TERMS AND CONDITIONS OF SALE
Béret Noir, a simplified joint stock company with a capital of 5,000 euros, registered in the Bordeaux Trade and Companies Register under number 893 952 309, whose registered office is located at 16 rue du 8 mai 1945 - 33150 Cenon, France, in the person of its legal representative duly authorized to enter into this agreement (the “Publisher"), publishes and operates the Internet platform accessible at the URL address www.directchateaux.com (the "Platform").
The Platform is an online sales site on which winemakers/chateaux (the "Sellers") create and operate their own international digital store. The Seller is a wine professional wishing to have a solution enabling him to offer his wines (the "Products") to private buyers via the Internet (the "Customers"). Internet users browsing the Platform, Customers and Sellers are hereinafter referred to as "Users".
These General Terms and Conditions of Sale (the "GTCS") govern the relationship between the Sellers and any individual of legal age in his or her country of residence placing an order on the Platform (the "Customer"). They apply to sales of Products concluded between the Seller and the Customer on the Platform. The Products sold by the Seller are from its own production and are not intended for resale.
In this context, it is recalled that Béret Noir acts as a mere technical intermediary; its role is limited to hosting the stores and offers of the SELLERS on the PLATFORM and to connecting them with the CUSTOMERS.
Protection of minors
In accordance with article L. 3342-1 of the French Public Health Code stipulating that the sale of alcohol to minors is prohibited, the creation of an account and the ordering from the SELLERS are strictly reserved for adults aged 18 and over.
Alcohol abuse is dangerous for your health, consume with moderation.
The seller :
Article 1 - CUSTOMERS
1.1 - The wines (the "Product(s)") offered for sale on the Plateform are strictly reserved for "natural persons" who are of legal age in their country of residence, who have full legal capacity in their country of residence to order on the Platform, and who have a valid delivery and billing address.
The Products are not intended to be used for advertising or communication purposes. The Products are not intended for resale.
IF YOU DO NOT MEET THESE CONDITIONS, YOU MUST LEAVE THIS SITE IMMEDIATELY
1.2 - As the sale of alcohol is prohibited to persons under the legal age for the purchase or consumption of alcohol, the Customer confirms that he/she is of legal age for the purchase or consumption of alcohol. The Customer guarantees that the person receiving the delivery is of legal age to purchase or consume alcohol in his country.
In accordance with the provisions of Article L.3342-1 of the Public Health Code, the Seller reserves the right to ask the Customer to prove his identity and age.
Article 2 - ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
2.1 - By placing an order, the Customer acknowledges having read these Terms and Conditions and agrees to be bound by them.
2.2 - The GCS may be modified at any time. The Customer is bound by each modification and must therefore regularly visit this page to check the version of the general conditions in force.
2.3 - The Customer has the possibility to print the present GTC or to save them on his computer in PDF format.
IF YOU DO NOT WISH TO BE BOUND BY THESE GCV, DO NOT PROCEED WITH ORDERS ON THIS SITE.
Article 3 - RESPONSIBLE ALCOHOL CONSUMPTION
The Customer acknowledges that the consumption of alcohol must be moderate and responsible. The Company is committed to promoting the moderate use of its products. Irresponsible use of alcohol can result in serious health and social harm. For more information: http://www.responsibledrinking.org/
Article 4 - THE PRODUCTS
4.1 - Description of the Products
Each Product offered on the Platreform is the subject of a description that presents the essential characteristics of the selected Product. The photographs or graphic representations used to illustrate the Products, whether they are standard or personalized, are not contractual.
The Seller must comply with the French standards applicable to the products marketed. The Seller may have to develop its Products and packaging in order to comply with these standards, in particular by integrating logos and/or mandatory mentions.
4.2 - Availability of Products
Product offers are valid within the limits of available stocks.
In case of unavailability, the Product cannot be ordered on the Plateform.
In the event that the Product is no longer available in the quantity ordered, the Seller shall inform the Customer so that he may decide whether or not to accept the reduction of his order. If the Customer does not agree to the reduction of the order, the order shall be automatically cancelled and the Customer shall be reimbursed as soon as possible and within 14 days at the latest.
Article 5 - ORDER
5.1 Creation of a Customer account
5.1.1 - The Customer will have the opportunity to create an account on the Platform when placing his first order and, to this end, must fill in the form provided. This form includes "mandatory" information as necessary for the identification of the Customer (title, surname, first name, date of birth, email address and password). This information is indicated by a star (*) on the Platform. This form also includes "optional" information that the Customer is not obliged to complete in order to place an order on the Platform (information not marked with a star).
It is specified that the password chosen by the Customer is personal and confidential. It will allow him to identify himself later on the Platform.
In the event of a forgotten password, the Customer may request a new password by clicking on the "Forgotten password" tab in the "My account" section.
Your password is personal. It is your sole responsibility to keep it confidential. You must ensure that no one other than yourself, especially a person under the legal age for the purchase or consumption of alcohol, will use your login and password to purchase alcoholic products. You are deemed to have the ability to control access to the email address you provide. You are responsible for maintaining the confidentiality of your user name and password and for assuming responsibility for any damage that may result from unauthorized access to the site caused by or related to the disclosure of your user name and/or password.
The information communicated in the form must be complete, exact and up to date. The Seller may, if necessary, ask the Customer for confirmation (by any means) of the information he provides and of his identity.
The creation of an account is limited to one account per person (same first name/name and same household/postal address). Any attempt at fraud (use of a false identity, truncated/modified spelling of the first or last name, etc.) may result in the deletion of the account.
5.1.2 - The Customer also has the possibility of ordering without creating an account, by ordering as a guest. To do this, he must only provide the information necessary to process his order.
5.2 - Steps of the order
To order a product on the Platform, the Customer must follow the following steps:
The Customer selects the Products he/she wishes to order and adds them to the basket by clicking on "Add to basket".
He/she accesses his/her cart by clicking on "Cart".
On the "Shopping Cart" page, the Customer can :
- Add/remove items to his/her cart,
- Enter their PROMO CODE (promotional code) if they have one,
- See the summary of his cart, including the applied promotions.
To proceed to the next step, the Customer must (i) accept the present General Terms and Conditions of Sale made available to him/her via a hypertext link by clicking on the checkbox provided for this purpose and (ii) click on "Validate my Cart".
The Customer is then asked to identify himself, unless he is already connected; if he already has a customer account, he enters his email address (login) and his password. If he does not have a customer account, he creates a customer account or he order as a guest.
During his first order, the Customer is redirected to the "Delivery Address" page in order to fill in his delivery and/or billing address. Then he/she clicks on "Save address".
The Customer is automatically redirected to the "Delivery" page in order to enter his delivery details. The Customer has the possibility to modify his delivery or billing address by clicking on "Modify" or "Add a new address". It is also at this stage that the Customer must provide any administrative documents necessary for the proper processing of his order, especially to pass the customs of the destination country in full compliance.
To proceed to the next step, the Customer must then click on "Validate delivery" which will take him/her to the "Payment" page where the Customer selects his/her payment method.
To definitively confirm the order and pay, the Customer clicks on "Confirm my order and pay" and is then redirected to the transaction platform of the payment provider where he/she indicates his/her banking information and confirms his/her payment.
Once the Customer has validated and paid for his order, (i) he is automatically redirected to a page on the Platform on which the Seller confirms his order, (ii) at the same time, the Customer receives an email from the Seller acknowledging receipt of his order and providing him with an order number and a summary of his order.
Article 6 - PRICE AND PAYMENT TERMS
6.1 - Prices
Prices of the Products are those indicated on the Platform on the date of the order. They are indicated in the currency chosen by the customer from among 21 currencies, and do not include applicable taxes and duties, nor delivery charges.
By displaying the details of the cart, the customer has access to the price including taxes, duties and customs clearance as well as delivery.
6.2 - Invoicing
A detailed invoice will be issued for each order and sent to the Customer by e-mail at the same time as the order shipment confirmation (or at the time of payment).
6.3 - Terms of payment
All credit card payments are made via the Stripe secure online payment system, which encrypts all order data (including names, addresses and credit card numbers) so that the information provided is protected during transmission.
The Customer may choose to pay with the following cards:
China UnionPay (CUP)
Discover & Diners
Japan Credit Bureau (JCB)
The Customer must be the holder of the card used. The Customer will then be automatically redirected to the transaction platform of the bank providing the payment. The banking information is entered via a secure server to ensure the security and confidentiality of the information provided by the Customer during the banking transaction.
A confirmation of the order is sent by e-mail to the Customer.
The order placed is firm and final. The placing of the order materializes the full and complete acceptance of the present GTC. The automatic recording systems of the Platform are considered by the parties as proof of the nature, content and date of the order.
Regardless of the method of payment chosen, the Seller reserves the right to refuse any order or any delivery in the event of (i) refusal of payment authorization by the banking organization or (ii) non-payment, total or partial, of a previous order by the Customer.
Article 7 - SHIPPING
The Products are delivered through the services of the company PELICAN AIR SERVICES, simplified joint stock company with a capital of 5,000 euros, registered in the RCS of Bergerac B 882 558 315, whose head office is located at Local météo, aéroport de, 24100 Bergerac (the "Service Provider").
The shipments are made mainly* in DDP (delivery duty paid), bringing the guarantee to the Customer to have no formality to realize and no additional cost to pay during the delivery.
The Service Provider, issues the waybill, administrative and customs formalities with a follow-up until delivery.
The Customer benefits from a global price delivered to his home and the Service Provider pays for the Customer the customs duties. The Customer is informed by email or sms of the delivery time.
Shipments to the 4 provinces of Canada are DAP (delivery at place), the regulations of this country requiring the Customer to pay directly the duties to the state services of each province. Information is provided on the customs clearance process. The delivery is ensured by the Service Provider to the indicated address.
Article 8 - DELIVERY
8.1 - Delivery methods, rates and deadlines
The payment of the order triggers the collection of the goods at the producer's property by the Service Provider.
The Service Provider ensures the follow-up throughout the "story" of the goods and manages on behalf of the Seller all the situations (absence, information on the relay point, blocking in customs...) with a great attention in order to offer a delivery in the best possible conditions. The tracking number is transmitted at the time of departure of the goods.
It is possible that the customs service of the country or others contact the Customer by e-mail. The Customer must not respond in any way. The Customer has a contact email for all questions and information about his goods: email@example.com
All shipments are delivered to the door of the Customer's home or to the address indicated on the identification form. It is the Customer's responsibility to check the delivery address on the order confirmation. It is important that the contact information provided is valid and that the contact is available.
The Service Provider cannot be held responsible for an input error when identifying the recipient making delivery impossible (address error etc.). In the event that the Service Provider cannot intervene to modify the data entry error resulting in the return of the goods to the logistics base, the cost of reshipment and the return expenses shall be borne by the Customer. In case of refusal by the Customer, the goods are kept by the Service Provider.
In case of absence of the Customer at the time of delivery, the parcel is deposited at the nearest collection point of the delivery address. The Customer is informed by email, or any other means of the address of the collection point where the parcel has been deposited. The customer has a period of 15 days to retrieve it or it will be returned.
The Service Provider cannot be held responsible for the return of a package that has not been claimed in a relay point. You will be responsible for the return shipping costs as well as the return shipping costs. In case of refusal, the goods are kept by the Service Provider.
Delivery costs vary according to the number of bottles and the country/state of destination selected by the Customer.
8.1.1 - The Products offered for sale on the Plateform are manufactured and marketed in accordance with current French standards.
8.1.2 - The delivery times of the Service Provider displayed at the time of validating the order are an estimate and are applicable as from the handing-over of the parcel to the services of the Service Provider. Delivery times are counted in working days (Monday to Saturday excluding holidays).
8.1.3 - Each order is delivered to a single address. If you request delivery to more than one address, you must place separate orders.
8.1.4 - The Service Provider's packaging of 6, 12 bottles and magnums are reinforced packages, adapted to international transport.
Wooden cases of magnums, 6 and 12 bottles are protected by Recycled polythene foam and over-packed in Pelican Air Services packaging. Bottles, double magnums, jeroboams or other non-standard volumes are secured in Pelican Air Services packaging.
The Service Provider takes the utmost care of the packaging in order to minimize the risk of damage.
8.2 - Transfer of risks and ownership
During transport, the risks of destruction, loss or damage of the Product(s) are borne by the Seller (without prejudice to any recourse the latter may have against the Service Provider in charge of the delivery).
The transfer of risk and ownership of the Products shall take place on the date of delivery of the Products to the delivery address indicated by the Customer. Delivery is understood to be the handing over of the order to the Customer or his representative at the address indicated on the order form.
8.3 - Verification of the order upon receipt
The Customer is required to check the condition and conformity of the delivered Products upon delivery and must, if necessary, make any reservations on the delivery slip.
8.4 - Declaration of damage
Upon receipt of goods where damage is noted, the Customer must meet the following conditions in order to benefit from the guarantee, under penalty of exclusion:
- Make a reservation on the delivery note "reserve, damaged packages" and take a photo
- Take pictures of the closed package, of the package when it is opened and a picture of the damaged goods
And transmit all the elements to firstname.lastname@example.org
The declaration is processed as soon as possible with only a replacement of the damaged goods, the bottles whose labels are stained are not eligible for the replacement insurance.
8.5 - Contestation of receipt
The Customer can access the proof of delivery by contacting the Service Provider, using the tracking number of his package. In the event that the Service Provider indicates that the order has been delivered and the Customer has not received it, the Customer may contact the Service Provider by email at email@example.com in order to open a dispute file.
In order to contest a delivery, the Customer must provide a signed declaration and a copy of his identity document (passport or identity card, front and back). Upon receipt of these documents, the Service Provider will initiate a search. The time limit for the Service Provider to search for the package is 3 (three) weeks.
The Service Provider is entitled to request a complaint for any dispute of receipt or signature.
Article 9 - REPLACEMENT INSURANCE
A standard replacement insurance is applied for any shipment, national, EU, non-EU and for any type of packaging, 6 bottles, 12 bottles, magnums, wooden cases etc...
The standard insurance ceiling varies according to the type of packaging:
Packing of 6 bottles or 3 magnums: 200€.
Packing of 12 bottles or 6 magnums: 350€.
- A package of 12 bottles with a value of 300€ benefits from the replacement insurance guarantee for a partial or total damage
- A package of 12 bottles with a value of 600€ benefits from the replacement insurance guarantee up to 350€, either for the damage of a bottle with a value of 350€ or for several bottles whose total amount does not exceed 350€.
An additional insurance is offered for purchases exceeding the ceiling guaranteeing a total replacement in case of damage or loss of the package. The amount of the complementary insurance corresponds to 1.35% of the value of the goods excluding VAT.
Article 10 - LIABILITY - UNPREDICTABLE AND INSURMOUNTABLE EVENT
The contractual obligations of the Seller shall be automatically suspended and its liability discharged in the event of the occurrence of an unpredictable and insurmountable event (as this term is defined by Article 1218 of the Civil Code and by case law) likely to prevent the delivery of the Products. After one month from the date of the order, the Customer will have the right to cancel the order. The Customer will be reimbursed in full (including delivery charges, duties and customs clearance).
Moreover, the Seller shall not be held responsible for any interruption of the connection, server failure, electrical problems or other problems related to the Internet network. Finally, the responsibility of the Seller cannot be engaged in case the delivered Products would be stored or consumed/used in abnormal conditions or incompatible with their nature.
An additional insurance representing 1,15% of the value of the goods is proposed for purchases exceeding the ceiling guaranteeing a total replacement in case of damage or loss of the package.
The conditions are identical in case of loss of the package.
For packaging in wooden crates, 6 flat, 2x3 or 12 bottles, the Seller must ensure that the bottles are secured inside the wooden crate, i.e. that they do not float in order to avoid hitting the lid, thus increasing the risk of breakage.
Article 11 - RIGHT OF WITHDRAWAL
11.1 - Notification to the Seller of the decision to withdraw
The Customer has a right of withdrawal that he can exercise without having to give reasons or pay penalties. This withdrawal period shall expire fourteen (14) clear days after the day on which the Customer, or a third party designated by the Service Provider (other than the Service Provider), takes physical possession of the Products.
If the Customer orders several Products in a single order, or if the Products have been delivered in several parts, the withdrawal period shall not begin until the Customer, or a designated third party other than the Service Provider, takes physical possession of the last Product or the last part of the delivery.
In order to exercise its right of withdrawal, the Customer must notify the Seller of its decision to withdraw by any unambiguous statement before the expiration of the withdrawal period, in particular:
(i) by mail to the Seller's postal address indicated on the invoice
(ii) by email to the Seller's email address indicated on the invoice
11.2 - Return of the products subject to withdrawal
Following communication of the Customer's decision to withdraw, the Customer must return the product(s) complete, unconsumed and unopened, in their original packaging specifically designed for the transport of wine. The shipment must include the return slip or a copy of the invoice to allow the Seller to identify the origin of the returned products. The return must be made without undue delay and at the latest within fourteen (14) days following the communication by you of your decision to withdraw.
The return must be made to the address of the Seller visible on the invoice.
If the products are not returned within fourteen (14) days following the communication by the Customer of his decision to withdraw, no refund will be possible.
The costs and risks of returning the product(s) remain the responsibility of the Customer. In case of depreciation of the product(s) resulting from handling other than that necessary to establish their nature, their characteristics and the proper functioning of the products, the responsibility of the Customer may be engaged.
11.3 - Reimbursement of the products subject to retraction
The Seller will proceed to the reimbursement of the totality of the sums paid, excluding the initial delivery costs. Unless the Customer agrees to another means of reimbursement, the reimbursement of the Product(s) shall be made according to the initial method of payment used by the Customer at the time of the order, without undue delay and, in any event, no later than fourteen (14) days from the day on which the Seller was informed of the decision to withdraw. The reimbursement of this sum may however be deferred until the actual recovery of the returned Products or until the Customer has provided proof of shipment of the Product, the date retained being the first of these facts.
The Customer is informed that the right of withdrawal cannot be exercised for (i) Products that have been opened or unsealed after delivery and that cannot be returned, in particular for reasons of hygiene or health protection, and (ii) orders for Products that have been customized or specifically requested by the Customer at the time of ordering (special formats, customized packaging, etc.).
Article 12 - LEGAL GUARANTEES IN CASE OF PRODUCT SALES
As a reminder, the Products must be stored, handled and consumed in compliance with the general rules applicable to alcoholic beverages and in compliance with the customs and any instructions accompanying the Product or appearing on the Platform. In addition, they must be consumed within an appropriate period of time according to their nature and characteristics.
In accordance with the law, the Customer is reminded that he/she benefits from the legal guarantee of conformity provided for in Articles L. 217-3 to L. 217-17 of the Consumer Code and the guarantee relating to defects in the thing sold under the conditions provided for in Articles 1641 to 1648 of the Civil Code.
In accordance with the annex to article D. 211-2 of the Consumer Code, the following box is reproduced:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of appearance 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 goods 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 guarantee of conformity entails the obligation for the professional, if necessary, to provide all the updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, without charge and without major inconvenience to him.
If the delivered Products do not conform to the Products ordered, or if they have hidden defects, the Customer is invited to contact the Seller within 72 hours of receipt of the order to notify the Seller of the non-conformity or hidden defects of the Product(s).
The Seller shall acknowledge receipt of the request and inform the Customer of the procedure to be followed. Upon receipt of the Seller's instructions, the Customer shall return the non-conforming or damaged Product(s) to the address indicated.
The Product(s) must be returned at Seller's expense, complete, unconsumed and unopened (except in the case of a hidden defect), in its (their) original, undamaged packaging (except in the case of a hidden defect) and, if possible, with its (their) original packaging. The packaging and mode of transport must be perfectly adapted to the Products so as to guarantee their integrity. In order to identify the return, it must be accompanied by the return form and a copy of the invoice.
Article 13 - Promotional Codes
Promotional codes may not be redeemed for cash, used in conjunction with each other, reused in another transaction, or used in a split manner on multiple orders. Seller reserves the right to invalidate any promotional code used or applied in violation of the above requirement.
Article 14 - NON-RETURN
The fact that the Seller does not take advantage at a given time of one of the provisions of the GTC shall not be interpreted as a waiver for the Seller to take advantage of it later.
Article 15 - INTELLECTUAL PROPERTY
15.1 - Unless otherwise stated, the copyright and other intellectual property rights in all elements of the Platform (including, but not limited to, photographs, text, video and graphic images, domain name, graphic design, structure, decision tree, etc.) are owned by the Publisher or its licensors. Any element of the Platform that is a brand, logo or trademark is a registered or unregistered trademark of the Seller or the Publisher of the Platform.
15.2 - You may download, display or print the information contained on the Platform only for personal use if you comply with the following conditions:
15.2.1 no document or associated graphic representation of the Platform is modified in any way;
15.2.2 no graphic representation of the Platform is used separately from the corresponding text; and
15.2.3 you retain and reproduce any copyright or other proprietary notices contained in any information you upload.
15.3 - Except as expressly permitted by law, you may not distribute, modify, transmit, reuse, republish or use the content of the Platform, including text, images, audio and video, for public purposes without the written permission of the Platform Editor. The Publisher does not warrant or guarantee that your use of the information presented on this Platform will not infringe the rights of third parties not owned or affiliated with the Publisher.
15.4 - Your use of any material on this Platform, except as provided in these Terms and Conditions or with the express written permission of the owner or right holder thereof, is strictly prohibited. All rights are reserved unless otherwise indicated.
15.5 - If you breach any of the provisions of these T&Cs, your authorization to use this Platform automatically terminates and you must immediately destroy any downloaded or printed excerpts from this Platform. You are also advised that the Publisher will enforce its intellectual property rights in accordance with applicable law, including through criminal prosecution.
15.6 - Subject to paragraph 13.2, no part of this Platform may be reproduced or stored on any other website or included in any public or private data retrieval system or service without the prior written permission of the Publisher.
15.7 - The purchase of a Product does not give you any rights to the names, marks or labels of the Product. It is strictly forbidden to use the Products or brands distributed by the Seller for advertising or communication purposes.
Article 17 - EVIDENCE, RECORDING AND ARCHIVING OF TRANSACTIONS
The Publisher makes every effort to ensure the confidentiality and security of data transmitted on the web.
The computerized registers, kept in the Seller's computer systems under reasonable security conditions, shall be considered as proof of the communications, orders and payments made. The archiving of order forms and invoices is made on a reliable and durable support, in accordance with the legal provisions.
Article 18 - LANGUAGE OF THE TERMS AND CONDITIONS
The Terms and Conditions have been written in French and translated into English.
Only the French version is authentic in the event of a dispute, particularly in the event of mediation (or any other alternative dispute resolution method) or before a court.
Article 19 - DISPUTES - APPLICABLE LAW
These Terms and Conditions are subject to French law.
In the event of a dispute, subject to having first referred the matter to the Seller and in accordance with the provisions of Article L. 612-1 of the Consumer Code, the Customer may resort to a conventional mediation procedure.
The Customer is also free to use the online dispute resolution service proposed by the European Commission.
In the absence of an amicable agreement between the parties, any dispute arising from the formation, interpretation or execution of these General Terms and Conditions of Sale or of any order shall be submitted to the jurisdiction of the French courts.
Article 20 - CONSERVATION OF WINES
The Seller shall in no way be liable for any defects that may affect the wines (Products) purchased from him, caused by the improper storage or handling of the wines by the Customer.
It is the Customer's responsibility to ensure that the wines are properly stored in a sufficiently humid place, away from light, heat, vibrations and bad odors.
Even wines for aging cannot be kept forever. It is the customer's responsibility to respect the recommendations for consumption given by the producer.