Terms of sale
Preamble
These Terms of Sale are agreed between, firstly
- The Château Demonpère SAS Company, hereinafter Château Demonpère, a simplified joint-stock company with a capital of €4,550,000 and headquartered at Luc en Provence, La Pardiguière, Route des Mayons, registered in the Draguignan Trade and Companies Registry under number 533 060 885, and secondly,
- Any natural or legal person wishing to make a purchase on the www.chateau.demonpere.com website, which is managed by Château Demonpère SAS, hereinafter referred to as “Customer.”
Article 1: Purpose
These Terms of Sale are to define the rights and obligations of the buyer related to the products sold in the www.chateau.demonpere.com online catalogue, access to which is free and open to all Internet users. In case of an effective order, the contract falls within the regulations of distance selling and is subject to French law (particularly to Articles L121-16 to L121-20 of the Consumer Code).
The products and prices on the www.chateau.demonpere.com website are only valid once they are visible on the website, subject to availability. Château Demonpère SAS may change these Terms of Sale at any time, subject to making these changes visible on the www.chateau.demonpere.com website. In this case, the applicable terms are those in effect on the buyer’s order date.
These Terms of Sale shall prevail over any other general or specific conditions that are not expressly approved Château Demonpère.
When the Customer checks the box “I have read and Terms of Sale and I freely agree to them” before proceeding to secure payment, this constitutes an irrevocable acceptance which can be challenged only in cases provided in these Terms of Sale under the heading “withdrawal and return rights.” By this act, the Customer acknowledges that he/she has read and understood these terms and accepts them.
The confirming the order implies that the purchaser accepts the current TOS on the order date, which are maintained and reproduced by Château Demonpère pursuant to Article 1369-4 of the Civil Code. The Customer warrants that he/she is fully authorized to use the credit card that he/she uses, and that it is a personal card and is not being used fraudulently. The Customer must declare to be at least eighteen years old and have the legal capacity, or hold legal authorization, allowing him/her to access the Internet and purchase online. Château Demonpère reserves the right to refuse an order from a customer with whom there is a dispute.
Article 2: Protection of Minors
By confirming his/her order and the Terms of Sale, the buyer guarantees to be 18 years old on the date of the order.
Alcohol abuse is dangerous for health, consume in moderation. http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000344577&dateTexte=&categorieLien=id
Article 3: Products
The products for sale on the website each show a description by clicking on them. This description mentions the essential characteristics of the product based on Article L. 111-1 of the Consumer Code.
Artisanal products are subject to slight variations in shape, weigh, size, and colour. Product photographs and descriptions in the online catalogue at www.chateau.demonpere.com are not contractual and Château Demonpère SAS cannot be held liable by the Customer in case of error. The products for sale comply with current French legislation. Château Demonpère SAS is not responsible in cases of non-compliance with the legislation of the country where the products are to be delivered. It is the buyer’s or recipient’s responsibility to check with local authorities about the importing and use of the product. Château Demonpère SAS cannot be held responsible for any accidents or damage that may occur when using the items sold. The products in the www.chateau.demonpere.com catalogue are subject to the legal warranty against hidden defects provided by Article 1641 of the Civil Code.
Article 4: Orders
Customers can place orders with Château Demonpère SAS on the www.chateau.demonpere.com website, 24 hours a day/7 days a week. The ordering process consists of several stages. Once the customer has completed the selection of his/her products and confirmed his/her shopping cart, he/she must:
After selecting the method of payment, the Customer must make his/her payment for the order on the secure interface, which will formalize a firm and final sales contract that binds him/her to Château Demonpère.
An email is automatically sent to the Customer to confirm the order being accepted, provided that the email address in the registration form contains no errors. The Customer must verify the completeness and accuracy of the information provided to Château Demonpère.
Château Demonpère reserves the right to refuse any order for legitimate reasons and, in particular, if the quantities of products ordered are abnormally high for buyers that should be consumers.
Château Demonpère cannot be held responsible for any data entry errors or any consequences of this in terms of delay or delivery error. In this context, the Customer will be responsible for all costs incurred for re-sending.
The Customer may get an update on the status of his/her order at any time by sending an email to SAV@chateaudemonpere.fr.
The filing of communications and invoices is made on a reliable and permanent server in order to produce a true and durable copy pursuant to Article 1348 of the Civil Code.
These communications and invoices can be produced as proof of the contract.
Article 5: Availability
Château Demonpère shall accept your order based on the terms of these Terms of Sale. Château Demonpère will strive to process all orders depending on available inventory. When ordering, you will be informed of the availability of the products you wish to purchase. However, if products are temporarily unavailable (out of stock, new editions, etc.) after you place your order despite our best efforts, you will be notified by email. If the products will be permanently unavailable (sold out, etc.) after you place your order, Château Demonpère will automatically cancel your order. You will be notified by email and the amount paid by the Customer for the unavailable item will be credited into his/her bank account within a maximum of thirty days.
Article 6: Prices
The price of an item is the effective price listed on the order date and include the VAT applicable on the order date.
The prices listed on the product descriptions are expressed in euros (all taxes included) and do not include the costs of shipping and handling, in accordance with Article L. 113-13 of the Consumer Code.
Château Demonpère reserves the right to change prices at any time, except in orders that have already been placed by the Customer. The Customer does not become the owner of a product until he/she submits full payment for the product.
For promotions, Château Demonpère shall apply the promotional price to all orders placed during the promotion period.
The added tax value is set at 20% for wines and accessories, and 5.5% for Org. Olive Oil.
Article 7: Payment Terms
Ordered products are to be paid in full at the time of order and in euros.
Information submitted is encrypted by software and no third party can get access to it through the network.
The Customer warrants that he/she has the required permission to use the payment method chosen by him/her at the time of validating the order.
In case of non-payment or payment authorization refusal by accredited organizations, Château Demonpère reserves the right to refuse an order.
Credit/Debit: the online payment section lists the types of cards that are accepted. Credit/Debit cards issued by banks outside of France must be international cards.
Payment is secured through the 3D Secure by receiving an SMS before confirming payment.
Article 8: Shipments
You are responsible for any risks regarding the ordered products after they leave our premises. A delay in shipping will not be grounds to cancel any order, get a price reduction of the amount paid, if the product is delivered to the Customer within 30 days, meaning 21 working days after order confirmation. The main geographical delivery area is mainland France, Corsica, Monaco and Andorra.
For delivery requests out of the mainland France area, please contact Château Demonpère by email.
Château Demonpère reserves the right to refuse delivery to PO Boxes.
Orders are processed and shipped:
These times are for all geographic areas that are served daily, so they are subject to area accessibility and the transportation route. Thus, remote areas do not meet these conditions.
Deliveries are made by a carrier and delivered with a signature.
The carrier regularly calls before delivery to be there at the Customer’s specified preferred time.
If the Customer is not there at the specified delivery time, the carrier will leave a notice at the specified delivery address, providing contact information so that the Customer can contact him/her to arrange another delivery date by appointment.
If the carrier does not hear from the Customer, the packages are kept for five days by the carrier.
After this period, the products will be automatically returned to Château Demonpère, which reserves the right to refund the price to the Customer minus postage costs.
Deliveries are made Monday through Friday. When ordering, you must report any specific accessibility problems.
Shipping costs are calculated as accurately as possible according to the weight and size of the order. They include packaging, handling and shipping charges and taxes.
To pay only for shipping, you will proceed to that payment first, and pay by check or bank transfer. Once a payment is received, we will return the said products to you.
If the delivery of a product is abnormally late, the Customer must contact Château Demonpère by email or phone to see if the package is still pending or awaiting delivery at the carrier. If applicable, the Customer should send a reasoned complaint to Château Demonpère (SAV@chateaudemonpere.fr) within five business days from the delivery date, to pursue a case file or an investigation to find the package. For delays due to Château Demonpère, they will deal with Customers on a case by case basis.
The Château Demonpère warranty is strictly limited to replacements within a reasonable time or refunds at our discretion for defective or non-compliant products that are determined so after we examine product.
A delay, even significant, cannot be a valid reason to file a case, refuse delivery, or take any action for damages of any kind.
Article 9: Reception – Reserves
The delivered goods remain the property of Château Demonpère until the Customer has fulfilled all his/her obligations to Château Demonpère, particularly until full payment.
This retention of property does not prevent the transfer of risks that will be your responsibility from the date that the ordered products leave our premises in accordance with Article 8.
Upon delivery, Château Demonpère notes that it is the Customer’s responsibility to inspect packages in the presence of the carrier as soon as they are received, notify any anomaly (damaged package, delivery date not in accordance with the normal delivery time, number of packages not in accordance with the order) to the carrier, and also to notify the Château Demonpère, within three business days. The Customer will refuse any damaged goods and notify the carrier. Without reservation, the product is deemed to be accepted by the Customer and shall not be subject to any dispute concerning its delivery.
Article 10: Filing – Proof
Château Demonpère archives purchase orders and invoices on a reliable and permanent server in true copies in accordance with the provisions of Article 1369-4 of the Civil Code. Château Demonpère’s records will be considered by the parties as proof of communications, orders, payments and transactions between them.
Article 11: Cancellation Rights
In regards to distance selling (without the simultaneous physical presence of the parties), the Customer has, in accordance with Article L 121-20 of the French Consumer Code, within 7 (seven) days from the delivery of his/her order to exercise his/her cancellation rights and return the product to Château Demonpère.
Château Demonpère will then refund the full amount paid to the Customer, including the original shipping costs, within 14 (fourteen) days from the exercise of this right, by crediting his/her bank account, without penalty, except the return costs which are still the Customer’s responsibility.
The return request must be made by email to SAV@chateaudemonpere.fr, specifying full contact details, date, order reference number and, if desired, the reason for the return.
Château Demonpère suggests that the Customer returns his/her products via Colissimo Suivi or by registering for additional insurance on the market value of the products that will guarantee, if necessary, compensation for products up to their real market value in case of theft or loss of the goods. Cash-ondelivery returns are not accepted. In all cases, the Customer assumes all risks for the return.
It is the Customer’s responsibility to keep proof of the return.
Returned products must not have been damaged or used in any way, and they should be in perfect condition for resale and in their original packaging. Château Demonpère reserves the right to reject, in whole or in part, the repayment of any product that is returned, damaged or incomplete.
After this 7 days (seven) period, the products will be deemed to be consistent with your order and accepted by you.
Article 12: Warranties
The majority of products sold by Château Demonpère are wine and organic olive oils, which are posted on the www.chateau.demonpere.com website, and sold as such.
The photographs in the catalogue are as accurate as possible but do no guarantee an exact similarity with the product offered. They have no contractual value.
Legal Warranty
All products supplied by the professional seller have the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-14 of the Consumer Code and the legal guarantee against hidden defects under Articles 1641 to 1649 of the Civil Code.
Warranty for Conformity and Hidden Defects
The Customer is protected by the provisions of the legal guarantee concerning product conformity and hidden defects according to Articles L.211-1 to L.212-1 of the Consumer Code, and 1641 to 1649 of the Civil Code.
He/she must inspect the products, or have them inspected by a competent person, upon delivery to identify, detect, or reveal the possible non-conformity of products as well as their technical specifications, faults or defects.
The Customer shall send back any defective or non-conforming item at no cost to him/her.
The transportation risks for returning the product are the Customer’s responsibility.
In case of complaint, the corresponding action must be brought within two years of discovering the defect in the case of defect, and after delivery in the case of non-conformity.
In the absence of a detailed and reasoned claim by the Client within this period, this right will be forfeited and there can be no claims for defect and/or non-conformity.
In the case of non-conformity, the Customer has the choice between a repair or replacement of the item(s). If Château Demonpère cannot execute these options, the Customer can return the item and get a refund.
In case of defect, the Customer has the choice of returning the item and getting a refund, or keeping the item and getting refunded part of the price, which will be determined by experts.
Any deterioration of the products by the Customer, especially through abnormal use of the item, however small, will cause the loss of these guarantees.
Warranty for Defective Products
The Customer is expressly informed that Château Demonpère produces the products on the www.chateau.demonpere.com website, within the meaning of Law No. 98-389 of 19 May 1998 concerning liability for defective products, set out in Articles 1386-1 et seq. of the Civil Code.
Therefore, in case of damage to a person or property by a defect in the product, the Customer may only pursue the producer’s responsibility, except in cases of application of Article 1386-7 the Civil Code.
Château Demonpère notes that wines are only intended for adults. Alcohol abuse is dangerous for your health.
Article 13: Liability
Château Demonpère cannot be held liable for the Customer’s non-compliance with legislation in the countries where the products are to be used or delivered to (censorship, banning of a title or an author).
It is the Customer’s responsibility to check with local authorities regarding any limitations on the importation or use of the products ordered.
Château Demonpère, in regards to online sale processes, is only bound to use its best efforts. It cannot be held liable for damages resulting from using the Internet.
Château Demonpère cannot be held liable for any damage resulting from using the goods sold for any uses other than moderate consumption for tasting.
Château Demonpère shall not be liable for a breach of contract (including delayed delivery) due to circumstances that are unforeseeable, insurmountable and beyond its control, particularly including cases of force majeure.
Article 14: Intellectual Property
All the components of the www.chateau.demonpere.com website are and remain the exclusive intellectual property of Château Demonpère. No one is allowed to reproduce, use, repost, or utilize the components of the website, even partially and for any purpose whatsoever, whether they are editorial or visual. The text, comments, articles, illustrations, and images in the online store are protected by copyright.
As such and in accordance with the Intellectual Property Code, only private and complimentary activities that are carried out exclusively within the family circle and copies or reproductions that are strictly reserved for private use and not intended for collective use are allowed.
Without Château Demonpère’s prior written authorization, any other use constitutes infringement and is punishable under the Intellectual Property Code, and offenders will be prosecuted.
The reproduction, representation, public exposure, commercial exploitation in any way whatsoever, and/or resale of products is strictly prohibited, except with Château Demonpère’s prior written consent. If the Customer disregards this Article, he/she would be violating copyrights (which are Château Demonpère’s sole property) and will be held responsible.
Article 15: Data Protection
The information collected by Château Demonpère for an order is subject to being used digitally in order to manage the transaction. The data collected is confidential and Château Demonpère shall not to disclose any Customer details to a third party.
In accordance with Articles 38 and 39 of the “Data Processing Act” Law of 6 January 1978, amended by the Law of 6 August 2004, the Customer has a right to access and correct his/her data. He/she can exercise this right that by sending an email to SAV@chateaudemonpere.fr. The Customer may also, for legitimate reasons, oppose the processing of his/her data.
Article 16: Dispute Resolution
In case of dispute between you and Château Demonpère, our goal is to offer a neutral and inexpensive way to resolve it quickly. Before initiating legal proceedings, we encourage you to contact us first to seek a solution by emailing SAV@chateaudemonpere.fr. We will consider reasonable requests for dispute resolution through alternative procedures, such as mediation.
These Terms of Sale, and all acts deriving therefrom, are covered under French law. In case of a dispute or claim relating to the application or interpretation of these Terms of Sale, the competent courts are determined by the jurisdiction rules that are applicable to contractual matters.
These Terms of Sale are subject to French law. All disputes concerning the business relationship between you and us are subject to the exclusive jurisdiction of French courts.
Article 17: Overview
If any of the terms contained in the Terms of Sale would be considered illegal or unenforceable, the remaining provisions of these Terms of Sale remain in force. The titles of the various articles contained in these Terms of Sale are purely indicative and do not necessarily determine the precise contents of the articles to which they refer. Our lack of response to a violation to these Terms of Sale by you or anyone else does not affect our right to react to subsequent or similar breaches. We do not guarantee that we will take action on all violations to these Terms of Sale.
These Terms of Sale constitute the entire agreement between us regarding the subject matter herein. The provisions referred to in the articles entitled Liability and Dispute Resolution remain in effect after the termination or expiration of these Terms of Sale, as well as all provisions that must reasonably exist beyond the end of the contract.
Article 18: Legal Notice
The www.chateau.demonpere.com website is edited by the Château Demonpère SAS Company, France. SIRET No.: 533 060 885 00027 – APE: 0121Z
Excise No.: FR 012 889 E 0657 – Intra-community TVA No.: FR 24533060885
Email: chateau@demonpere.fr
