General terms and conditions of sales
1. Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the SAS DOMAINE RAPHAEL represented by Céline and Adil Bouab,to natural persons of legal age, whether professional or private, wishing to acquire the products offered for sale by Château La Comédie on the website: chateaulacomedie.fr.
SAS Domaine Raphael:
Siret number: 82539706000039
In particular, they specify the conditions of ordering, payment, delivery and management of any returns of products ordered by Customers.
These GTCs may be supplemented by special conditions, stated on the Website, before any transaction with the Customer.
These GTC are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
These GTC may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the Website on the date the order is placed. The modifications of these GTC are opposable to the users of the Internet Site as from their on-line publishing and cannot apply to the transactions concluded previously. No special condition may, unless formally accepted in writing by the seller, prevail against the conditions hereafter expressed.
Château La Comédie undertakes to accept orders placed via the Internet under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.
In case of stock shortage, we will inform you of the supply time necessary to obtain the desired product or we will propose you a replacement product.
By validating the order, the customer declares to have taken knowledge and to accept the entirety of the present General Conditions of Sale.
All orders will only be taken into consideration after payment has been received and will be confirmed by Château La Comédie by e-mail. The Customer may, at any time, check the details of his order as well as its total price and correct any errors, before confirming his order to express his acceptance.
It is the Customer’s responsibility to verify the accuracy of the order and to report or rectify any error immediately.
Any order placed, validated by the Customer and confirmed by the Vendor, under the conditions and according to the methods described above, on the Internet Site constitutes the formation of a contract concluded at a distance between the Customer and the Vendor.
The Vendor reserves the right to cancel all orders that do not comply with the terms of the contract or that are doubtful, as well as those from a customer with whom there is any dispute. Any modification of the order after confirmation is subject to acceptance.
Except for the particular cases explicitly specified, the prices indicated are expressed in euros and are inclusive of all taxes (applicable VAT, excise and all other applicable taxes). The prices displayed do not include delivery charges. Delivery costs will be calculated at the time of payment.
4. Validity of offers
The products are proposed except sale and without engagement.
The seller cannot be held responsible for a possible stock shortage which would lead to a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, the Seller undertakes to inform the customer as soon as possible.
In agreement with the customer, the Seller will be able to modify the order, or will proceed to the refunding of the unavailable products.
The products available on the website are delivered only in continental France.
For any other delivery a quotation of the shipping costs will be sent to you and will have to be validated before sending. The standard delivery time can vary from 4 to 10 working days from the reception of the payment by our care. The non working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. The products are delivered to the address that the customer has indicated. Orders placed on weekends or on holidays or closed days are validated on the next working day.
The customer commits himself to give exact information on the coordinates of the recipient (name, first name, complete address, place, postal code, city, door code, fixed or cell phone number). In case of erroneous or missing information when ordering, Château La Comédie cannot be held responsible for the impossibility of delivering the products in the right place and time. The customer will be informed by the carrier by phone to agree on a delivery day between Monday and Friday. In case of absence at the agreed appointment, the costs of another delivery will be charged to the customer.
We commit ourselves to do everything possible to deliver the ordered products according to your order. If however you notice the slightest anomaly, or if a box seems defective to you, we advise you to report it imperatively on the transport slip presented by the deliverer with the usual reserves in writing and to report it to us within 3 days by telephone at 06 86 42 46 52 or by email: email@example.com.
In case of refusal of the carrier to attend the unpacking, write on the slip: “delivery with reserves because the carrier refused to stay during the inspection of the package”.
6. Right of withdrawal and return
In accordance with the provisions of Article L.221-18 of the Consumer Code, the customer has a period of fourteen clear days from the delivery of his order to return the item delivered for credit or refund, at the customer’s option, without penalty except for return costs. The procedure to follow is as follows:
• The customer notifies his decision to withdraw from the contract to Château La Comédie 4 Lieu-dit LES LANDES
33350 SAINTE-COLOMBE, email: firstname.lastname@example.org or by means of a statement without ambiguity specifying his contact details and allowing the identification of the products – in particular the number of the order concerned and the references of the products he wishes to return.
• The customer shall return the product(s) concerned to the address Château La Comédie, 4 Lieu-dit Les Landes
33350 SAINTE-COLOMBE, within a reasonable time and, at the latest, within 14 calendar days following the communication of the customer’s decision to withdraw.
• The products must be returned in their original condition and complete (bottles corked, without cutting the cap or wax, or alteration of the neck) in a packaging identical to that used at the time of shipment, accompanied by a proof of purchase or a copy of the invoice(s).
The Seller undertakes to reimburse the customer after notification of the withdrawal and under condition of the return of the products. The expenses of return of the product remain with the load of the customer.
In application of the provisions of article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for certain contracts (cf. article 10): and in particular products personalized at the request of the Customer, as well as alcoholic beverages whose delivery is deferred beyond thirty days and whose value depends on the fluctuation of the market.
Pursuant to the provisions of Article L.221-18 of the Consumer Code, the customer has a period of fourteen clear days from the delivery of his order to return the item delivered for credit or refund, at the option of the customer, without penalty except for return costs.
The procedure to follow is as follows:
Payment for products purchased from the Vendor is due in full when the order is placed. Payments are made by credit card (secure online payment service by Credit Agricole).
8. Reservation of ownership
In accordance with the law of May 1, 1980, the products delivered to the customer are sold under reserve of property. The transfer of ownership is subject to the full payment of the price of the products by the customer, on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, the Seller may claim ownership of the products at the expense and risk of the customer.
9. Personal information
n accordance with the law of May 1, 1980, the products delivered to the customer are sold under reserve of property. The transfer of ownership is subject to the full payment of the price of the products by the customer, on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, the Seller may claim ownership of the products at the expense and risk of the customer.
Membership of the Website requires the customer to provide a certain amount of personal data.
The information that must be provided is indicated by an asterisk.
This data, necessary for the processing of the order and the management of commercial relations between Château La Comédie and its customers, is secured, kept confidential and is not used for commercial purposes by third parties.
In accordance with the regulations on personal data, you have the right to access, rectify, update and withdraw your consent at any time. These rights can be exercised by simple request by writing to us at the email address email@example.com or by mail to the address Château La Comédie, 4 Lieu-dit Les Landes
33350 SAINTE-COLOMBE indicating your contact information (name, first name, address).
The texts and photos presented are only indicative and do not constitute a contractual commitment guaranteeing a perfect similarity between the product presented and the product ordered.
11. Applicable law
The language of this contract is French.
All the clauses of the present General Terms and Conditions of Sale, all transactions and purchases made from the website as well as by mail and telephone are governed by French law.
Any dispute that cannot be settled amicably shall be referred to the courts of the registered office of SAS Domaine Raphael.
12. Protection of minors and legal notices
In accordance with current legislation, the sale of alcohol to minors under the age of eighteen (18) is prohibited.
The customer agrees to be at least 18 years old when placing an order on the website.
The abuse of alcohol is dangerous for your health, consume with moderation. The consumption of alcohol during pregnancy, even in small quantities, can have serious consequences on the health of the child.
13. Intellectual Property
The sales contract concluded between the customer and Château La Comédie does not entail any transfer of intellectual or industrial property rights.
The reproduction or representation of all or part of one of the distinctive signs appearing on the site is strictly forbidden and must be subject to prior written authorization. The elements reproduced on the chateaulacomedie.fr website, exclusive property of the editor, are protected by copyright, trademark law and patent law.
Any reproduction and any diffusion of these elements, without prior written authorization of the editor, expose the offenders to legal proceedings.
14. Contractual provisions
The nullity of a contractual clause does not entail the nullity of all the General Conditions of Sale.
The present General Conditions of Sale can be modified at any time: the applicable General Conditions of Sale are those in force on the site at the date of the order placed by the customer.
15. Responsibility – Force majeure
Château La Comédie cannot be held responsible in the event of non-performance or poor performance of the contract due either to the customer’s fault, or to the unforeseeable and insurmountable external fact of a third party, or to an act of God.