaser's request and with our agreement, the products would be stored and insured at the purchaser's expense and risk.

It is pointed out that force majeure relieves the Château de La Dauphine, temporarily or definitively, at its discretion, of any undertaking to deliver the products.
Any causes not directly or exclusively attributable to the Château de La Dauphine hindering and/or stopping the manufacture and/or the delivery of the products or the manufacture and/or delivery of its suppliers and/or subcontractors are deemed to be cases of force majeure. The Château de La Dauphine must advise the purchaser of this.

Article 7: Terms and conditions of delivery

The products are shipped to the purchaser by the carrier selected by the Château de La Dauphine.

The delivery times applicable in respect of orders through the www.chateau-dauphine.com site are those indicated when ordering, before the order is validated. These times may vary particularly depending on the place of delivery, the delivery method chosen, the quantity of products ordered and their availability. The delivery times advised when ordering are indicated in working days and subject to the order being validated.

The products are delivered by the Château de La Dauphine according to the formula chosen by the purchaser at the time of his/her registration and/or the placing of his/her order, to the delivery address indicated by the purchaser. If all or part of the addresses or information needed for delivery provided by the purchaser are incorrect, forcing the Château de La Dauphine to return the order, the purchaser shall bear the expenses and consequences thereof.

In this regard, the products are – from their delivery – under the custody of the purchaser who fully bears the risks of losses and the risks that the products could suffer or cause, for any reason whatsoever. As our goods are carefully checked and packaged before shipment, it is the recipient's responsibility to take up all reservations with the carrier in the event of damage, shortages, etc.

The Château de La Dauphine undertakes to do everything to ensure that the delivery times are met.

Article 8: Packaging – palletisation

The delivery packages and supports are deemed by the purchaser to be suitable to preserve the integrity of the products, with the purchaser consequently undertaking to relieve the Château de La Dauphine of liability from any proceedings initiated against it on such a ground.

Article 9: Price of the products

Unless the Château de La Dauphine agrees in writing, the products ordered are supplied at the price in force at the time that the order is confirmed by the Château de La Dauphine.
The Château de La Dauphine reserves the right at any time and irrespective of the order processing stage – particularly bearing market fluctuations in mind – to make any change regarding its products, prices or conditions of sale without notice or compensation to the purchaser.
If the sale price should change between the time that the order is received by the Château de La Dauphine and the time that the Château de La Dauphine confirms the order, the Château de La Dauphine shall advise the purchaser of this in the meantime and shall notify him/her of the new pricing conditions.
In such a circumstance, the purchaser will have the option:
- to maintain his/her order, which will then be governed by the new pricing conditions,
- not to proceed with his/her initial order,
without any compensatory payment needing to be made to either party.
Unless the Château de La Dauphine agrees in writing, the prices are deemed to be inclusive of all taxes and are expressed in Euros. The prices of the miscellaneous costs are those indicated when ordering (shipping costs, packaging costs, etc.) The total price of the order is that indicated when the order is validated by the purchaser, before the order is confirmed.

The delivery charges for an order of 1 to 24 bottles of 75cl are 12 Euros TTC in Metropolitan France.

Above 24 x 75 cl bottles purchased, the delivery is offered in Metropolitan France.
For information purposes: a 1.5 L bottle = 2 x 75 cl bottles; a 3 L bottle = 4 x 75 cl bottles, a 5 L bottle = 6,67 x 75 cl bottles and a 6 L bottle = 8 x 75 cl bottles.

Article 10: Payment of the price

The terms and conditions for paying the price are set when ordering.

In the absence of specific details:
- Every first order is payable cash.
- Invoices are payable at the registered address of the Château de La Dauphine, with payment having to be made within 30 days of the date of issue of the invoice.
- The payment due date cannot be postponed for any reason whatsoever – complaints made by the purchaser may not, under any circumstance, defer the due date for payment of the price to which they refer.
- Payments shall be made in Euro by cheque, transfer or bill of exchange – or more generally any means of payment expressly accepted by the Château de La Dauphine – in accordance with the payment due date(s) agreed on by the parties.
The purchaser shall take all steps to ensure that payment is made by that date.
- The invoice is deemed paid when the amount that appears thereon is credited to the bank account of the Château de La Dauphine.
- Any deductions and/or offsets are expressly prohibited – unless previously agreed in writing by Château de La Dauphine.
- No discount is granted for early payment.
Any sum due and not paid by the time frame mentioned above shall bear interest at a rate equal to three (3) times the legal interest rate in force from the first day of lateness and without a reminder being necessary, in accordance with the provisions of Article L.441-6 of the French Commercial Code.

In accordance with the provisions of Article D.441-5 of the French Commercial Code, in the event of non-payment of an invoice by its due date, a compensatory charge of 40 euros shall also be applied, as of right, for collection costs. The purchaser shall finally bear the definitive cost of any (court and out-of-court) expenses incurred by the Château de La Dauphine for recovery of its debt.

Moreover, the non-payment of just one invoice shall, as of right, render the amount of the other invoices still outstanding to the Château de La Dauphine immediately payable – with all of the relevant sums bearing interest immediately in accordance with the terms and conditions defined above.

In the event of late payment – and without prejudice to the foregoing – the Château de La Dauphine may, at its discretion:
- suspend its obligations concerning the order affected by the late payment as well as all pending orders until the sums that the purchaser still owes to it have been fully paid,
- make the fulfilment of the pending orders subject to the taking out of guarantees or to new terms and conditions (particularly new payment conditions) giving all payment guarantees to the Château de La Dauphine and deemed satisfactory by the Château de La Dauphine,
- cancel the pending orders as of right and keep the amounts paid by the purchaser, without prejudice to the payment of any damages which would be payable in this regard by the purchaser to the Château de La Dauphine.
Such cancellation shall apply not only to the pending orders but also – if the Château de La Dauphine deems it appropriate – to all previous or future unpaid orders, whether they have been fulfilled or are in the process of being fulfilled and whether their payment is due or not.

To optimise the security of the transactions, any payment made by bank card on the www.chateau-dauphine.com site is done via the secure online payment system known as "SOGENACTIF" offered by the Société Générale, which allows all data relating to orders to be encrypted (including the names, addresses and credit card numbers) so that the information provided is protected when it is sent.

Article 11: Guarantee – Return – Taking back

No unjustified return of goods may be asked for by the purchaser, except for the provisions laid down in the Withdrawal article. Goods may only be taken back after our company has agreed this in writing, and it shall be done at the purchaser's expenses, subject to any damages.

Château de La Dauphine may not be held liable in the event of lack of quality of the wine occurring at the time of the wine being produced (wine making, bottling) and equivalent to a cork taste, premature oxygenation, etc.

Article 12: Retention of title

The products, whose sale is governed by these conditions, are sold with a clause making the transfer of their ownership expressly subject to the full payment of the price (principal sum and any incidental charges).
It is understood that the mere provision of a document creating an obligation to pay, a bill of exchange or other document, does not constitute a payment within the meaning of this clause. The Château de La Dauphine's claim against the purchaser continues with all guarantees that are attached thereto, including the reservation of title, until the negotiable instrument has actually been paid in accordance with these general conditions of sale.
The purchaser must permanently ensure that the products which have not been paid for are identified as the property of the Château de La Dauphine and cannot in particular be confused or be the subject of a claim by third parties.
The products in stock are presumed to be those that are unpaid.
The purchaser is prohibited from pledging or assigning the ownership of the products in any form whatsoever, by way of a guarantee.
The products may be taken back by the Château de La Dauphine, at the purchaser's expense and without the need for a prior formal notice, in the event of the purchaser not fulfilling his/her obligations, without prejudice to the payment, to the Château de La Dauphine, of any damages.

Article 13: Withdrawal

Pursuant to the provisions of the French Consumer Code, the purchaser has a period of 14 calendar days from receipt of his/her order in which to advise the Château de La Dauphine of his/her withdrawal by email to contact@chateau-dauphine.com. The after sales service will then ask you to arrange for all of the order to be returned, for exchange or reimbursement, at the purchaser's choice, in a good condition and in its original packaging with the original invoice and a withdrawal letter containing the following information:

SURNAME
FIRST NAME
List of the products and quantities
Order/invoice no._____________
Placed on: ___ /___ /20___
Received on: ___ /___ /20___
Signature:

All of the products ordered must be returned within 14 days of receipt of the order. This will give rise to a reimbursement equal to all of the sums paid by the purchaser, i.e. the purchase price of the product(s) purchased and any delivery charges. Should some products have been started on or drunk, such products and all of the delivery charges will be deducted from the reimbursement made to the purchaser. The purchaser shall pay for the costs of returning the product(s). The goods shall be shipped at the purchaser's expense and risk. They shall be returned via the carrier chosen by the purchaser. The goods shall be reimbursed within 14 days of receipt of the goods. Also, should the purchaser note a discrepancy on the part of the Château de La Dauphine (e.g.: product delivered that is not the product requested), the Château de La Dauphine undertakes to reimburse all of the expenses incurred by the purchaser: price of the product plus the return costs and the costs for shipping out the products, provided that they are returned in the condition in which they were received.

Article 14: Data Protection and Civil Liberties

The Château de La Dauphine states that it complies with the provisions of amended French law no. 78-17 of January 6, 1978 on Data Protection and Civil Liberties. The personal data is subject to computerised processing for the purpose of customer relations. The recipient of said data is the Château de La Dauphine. In accordance with French law on Data Protection and Civil Liberties of January 6, 1978, amended in 2004, you have the right to access, correct and object to the information about you, which you can exercise by writing to the Château de La Dauphine, Customer Service, Rue Poitevine 33126 Fronsac or by emailing contact@chateau-dauphine.com

Article 15. Protection of minors

In accordance with Article L.3342-1 of the French Public Health Code and French law no. 2009-879 of July 21, 2009, the purchaser certifies, when placing the order, that he/she is eighteen (18) years old or older at the date of the order by notifying his/her date of birth when creating his/her account. Alcohol abuse is dangerous for your health.
If the purchaser places an order from a country other than France, he/she certifies that he/she is of the minimum age to drink alcohol as laid down in the legislation of the relevant country.

Article 16: Fight against alcohol abuse

The Château de La Dauphine points out that alcohol abuse is dangerous for your health and that you should drink it in moderation.

Article 17: Force Majeure

The Château de La Dauphine cannot be held liable for non-compliance with these GCS in the event of the occurrence of a force majeure event, as defined by Article 1218 of the French Civil Code and the jurisprudence of French courts.

Article 18: Competent court – Governing law

These general conditions of sale are subject to French law.

UNLESS OTHERWISE STIPULATED, ONLY THE COMPETENT COURTS OF PARIS (FRANCE) SHALL HAVE JURISDICTION IN THE EVENT OF A LAWSUIT OF ANY SORT, DISPUTE OR DIFFICULTY IN INTERPRETING THESE GENERAL CONDITIONS OF SALE AND MORE GENERALLY CONCERNING THE RELATIONS EXISTING BETWEEN THE PARTIES.
ONLY FRENCH LAW SHALL BE APPLICABLE.
THIS CLAUSE APPLIES EVEN IN THE EVENT OF AN URGENT APPLICATION, AN INTERLOCUTORY APPLICATION OR MULTIPLE DEFENDANTS.

If the general conditions of sale should be translated into a foreign language, the French language shall take precedence over any other translation in the event of a dispute, lawsuit or difficulty in interpreting or performing the general conditions of sale, and more generally, concerning the relations existing between the parties.