General Conditions of Sale
Identity of the owner of the website: VIGNOBLES CRUCHON & FILS
Company name: Société civile d'Exploitation Agricole Vignobles Cruchon & fils
Registered office: CHEVILLON, 2 ROUTE DE VENDAYS, 33340 GAILLAN-EN-MEDOC
Registration number with the RCS: 424 879 427 R.C.S. Bordeaux
Share capital: €307,947.01
Siret: 42487942700013
Intra-community VAT number: FR93424879427
Tel.: +33 (0)5 56 41 69 71
Email: contact@vignoblescruchon.fr
Manager: Frédéric Cruchon
1. LEGAL INFORMATION
SCEA Vignobles Cruchon & Fils, hereinafter the "Seller", has its registered office at 2 ROUTE DE VENDAYS, 33340 GAILLAN-EN-MEDOC. It is registered with the RCS of Bordeaux under the SIREN number 424 879 427.
This Site offers SCEA Vignobles Cruchon & Fils products for sale online. The Site's offers are exclusively reserved for private customers and legal entities, excluding professional resellers. The sale of alcohol to minors is prohibited, and the Seller reserves the right to refuse an Order placed by a Customer who does not prove that they are of legal age.
It is also recalled that alcohol abuse is dangerous for your health and that the Seller's products must be consumed in moderation.
All data from the online store appearing on the Site (product sheets, etc.) are the exclusive property of the Seller. Any use, partial or total reproduction without prior authorization is prohibited. Failure to comply with this prohibition constitutes an infringement that may incur the civil and criminal liability of the infringer. It is also recalled that the photos and illustrations used on the Site are non-contractual.
2. LEGAL AND PRE-CONTRACTUAL INFORMATION
These General Terms and Conditions of Sale (hereinafter GTC) apply to all sales of products by La SCEA Vignobles Cruchon & Fils on its online store: https://www.chateau-chantemerle.com/ (hereinafter the Site), exclusively reserved for individuals who are adults or have reached the minimum legal age for the purchase and/or consumption of alcohol in their country of residence and for legal entities. In order to be aware of them for each order placed, the GTC are available to the customer from the home page of the Site, under the heading "General Terms and Conditions of Sale", and will be attached to the order shipping confirmation email sent to the customer after finalization of their order.
The fact of placing an order implies the prior and unconditional acceptance by the Customer of these General Terms and Conditions, to the exclusion of any other document such as a prospectus or catalogue issued by the Seller, the value of which is only indicative or any other condition of purchase submitted by the Customer unless expressly agreed in writing by the Seller.
Any possible modification of the General Terms and Conditions will only apply to sales concluded after said modification, the dates appearing on this page and on the order receipt notice sent to the Customer being authentic.
The Seller reserves the right, for any new customer, to ask them for proof of identity and address, before the final validation of their first order.
ARTICLE 1: APPLICATION OF THE GENERAL CONDITIONS OF SALE
The Seller's sales prices are those indicated on the online store website when ordering. The products and their prices are regularly updated and the Seller reserves the right to modify its prices at any time. Prices are indicated including tax, in euros, excluding shipping costs.
Shipping costs are invoiced according to the quantities ordered according to the rate in effect on the day of the order. These costs will be indicated to the Customer before the final validation of his order.
The prices and shipping costs invoiced after validation of the order will be displayed separately on the invoice which will be available on the Customer's account after final validation of his order. The shipping costs relating to the delivery methods can be viewed on the Site under the heading "Delivery".
ARTICLE 2: PRICES
The order must strictly comply with the offer as issued on the Site and in particular with the formats, quantities offered within the limits of available stocks and deadlines.
Article 3: ORDER CONTENT
1. The Customer places an order on the website https://www.chateau-chantemerle.com/. The order assumes prior knowledge and acceptance by the Customer of these General Terms and Conditions, the price and essential characteristics of the wines and accessories chosen, available on the Site.
2. The order is taken via the electronic order form accessible online on the Site.
3. The order assumes prior knowledge and acceptance by the Customer of these General Terms and Conditions, the price and essential characteristics of the wines and accessories chosen, available on the Site.
4. On this summary page, the Customer is reminded of the selected products, their unit price including tax, the amount of shipping costs including tax and the total amount including tax to be paid. The Customer can then choose to finalize his order by clicking on "Place order". At this stage, the Customer also has the option to modify or cancel his order.
5. The Customer is then asked to log in to his customer account using his email address and password, or to create his customer account. The Customer provides the requested information, necessary for the sale to be completed. He takes care on this occasion not to omit any information essential to the proper execution of the delivery, such as a possible access code to the building. With regard to information falling under the category of personal data, the Customer is invited to read the Privacy Policy, the General Conditions of Use and the cookie policy of the Seller accessible on the Site and Article 14 - Personal Data below.
6. The Customer is identified by means of his email address and his personal password.
7. The Customer definitively accepts the order by clicking on "validate the order" and after having read the payment methods", he chooses the terms of his payment after having entered the requested information to allow it, in the areas provided for this purpose. His acceptance is then definitive, subject only to the possible exercise of his right of withdrawal described below in Article 11 - Right of withdrawal.
8. the Seller confirms the order to the Customer by e-mail summarizing the latter with the GTC, specifying that the invoice is available on his Customer account. The terms of exercising the right of withdrawal as defined in Article 11 of these GTC are available on the Site as well as the address of the Seller's establishment to which the Customer can submit his complaints and information relating to after-sales service.
9. Orders only become definitive upon receipt of full payment of the price of the products and shipping costs by the customer.
ARTICLE 4: ORDER STEPS
By transfer, Apple Pay or bank card, in Euros, (Carte Bleue, Carte Visa, Eurocard/Mastercard, American Express) by indicating in the area provided for this purpose (secure entry by SSL encryption) the card number, without spaces between the numbers, as well as its expiry date and the three-digit security number on the back of the card.
The information is encrypted and undecipherable. The Seller does not have access to it, only the acknowledgment of the proper execution of the payment reaching him.
Whatever the method of payment chosen, the Seller reserves the right to refuse any order or delivery in the event of refusal of payment authorization by the banking institution or total or partial non-payment of a previous order by the Customer.
ARTICLE 5: METHODS OF PAYMENT
The transfer of ownership of the products to the customer only takes place after full payment of the price of the order, i.e. upon receipt of the price of the order by the Seller.
ARTICLE 6: TRANSFER OF OWNERSHIP
Offers are always made subject to available quantities. In the event of unavailability of the products ordered and subsequent cancellation of the order, the price including tax as well as the shipping costs including tax will be fully refunded to the Customer within fourteen (14) days following the order.
ARTICLE 7: AVAILABILITY OF GOODS
These General Terms and Conditions are subject to French law.
In the event of an inability to reach an agreement, all conflicts arising from the execution of an order or the interpretation of these conditions, and more generally from agreements of any nature concluded between the parties, will be attributed:
- for a consumer, to the court of the place of his domicile on the day of the claim or at the time of conclusion of the contract or to the court of the place where the damaging event occurred;
- for a non-consumer, to the court of Bordeaux
ARTICLE 16: APPLICABLE LAW AND JURISDICTION
CONTACT US OR VISIT US
In the event that goods are destroyed before the scheduled delivery date and there is no available stock for replacement, the customer will be refunded the full amount paid, excluding any other compensation, within fourteen (14) days of the disaster date.
ARTICLE 8 : DESTRUCTION
1. COLLECTION AT POINTS OF SALE - CLICK AND COLLECT OPTION ONLINE STORE
To be collected within 3 working days following the chosen collection date in the sales cellar. After which time the Customer must make a collection appointment with the cellar staff. If the buyer has chosen to collect the goods from the Seller's point of sale, they will only be delivered to the person who placed the order, upon presentation of a valid ID. If the person who placed the order cannot go to the points of sale, they may ask a third party to come in their place. This person must have their own valid ID, a power of attorney drawn up and signed by the person who placed the order, and to which a copy of the person who placed the order's valid ID will be attached.
2. DELIVERY TO THE ADDRESS PROVIDED BY THE CUSTOMER
Deliveries may only be made from and to Metropolitan France, including Corsica.
It is specified that the Seller reserves the delivery of its products to a minimum order of 6 bottles (except in exceptional cases), whether it is composed of the same reference or several distinct references. In the event of an order with a delivery request, the latter specifies the place of delivery and information concerning specificities relating to this order. Any change in the place of delivery must be indicated by the Customer to the Seller by telephone, the number of which is specified on the Site and in any event 24 hours before the order is taken over by the carrier. The presentation of the goods at the place and on the date indicated by the Customer releases the Seller from its obligation to deliver.
3. DELIVERY TIMES
The standard indicative delivery time is eight (8) working days following the day of processing of the validated order (the order is processed within 48 hours of its validation), from Monday to Friday, between 9 a.m. and 6 p.m., except in exceptional circumstances (unforeseen circumstances or force majeure mentioned in Article 15). For deliveries on Saturday, the Seller must be consulted in advance by telephone.
4. DELIVERY TERMS
Deliveries are made in so-called "FRANCO" mode (incoterms 2010 DAP) to the address indicated by the Customer when ordering or recorded in their customer account.
Once their Order has been taken over, the Customer will be contacted directly by the carrier in order to set up a Delivery appointment with them.
IN "FRANCO" MODE, THE ORDER TRAVELS AT THE SELLER'S OWN RISK.
The risks attached to the Order are transferred from the Seller to the Customer at the time of delivery to the Delivery Location. It is therefore the Customer's responsibility to check AT THE TIME OF RECEIPT of the Order that it is complete and undamaged and to IMMEDIATELY inform the Seller of any damage or missing items, so that the latter can exercise any necessary recourse against the carrier within the legal time limits.
Upon delivery, the Customer is required to check the condition of the packaging as well as the contents of the package(s) upon delivery. In the event of missing items or transport damage (damaged box or with visible traces of opening, traces of liquid or wine stains, smell of alcohol indicating breakage, etc.), the Customer must refuse the Order or the damaged part of the Order, and indicate by an explicit and complete reservation on the delivery note the missing items and/or damage noted.
When the Customer signs the delivery note without reservation, the package is deemed to be delivered in conformity. The Customer's annotation on the delivery note "subject to unpacking" has no legal value.
In the event of an error in the Order, the Customer must refuse to receive the part of the Order that does not correspond, and indicate the error noted by an explicit and complete reservation on the transport documents. At the Customer's choice, the undelivered part of his order will be refunded or delivered at the Seller's expense, risk and peril, subject to the reality of the error motivating the refusal. Reservations made on the transport documents must be confirmed to the Seller within forty-eight hours (48h), so that the latter can, if necessary, exercise its recourse against the carrier.
ALWAYS CHECK YOUR ORDER UPON RECEIPT IN THE PRESENCE OF THE CARRIER
In the absence of complete and explicit reservations, the Customer is exposed to losing his right to claim and compensation against the Seller and the carrier, or to causing the Seller to lose his right to claim against the carrier.
a. Orders of less than (30) thirty bottles
The Seller's carrier, TNT, undertakes for orders of less than or equal to 30 bottles, both for standard deliveries and for express deliveries, to deliver the package to the Customer's home.
In the event of the Customer's absence, a delivery notice will be left and the package will be stored in a relay according to the delivery sector. The address and contact details of the relay will be indicated on the delivery notice. TNT allows express delivery with an indicative delivery time of 24 hours following the day of processing of the validated order. The Seller's partnership with TNT Express guarantees the Customer quality shipping and respect for the goods. If, exceptionally, the Customer should notice the absence of delivery within the timeframes indicated above, he must immediately notify the Seller to allow him to remedy the problem. The Seller undertakes to do everything possible to have the products delivered as soon as possible. Any delays do not entitle the Customer to cancel the sale, refuse the goods or claim damages.
b. Orders over (30) thirty bottles
For orders over 30 bottles, the package will be delivered to the Customer's home by a road carrier. The latter will contact the Customer by telephone to agree on a delivery time slot.
In the event of the Customer's absence during the agreed time slot, a second delivery will be planned by appointment using the same means and will give rise to a possible additional transport cost. Deliveries made by carriers correspond to rounds, no fixed time appointment can be required, only the delivery day can be agreed.
ARTICLE 9: COLLECTION FROM POINTS OF SALE OR DELIVERY
Shipping and packaging costs for mainland France are to be added according to the following scale:
Click and collect delivery is free.
Home delivery:
• From 1 to 5 bottles: €12.00
• From 6 to 11 bottles: €15.00
• 12 bottles: €20.00
• From 13 to 35 bottles: €25.00
• From 36 bottles or €300 of purchase: Free
Delivery to your workplace:
• From 1 to 11 bottles: €10.00
• 12 bottles: €15.00
• From 13 to 18 bottles: €20.00
• From 19 to 30 bottles: €25.00
Delivery to a relay point:
• From 1 to 11 bottles: €10.00
• 12 bottles: €15.00
• From 13 to 18 bottles: 25.00€
• From 19 to 30 bottles: 30.00€
Home delivery for areas that are difficult to access:
Additional charges apply for areas that are considered difficult to access.
• From 1 to 5 bottles: €16.00
• From 6 to 11 bottles: €19.00
• 12 bottles: €24.00
• From 13 to 35 bottles: €29.00
• From 36 bottles or €300 of purchase: Free
Delivery to your workplace for areas that are difficult to access:
• From 1 to 5 bottles: €14.00
• From 6 to 12 bottles: €19.00
• From 13 to 18 bottles: €24.00
• From 19 to 30 bottles: €29.00
Delivery to a relay point for areas that are difficult to access:
• From 1 to 11 bottles: €14.00
• 12 bottles: €19.00
• From 13 to 18 bottles: 29.00€
• From 19 to 30 bottles: 34.00€
Specific delivery charges apply for Corsica:
• From 1 to 5 bottles: 25.00€
• From 6 to 11 bottles: 35.00€
• 12 bottles: 40.00€
• From 13 bottles: 45.00€
Delivery to a relay point for Corsica:
• From 1 to 30 bottles: 25.00€
ARTICLE 10: SHIPPING COSTS
The customer has a right of withdrawal according to article L.121-20 of the consumer code, allowing them to cancel their order without justification. This right must be exercised within 14 days of receiving the goods by sending a written notification, either via a provided form or an email stating "Exercise right of withdrawal" along with personal and order details. Returned products must be in perfect condition, unopened, and undamaged. The seller must refund within 14 days of receiving the returned goods if they meet these conditions. If the withdrawal period ends on a weekend or public holiday, it extends to the next working day.
ARTICLE 11: RIGHT OF WITHDRAWAL
The Seller is liable for defects in conformity of the goods sold under the conditions of Articles L 217-4 et seq. of the Consumer Code and for hidden defects in the goods under the conditions of Article 1641 et seq. of the Civil Code.
When acting under the Legal Guarantee of Conformity, the Customer:
. Benefits from a period of two years from the delivery of the goods to act,
. Is exempt from providing proof of the existence of the lack of conformity of the goods during the first 24 months following the delivery of the goods,
. May choose between reimbursement or replacement of the goods with an identical or equivalent good depending on availability (same AOP/IGP but different vintage, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code) - subject to the recognition of the non-conformity by the Seller.
When acting under the Legal Guarantee of Hidden Defects, the Customer:
. Benefits from a period of two years from the delivery of the defect to act,
. May choose between reimbursement or replacement of the good by an identical or equivalent good depending on availability, or a reduction in the sale price - subject to having effectively demonstrated the existence of the alleged hidden defect.
It is recalled that the Products are living products, which require suitable storage conditions in order to preserve their organoleptic qualities. They must therefore be stored away from direct light, frost and heat - in a room at room temperature between 5 and 15°C for wines and between 5 and 25°C for spirits. Consequently, in the event that the non-conformity results from the sole failure of the Customer to comply with the storage conditions mentioned above, the latter will not be able to act under the guarantee against the Seller.
ARTICLE 12: CONFORMITY – QUALITY OF WINES
As part of placing an Order, and to enable the Seller to respond to the Customer's requests, the Seller needs a certain amount of information, including personal data such as the Customer's first and last name, telephone number and email address.
As the Data Controller of the Personal Data collected when placing an Order, the Seller makes every effort to protect them. The latter are stored on servers located exclusively in the European Union and are not transferred outside the European Union. The Seller will not send any offer or commercial communication (such as a Newsletter) without having obtained the express consent of the Customer by means of a box checked by the Customer or a request by email.
The processing schedule is established as follows:
. At the time of placing the Customer's order, his Personal Data as he completed it on the Order Form (last name, first name, product or service, delivery address, billing address, etc.) are recorded to be used in the context of the execution of his order and the management of his customer account. They may also, with the express agreement of the Customer, be used for sending offers and commercial prospecting. This Personal Data remains accessible by the Customer (modification) and by the Seller (viewing as part of the processing), in particular from his Member account, in order to allow the Customer and the Seller to have a complete history of the Orders. The Seller may delete them at any time upon simple request of the Customer
. Following collection, the Personal Data is kept for a period of five (5) years from the Customer's last Order.
. At the end of this period, the Customer will be considered an "inactive Customer", and his Personal Data will be deleted. For any new Order, the Seller must therefore request this information again.
However, at the end of this period of five (5) years, or where applicable from the Customer's request for deletion, his Personal Data may be archived in order to meet the Seller's legal, accounting and tax obligations (such as the obligation to retain invoices for a period of ten (10) years, set out in Article L.123-22 of the French Commercial Code).
The Seller undertakes to take all necessary precautions to preserve the security and strict confidentiality of the personal information transmitted by its Customers, and in particular to prevent unauthorized third parties from having access to it. This data will not be sold or transmitted to third parties without the Customer's prior consent, with the exception of the Seller's partner carriers for the proper execution of the Delivery of Orders.
When the Customer chooses to pay for the Order by Bank Card, he/she communicates to the Seller his/her bank card number, the expiry date and the cryptogram on the back of the card. This data is immediately transferred to his/her bank, and the Seller is not aware of this information. This is why this information will be requested from the Customer for each new order payment by Bank Card.
As part of the processing of the Customer's Personal Data, the Seller undertakes to comply with the French and European legislation in force applicable to the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable since 25 May 2018. Under the Regulation, the Customer has a right of access, rectification, limitation and opposition to the processing, portability and erasure of personal data concerning him/her.
These rights may be exercised with the Seller by written request accompanied by proof of identity and sent to the following address:
. By post: CHEVILLON, 2 ROUTE DE VENDAYS, 33340 GAILLAN-EN-MEDOC
. By email: contact@vignoblescruchon.fr
The Customer is entitled to withdraw his consent at any time with regard to the processing of his personal data. This right may be exercised by mail addressed to the Seller, at the contact details indicated above. For more information, please refer to our Privacy Policy and our Cookie Policy.
ARTICLE 13 – PERSONAL DATA
Neither party will be held responsible for non-fulfillment of obligations due to unforeseen circumstances or force majeure, as defined by Article 1218 of the Civil Code and case law. To claim force majeure, the affected party must notify the other within three business days of its occurrence via phone, email, or fax.
To invoke force majeure or unforeseen circumstances, the party must notify the other party as soon as possible and no later than three business days after its occurrence, using phone, email, or fax.
ARTICLE 14: CONTINGENCIES AND FORCE MAJEURE
The seller's customer service team is available to help resolve any issues arising from an order and its fulfillment amicably.
In the event of difficulties with the application of the General Terms and Conditions of Sale (CGV), the client should first and foremost contact the seller's customer service, addressing a written complaint to the provided address.
. By postal mail: CHEVILLON, 2 ROUTE DE VENDAYS, 33340 GAILLAN-EN-MEDOC
. By email: contact@vignoblescruchon.fr
If the client is not satisfied, they can access the free mediation service MEDICYS by visiting their website : www.medicys.fr (cliquant sur ce lien). Alternatively, the client may use the European online dispute resolution platform : https://webgate.ec.europa.eu/odr. If no amicable agreement is reached, the client may pursue legal action in the appropriate jurisdiction as specified later.
ARTICLE 15: AMICABLE RESOLUTION OF DISPUTES AND MEDIATION