Effective as of 25/07/2023
ARTICLE 1 – Scope
These General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Clients” or “the Client”) wishing to purchase the products offered for sale (“the Products”) by the Seller on the website www.shop.chateaudestella.com.The Products offered for sale on the website are: bottles of wine.
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity, are presented on the website www.shop.chateaudestella.com, which the Client is required to read before placing an order. The choice and purchase of a Product is the sole responsibility of the Client. Product offers are subject to availability, as indicated at the time of placing the order.
These GTC are accessible at any time on the website www.shop.chateaudestella.com and shall prevail over any other document. The Client declares that they have read and accepted these GTC by checking the box provided for this purpose before initiating the online order process on the website www.shop.chateaudestella.com. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller’s contact details are as follows:
SAS VIGNOBLES FRANCOIS ADRIAN
Share capital of €6,000
Registered with the RCS of Bayonne under number 900441866
54, avenue d’Anglet – 64200 Biarritz
Email: contact@chateaudestella.com
Phone: 0033 6 43 50 11 90
Intra-community VAT number: FR61900441866
The Products presented on the website www.shop.chateaudestella.com are offered for sale in the following territories: Europe.
In the case of an order to a country other than mainland France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas departments and territories, prices will automatically be calculated exclusive of tax on the invoice.
Customs duties or other local taxes, import duties or state taxes may be payable. They will be borne by and are the sole responsibility of the Client.
ARTICLE 2 – Prices
The Products are supplied at the prices in effect listed on the website www.shop.chateaudestella.com at the time the order is recorded by the Seller. Prices are expressed in Euros, excluding and including taxes.
The prices take into account any discounts granted by the Seller on the website www.shop.chateaudestella.com. These prices are firm and non-revisable during their validity period but may be modified by the Seller at any time outside this period.
Prices do not include processing, shipping, transportation and delivery costs, which are invoiced additionally under the conditions indicated on the site and calculated before the order is placed. The amount requested from the Client corresponds to the total purchase amount, including these fees. An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 – Orders
It is the Client’s responsibility to select the Products they wish to order on the website www.shop.chateaudestella.com, according to the following process:
The Client selects the product they wish to purchase. The Client accesses their virtual cart. They are invited to create or log into their client account. The Client fills out a form with the necessary information for identification and processing of their order: title, first name, last name, mailing address, delivery address, phone number, email address, and age. The Client selects the delivery date and method. They are informed of the delivery charges. The Client reviews their order summary. They are invited to verify the order for any errors in data entry. The Client can modify the order and correct any mistakes. The Client confirms the order by clicking the designated button. The order is then transmitted to the Seller.
The Client is invited to select a payment method and proceed with secure online payment. The company is notified of the payment, and the Client receives a confirmation.
The order becomes final once payment is received by the Seller. A confirmation email is sent to the Client with a copy of the order.
Product offers remain valid as long as they are visible on the website, subject to availability. The sale is considered complete only after full payment. It is the Client’s responsibility to check the accuracy of the order and report any errors immediately.
Any order placed on the website [www.shop.chateaudestella.com](http://www.shop.chateaudestella.com) constitutes the formation of a distance sales contract between the Client and the Seller.The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. The Client can track the progress of their order on the website.
Any cancellation of the order by the Client after it has been accepted by the Seller is only possible within 1 day after acceptance and provided that delivery has not yet occurred (this does not affect the legal right of withdrawal).
ARTICLE 3 Bis – Client Area – Account
To place an order, the Client is invited to create an account (personal space). To do so, they must register by completing the form provided at the time of order and agree to provide sincere and accurate information, including their civil status and contact details, especially their email address. The Client is responsible for keeping their information up to date and may modify it by logging into their account. To access their personal space and order history, the Client must log in using their username and password, which are personal and confidential. Disclosure of these credentials is strictly prohibited. If disclosed, the Client assumes full responsibility for any use.
The Client may request to delete their account via their personal space or by sending an email to: [contact@chateaudestella.com](mailto:contact@chateaudestella.com). This request will be processed within a reasonable time.
In case of non-compliance with the GTC or the terms of use, the site [www.shop.chateaudestella.com](http://www.shop.chateaudestella.com) may suspend or delete a Client’s account after an electronic notice remains unanswered. Deleting an account results in the permanent deletion of all the Client’s personal information. Any disruption of the site or server due to force majeure or for maintenance does not hold the Seller liable. Account creation implies acceptance of these GTC.
ARTICLE 4 – Payment Terms
The price is paid via secure payment, using the following methods:
- · payment by credit card
The Client must pay the full price at the time the order is placed.
Payment data is encrypted via a secure protocol provided by the approved payment provider for transactions made on www.shop.chateaudestella.com.
Payments are considered final only after actual receipt by the Seller. The Seller is not obligated to deliver the Products ordered if the full price has not been paid in accordance with the stated terms.
ARTICLE 5 – Delivery
The Products ordered by the Client will be delivered within mainland France or to the following areas: Europe.
Deliveries take place within 24 to 48 hours to the address provided by the Client at the time of order. Delivery is considered completed when the Client takes physical possession or control of the Product. Unless otherwise agreed or in case of unavailability of one or more Products, all Products will be delivered at once. The Seller commits to using best efforts to deliver the Products on time.
If Products are not delivered within 15 days after the estimated delivery date for any reason other than force majeure or Client fault, the sale may be cancelled upon written request by the Client in accordance with Articles L216-2, L216-3, and L241-4 of the French Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days from cancellation, with no right to compensation.
Deliveries are made by an independent carrier to the address provided by the Client and accessible to the carrier. If the Client arranges delivery through their own carrier, delivery is considered completed once the Seller hands the Products over to the carrier. The Client acknowledges that delivery responsibility lies with the carrier, and they have no claim against the Seller for delivery failures.
In the case of specific packaging or transport requests accepted in writing by the Seller, any resulting costs will be subject to a prior quote and charged to the Client. The Client must inspect the condition of the delivered Products. Any claims must be made via email, with supporting documentation (photos), within \[#254 days – to correct] from delivery. After this period, and failing proper procedure, Products are considered compliant and free from visible defects.
The Seller will replace or refund, at their expense and as soon as possible, any Products found to be defective or non-compliant, under the conditions set forth in Articles L217-4 and following of the French Consumer Code and these GTC.
Risk of loss or damage passes to the Client only when they take physical possession of the Products. Products travel at the Seller’s risk unless the Client chose the carrier, in which case the risk passes upon delivery to the carrier.
ARTICLE 6 – Transfer of Ownership
Ownership of the Products transfers from the Seller to the Client only after full payment of the price, regardless of the delivery date.
ARTICLE 7 – Right of Withdrawal
In accordance with Article L221-18 of the French Consumer Code:
For contracts involving the regular delivery of goods over a defined period, the withdrawal period begins upon receipt of the first good.”
The right of withdrawal can be exercised online via the attached form (also available on the website) or by any clear written statement, including by mail or email to the addresses listed in ARTICLE 1.
Returns must be made in their original condition and complete (packaging, accessories, instructions…) allowing resale as new, and must include a copy of the invoice. Damaged, used, or incomplete Products will not be accepted. Return shipping costs are borne by the Client. Exchanges (subject to availability) or refunds will be made within 14 days of receipt by the Seller of the returned Products in accordance with the conditions set out herein.
ARTICLE 8 – Seller’s Liability – Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, damaged, or incorrect Products;
- the legal guarantee against hidden defects due to a material, design or manufacturing flaw making them unfit for use.
(Here, all French legal articles L217-4, L217-5, etc., are usually quoted in French and left untranslated or translated with their official English legal equivalents. I can provide that if you’d like.)
In order to assert their rights, the Client must inform the Seller in writing of the non-conformity of the Products or the existence of hidden defects within the time limits specified by the applicable legislation.
The Seller will refund, replace, or repair Products (or parts thereof) found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate, and return costs will be reimbursed upon presentation of supporting documents. Refunds, replacements, or repairs for Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days after the Seller acknowledges the non-conformity or defect. The refund will be made by crediting the Client’s bank account or payment method used during the initial transaction.
The Seller cannot be held liable in the following cases :
- • non-compliance with the legislation of the country in which the Products are delivered, which is the Client’s responsibility to verify;
- • in case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the Client, as well as in the case of normal wear and tear of the Product, accident, or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of non-conforming or defective Products.
ARTICLE 9 – Personal Data
The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for the transmission of the order to the Seller. This personal data is collected solely for the execution of the sales contract.
9.1 Collection of personal data
The personal data that is collected on the website www.shop.chateaudestella.com includes :
Order opening
when creating the Client’s account: full name, postal address, phone number, and email address.
Payment
in the context of paying for Products offered on the site, it records financial data relating to the Client’s bank account or credit card.
9.2 Recipients of personal data
Personal data is reserved for the exclusive use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, as defined in Article 1 of these General Terms and Conditions.
9.4 Limitation of processing
Unless the Client expressly agrees, personal data shall not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller will retain the collected data for a period of 5 years, covering the period of limitation of applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, the Internet is not a completely secure environment, and the Seller cannot guarantee the complete security of data transmission or storage.
9.7 Enforcement of Client rights
In application of the regulations applicable to personal data, Clients have the following rights :
- · They may update or delete their data by logging into their account and configuring their settings;
- · They may delete their account by writing to the following email address: contact@chateaudestella.com;
- · They may exercise their right of access to know the personal data concerning them by writing to the following email address: contact@chateaudestella.com;
- · If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the above email address;
- · Clients may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the above email address.
ARTICLE 10 – Intellectual Property
The content of the website www.shop.chateaudestella.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an act of counterfeiting.
ARTICLE 11 – Applicable Law – Language
These General Terms and Conditions and the resulting transactions are governed by and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
ARTICLE 12 – Disputes
For any complaint, please contact the Seller at the postal or email address indicated in Article 1 of these General Terms and Conditions.
The Client is informed that they may, in any case, resort to conventional mediation, in particular with the Commission for Consumer Mediation (Commission de la médiation de la consommation – C. consom. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is:
CNPM – MÉDIATION DE LA CONSOMMATION
27 avenue de la Libération – 42400 SAINT-CHAMOND
Website: https://cnpm-mediation-consommation.eu
Email: contact-admin@cnpm-mediation-consommation.eu
The Client is also informed that they may use the online dispute resolution platform (RLL) available at the following address: https://webgate.ec.europa.eu/odr/
All disputes to which the purchase and sale transactions concluded under these general terms and conditions and not resolved amicably between the Seller or through mediation shall be submitted to the competent courts under the conditions of common law.
ARTICLE 13 – Pre-contractual Information – Client Acceptance
The Client acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions and of all the information listed in Article L. 221-5 of the French Consumer Code, and in particular the following:
- the essential characteristics of the Product;
- the price of the Products and related costs (e.g., delivery);
- in the absence of immediate execution of the contract, the date or timeframe by which the Seller undertakes to deliver the Product;
- information relating to the identity of the Seller, postal, telephone and electronic contact details, and activities, if not apparent from the context;
- information on legal and contractual warranties and their terms of implementation;
- the functionalities of the digital content and, if applicable, its interoperability;
- the possibility of resorting to conventional mediation in case of dispute;
- information on the right of withdrawal (existence, conditions, timeframe, and modalities for exercising this right, as well as the standard withdrawal form), the cost of returning the Products, the cancellation terms, and other important contractual conditions.
The act of ordering on the website implies full and unconditional acceptance of these General Terms and Conditions, which is expressly recognized by the Client, who waives, in particular, the right to invoke any contradictory document that would be unenforceable against the Seller.
ANNEXE I
Withdrawal Form
Date ______________________
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.shop.chateaudestella.com, except in cases of exclusions or limitations to the right of withdrawal as stated in the applicable General Terms and Conditions of Sale.
ATo the attention of: SAS VIGNOBLES FRANCOIS ADRIAN
54, avenue d’Anglet – 64200 Biarritz – France
I hereby give notice of my withdrawal from the contract relating to the goods described below:
- – Order date: (please specify)
- – Order number : …………………………………………………..
- – Customer name : …………………………………………………………………
- – Customer address : ……………………………………………………………..
Customer’s signature (only if this form is submitted on paper):