General terms of sale
Last update date: February 23, 2024
These terms of sale are agreed upon by SAS Société Agricole du Domaine d’Estoublon, with a capital of €1 022 315, registered at the Tarascon Registry of Commerce and Companies under number 376 720 017, headquartered at Domaine d’Estoublon 13990 Fontvieille (hereafter referred to as “Château d’Estoublon“) and by any individual (hereafter referred to as the “Buyer” or “Buyers”) wishing to make a purchase through the Château d’Estoublon website, available at https://shop.estoublon.com/ (hereafter referred to as the “Site”).
Object
These General Terms of Sale (hereafter “GTS“) are intended to define the contractual relationships between Château d’Estoublon and the Buyer and the conditions applicable to any purchase made through the Site.
Purchasing a product through the Site implies unreserved acceptance by the Buyer of these GTS, via ticking a checkbox during the ordering process.
These terms of sale will prevail over all other general or specific conditions not expressly approved by Château d’Estoublon.
Château d’Estoublon reserves the right to modify the GTS at any time. In this case, the applicable conditions will be those in effect on the date of the order by the Buyer.
CHARACTERISTICS OF OFFERED GOODS
The products offered for sale are those listed in the catalog published on the Site, within the limits of available stock. The catalog photos are as faithful as possible but cannot ensure a perfect similarity with the product, especially concerning colors.
PRICING
The prices listed on the Site are inclusive of VAT applicable on the day of the order; any change in the rate may be reflected in the product prices. Château d’Estoublon reserves the right to modify its prices at any time, provided that the price listed on the Site on the day of the order will be the only applicable to the Buyer’s order.
The prices include order processing fees and do not include shipping and delivery costs. However, the Buyer accesses a summary of all applicable costs before definitively validating their order.
GEOGRAPHICAL AREA OF DELIVERY
The online sale of products presented on the Site is reserved for Buyers who reside in the list of countries mentioned below for deliveries required in this geographical area.
Delivery area: Germany, Andorra, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Monaco, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden.
ORDERS
The Buyer who wishes to purchase a product from Château d’Estoublon must:
- Be of legal age to procure and consume alcoholic products according to the law in force in their place of home, residence, or delivery location when purchasing a product containing alcohol;
- Add the chosen product(s) to their cart on the Site;
- Fill in the requested information, particularly their contact details (billing and delivery); and
- Pay for their order after verifying it.
Confirmation of the order entails acceptance of these terms of sale via the ticking of a checkbox, the acknowledgment of having fully understood them, and the waiver to claim any other purchase conditions.
All provided data and the recorded confirmation will serve as proof of the transaction. The confirmation will act as a signature and acceptance of the operations carried out. Château d’Estoublon will communicate by email a confirmation of the recorded order.
ACCOUNT CREATION
To facilitate the purchase of products and tracking of orders, the Buyer has the option to create an account on the Site.
To create an account, the Buyer must provide their email and set a password. The password must be at least nine (9) characters long.
The Buyer can access their account using their username and password. They must then enter all the required information from their account. Required information is indicated by an asterisk.
The Buyer undertakes to provide accurate information and update it immediately in case of changes.
This information can be modified at any time from the account settings.
In case of loss, theft, or fraudulent use of the password or account, the Buyer must immediately renew their password following the “Forgot password?” procedure at the time of connection.
Otherwise, Château d’Estoublon cannot be held responsible for any consequential damages from the use of the password or account by an unauthorized person.
PRODUCT AVAILABILITY
Château d’Estoublon reserves the right to withdraw at any time any product displayed on the Site and to replace or modify any content or information appearing on it.
Château d’Estoublon cannot be held responsible for any damaging consequences resulting from the removal of a product from the Site, or from the replacement or modification of any content or information on the Site.
WITHDRAWAL
Every consumer purchaser, as defined by the Consumer Code, has a withdrawal period of fourteen (14) days from the date of receipt of their order delivery.
To exercise the right of withdrawal, the Buyer may use the withdrawal form provided in the appendix and send it to contact@estoublon.com.
Within this period, the consumer Buyer may return the product without penalty.
The return costs are the responsibility of the Buyer.
The Buyer must return the order according to the instructions provided by Château d’Estoublon, without undue delay and, at the latest, within fourteen (14) days following the communication of their decision to withdraw in accordance with Article L. 221-21 of the Consumer Code.
The refund of the order by Château d’Estoublon will be made no later than fourteen (14) days from the date of receipt of the decision to withdraw.
However, Château d’Estoublon may defer the refund until:
- it has received the product(s), or
- the consumer Buyer has provided proof of shipment of the product(s) (by sending a photo of the package before closure and a copy of the proof of deposit of the package stamped by the Post Office or the carrier containing the package number).
It is specified that the date retained by Château d’Estoublon is that of the first of these events.
Returned products will be subject to inspection by our quality control service. We may deduct from the refund any loss or reduction in value of the products if this loss or reduction in value results from unnecessary handling of the products (for example: product returned without its original packaging intact (unopened)).
We will perform the corresponding refund, including the standard delivery charges (excluding any additional costs arising, for example, from choosing an accelerated method) of the initial delivery, using the same means of payment as used for the original transaction unless the consumer Buyer has agreed in advance to a different method of refund.
Exception to the right of withdrawal: Exceptionally, if a food product purchased on the Site has been opened by the Buyer, the right of withdrawal does not apply for reasons of hygiene and health protection (Article L.221-28, 5° of the Consumer Code).
PAYMENT TERMS
The price is due at the time of order. Payments will be made by credit card; they will be carried out through our secure payment provider, Payplug, such that the information transmitted is encrypted by software and that no third party can have access to it during transmission over the network. The information is transmitted directly to our provider who manages the debit authorizations. Château d’Estoublon will therefore not have access to this data at any time. The Buyer’s account is automatically debited at the time of the product order.
All invoices are available from the Buyer’s account or sent by email.
DELIVERIES
The delivery time is two (2) to five (5) working days (France) and five (5) to six (6) working days (EU and Andorra) on average after validation of your payment.
Deliveries are made to the address indicated at the time of the order on the Site, which can only be within the agreed geographical area. The Buyer must take all measures and provide all useful information for the smooth running of the delivery.
Deliveries are made to the ground floor only. Delivery times are given as an indication only; if these exceed thirty (30) days from the order, the sales contract may be terminated and the Buyer refunded.
Château d’Estoublon cannot be held responsible for a delivery delay or loss of products if the Buyer has provided an incomplete or incorrect address or if the Buyer does not retrieve their products from the carrier within the allotted time.
Upon receipt of the order, the Buyer must check the condition of the product(s), their packaging, and contents in the presence of the transport company employee.
In case of damaged products, the Buyer must notify this immediately at the time of delivery to the carrier.
WARRANTY
All products supplied by Château d’Estoublon benefit from the legal warranty provided by Articles 1641 and following of the Civil Code. In case of non-conformity of a product sold, it may be returned to Château d’Estoublon, which will take it back, exchange it, or refund it. All claims, requests for exchange, or refunds must be made by mail to the following address within thirty (30) days from the delivery:
Château d’Estoublon
Route de Maussane
13990 Fontvieille
France
The consumer has a period of two (2) years from the delivery of the goods to enforce the legal warranty of conformity in case a defect of conformity appears. During this period, the consumer is only required to establish the existence of the defect of conformity, not the date it appeared.
When the sales contract for the goods includes the provision of digital content or a digital service continuously for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the entire period of provision. During this period, the consumer is only required to establish the existence of the defect of conformity affecting the digital content or digital service, not the date it appeared.
The legal warranty of conformity obligates the professional, if necessary, to provide all updates required to maintain the conformity of the goods.
The legal warranty of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.
If the goods are repaired under the legal warranty of conformity, the consumer benefits from an extension of six months of the initial warranty.
If the consumer requests the repair of the goods, but the seller imposes a replacement, the legal warranty of conformity is renewed for a period of two years from the date of the replacement of the goods.
The consumer can obtain a reduction in the purchase price by retaining the goods or terminate the contract by getting a full refund against the return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods occurs after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience for the consumer, especially when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if they bear the costs of installing the repaired or replaced goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to comply.
The consumer also has the right to a reduction in the price of the goods or to terminate the contract when the defect of conformity is so serious that it justifies an immediate price reduction or contract termination. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to terminate the sale if the defect of conformity is minor.
Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty that remained in effect until the delivery of the repaired or replaced goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the consumer code.
A seller who in bad faith obstructs the implementation of the legal warranty of conformity faces a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the consumer code).
The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the civil code, for a period of two (2) years from the discovery of the defect. This warranty entitles them to a price reduction if the goods are kept or a full refund against the return of the goods.
RESPONSIBILITY
Château d’Estoublon cannot be held liable for non-performance or poor performance of the General Terms and Conditions in cases of:
(i) Force majeure,
(ii) Occurrences attributable to the Buyer, or
(iii) Any unforeseeable and insurmountable inconvenience or damage inherent to a third party, particularly resulting from the use of the Internet such as data loss, intrusion, viruses, service interruption, or other accidental damages.
INTELLECTUAL PROPERTY
All elements of the Site, including but not limited to, rights related to textual, graphic, sound, video, software, databases, logos, data, trademarks, animations, or any other nature of elements composing the Site, are and remain the exclusive intellectual property of Château d’Estoublon. No one is authorized to reproduce, exploit, redistribute, or use for any purpose, even partially, any elements of the Site whether they are software, visual, or sound elements.
The use of the Site or the creation of an account does not confer on Buyers or Internet users any rights over the intellectual property mentioned above.
PERSONAL DATA
The personal data of the Buyer are processed in accordance with the regulations on the protection of personal data as described in the Privacy Policy.
FORCE MAJEURE
In the event of a force majeure event preventing the execution of these General Terms and Conditions, Château d’Estoublon will inform the Buyer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt.
All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event extends for more than three (3) months, the transaction concerned may be terminated at the request of either Château d’Estoublon or the Buyer without compensation from either party.
ARCHIVING – PROOF
Château d’Estoublon will archive the order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1379 of the Civil Code. The computerized registers of Château d’Estoublon will be considered by the parties as proof of the communications, orders, payments, and transactions that have occurred between the parties.
All information, content, and elements exchanged electronically between the Buyer and Château d’Estoublon constitute valid, admissible, reliable, enforceable proof with the probative force of a private deed, unless proven otherwise.
The absence of an electronic signature or written document cannot in any case be invoked to challenge the validity or the probative force of the exchanges, transactions, and communications carried out between the Buyer and Château d’Estoublon.
By accepting these General Terms and Conditions, the Buyer acknowledges and accepts the validity of this proof agreement.
CONTACT DETAILS
For any questions related to an order, you can reach us:
- By email at contact@estoublon.com;
- By mail at Château d’Estoublon, Domaine d’Estoublon, 13990 Fontvieille;
- By phone at +33 (0)4 90 54 64 00 (toll-free number) Monday to Friday from 9 am to 5 pm.
DISPUTE RESOLUTION
These General Terms and Conditions are subject to French law.
SHIPPING FEES
The amount of shipping fees depends on the delivery zone and the weight of the package and will be available at the time of the order summary.
APPENDIX: Withdrawal Form for Consumer Buyers:
To the attention of Château d’Estoublon, contact@estoublon.com
I hereby notify you of my withdrawal from the contract concerning the sale of the item(s) listed below:
Product identification:
Ordered on ……………………….. (date of order) and/or received on ……………………….. (date of delivery)
Your name and surname:
Your address:
Your order number:
Date:
