Welcome to our website www.chateau-carrosse-martillac.com
Request: read carefully the Terms and Conditions of Sale (the "TC") before using our website
They may be led to change to consider applicable regulations.
PREAMBLE
Since 2015 the Miailhe family owns the Château Carrosse Martillac. At the centre of Pessac-Léognan region, Ghislain and Julien (the brother) produce their wines by combining different exceptional terroirs of their vineyard.
ARTICLE 1 - Scope of application
These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the Groupement Foncier Agricole de la Salle ("the Seller") with professional buyers ("the Buyers or the Buyer") for the Goods for sale by the Seller ("Goods") on the website.
For instance, they specify the conditions of order, payment, delivery and management of any returns of Goods ordered by Buyers.
These Terms and Conditions of Sale may be supplemented by special conditions, mentioned on the website, prior to any transaction with the Buyer.
These Terms and Conditions of Sale apply to the exclusion of all other conditions, particularly those applicable to sales in shops or through other distribution and marketing channels.
They are available 24/7 on the website and will prevail, if necessary, over any other version or any other contradictory document.
As these Terms and Conditions of Sale may be led to subsequent modifications, the version applicable to the Buyer's purchase is the one in effect on the date of order (website).
Changes to these Terms and Conditions of Sale are binding on users of www.chateau-carrosse-martillac.com from the date they are put online and cannot apply to transactions concluded previously.
Any order on behalf the Buyer implies the acceptance of these Terms and Conditions of Sale and the terms and conditions of use of the Seller's website for electronic orders. Consequently, the Buyer acknowledges having the legal capacity to enter herein by completing the order form.
The details in the Seller's catalogues, brochures and price lists are given for information only and may be revised at any time. The Seller has the right to make any changes that he deems useful.
In accordance with the regulations in force, the Seller reserves the right to derogate from certain clauses of these Terms and Conditions of Sale, depending on the negotiations conducted with the Buyer, by drawing up Special Terms and Conditions of Sale.
ARTICLE 2 - Goods for sale
The Goods for sale on the website www.chateau-carrosse-martillac.com are hereinafter:
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Château Carrosse Martillac: First wine of the estate,
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L' équipage du Carrosse Martillac: Second wine of the estate.
The main characteristics of the Goods and particularly the specifications, pictures and indications of the dimensions or capacity of the Goods are presented on the website www.chateau-carrosse-martillac.com.
The Buyer must read them before placing an order.
The Buyer is completely responsible for the choice and purchase of Goods.
The pictures and graphics displayed on the website www.chateau-carrosse-martillac.com are not contractual and shall not engage the Seller’s liability.
The Buyer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times and in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and English and is subject to confirmation at the time of validation of the order by the Buyer at the latest.
ARTICLE 3 - Validity
The offers are determined by the availability of stocks, as specified while placing the order.
ARTICLE 4 – Seller’s contact details
The Seller's contact details are as follows:
GFA DE LA SALLE
Registered at RCS of Bordeaux under the number 327 632 337.
Lieudit " La Salle "
33650 MARTILLAC
06 70 50 76 98
In accordance with the French Data Protection Act of the 6th of January 1978, reinforced and completed by the RGPD (general regulations on data protection) which came into effect on the 25th of May 2018, the Buyer has, at any time, the right to access, rectify, oppose, erase and transfer all of its personal data by writing, posting and providing proof of his identity to the aforesaid address.
Validation of the order by the Buyer constitutes acceptance without restriction or reservation of the Terms and Conditions of Sale.
The Buyer acknowledges being able to contract and acquire the Goods on the website
ARTICLE 5 - Orders
5-1 . Ordering
According to the terms and conditions set out hereunder, it is the responsibility of the Buyer to select the Goods he wishes to order.
The Buyer chooses the Goods on the website, adds them to his basket and then must validate its content.
Afterwards, the Buyer must identify himself on the website and register on the identification form provided. It will indicate all the contact details requested.
Furthermore, the registration of an order on the website is carried out when the Buyer accepts the Terms and Conditions of Sale by ticking the box provided and validates his/her order. This validation implies the acceptance of all the foregoing Terms and Conditions as well as the terms and conditions of use of the website www.chateau-carrosse-martillac.com; and confirms the contract of sale.
The sale is final only after the confirmation of acceptance (e-mail) of the order by the Seller has been sent to the Buyer. It must be done immediately.
Any order placed, validated by the Buyer and confirmed by the Seller, in accordance with the aforementioned conditions on the website establish a sales contract remotely between the Buyer and the Seller.
Unless proved otherwise, the data recorded in the Seller's computer system confirms all the transactions concluded with the Buyer.
The Seller reserves the right to cancel or refuse any order from the Buyer with whom there is a dispute concerning the payment of a previous order.
The Buyer will be able to follow the progress of his/her order on the website www.chateau-carrosse-martillac.com, via the "My Account" tab.
The consideration of the order and its acceptance are confirmed by e-mail. The data recorded in the Seller's computer system confirms all transactions concluded with the Buyer.
No order relating to a number less than six bottles may be accepted.
5-2 . Change of order
After the Seller’s confirmation and acceptance, under the aforementioned conditions, the order can no longer be changed.
5-3 . Cancellation of order
After the Seller’s confirmation and acceptance under the aforementioned conditions, the order may not be cancelled, except in case of withdrawal provided for in legal conditions or force majeure provided for in Article 15.
ARTICLE 6 - Prices
The Goods are supplied at the selling prices in effect on the day of the order on the website. At the time the order is registered by the Seller, and, where applicable, in the specific commercial proposal addressed to the Buyer. These prices are firm and non-revisable during their period of validity, as indicated by the Seller.
These prices are net and exclusive of tax, ex-property and packaging in addition. They do not include transport, possible customs duties and insurance, which remain the responsibility of the Buyer.
The prices consider any reductions that may be granted by the Seller on the website www.chateau-carrosse-martillac.com.
These prices are firm and non-revisable during their period of validity, as indicated on the website. The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, guarantee, transport and delivery costs, which are invoiced additionally under the conditions indicated on the website www.chateau-carrosse-martillac.com and calculated prior to the order.
If the Buyer requests a faster or more expensive method of shipping than standard shipping, the additional shipping costs, as they appear when validated by the Buyer, are fully at his charge.
The payment requested from the Buyer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and sent to the Buyer by e-mail following his order on the website.
ARTICLE 7 - Terms of payment
The price is payable cash, in full on the day of the order, by means of secure payment by bank cards (Carte Bleue, Visa, Eurocard/MasterCard) and by Paypal.
Payment by credit card is final, except in case of fraudulent use of card. In this case, the Buyer may request the cancellation of the payment and the return of the corresponding amount of money.
Payment data is exchanged on the secure Payplug platform. The Buyer is redirected to this page which enables him/her to pay online by entering his/her bank details.
The order is considered final once the price and the costs associated have been fully paid.
The price invoiced to the Buyer corresponds to the price indicated in the order confirmation sent by e-mail to the Buyer.
ARTICLE 8 - Deliveries
The Goods ordered will be delivered in mainland France, Guadeloupe, French Guyana, Martinique, Mayotte and Reunion, Wallis and Futuna Islands, New Caledonia, French Polynesia, Saint Barthélemy, Saint Pierre and Miquelon, as well as the French Southern and Antarctic Lands (to the address indicated by the Buyer when ordering on the website). The Goods ordered will also be delivered in Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom (at the address indicated by the Buyer when ordering).
Delivery refers to the transfer of physical possession or control of Goods to the Buyer.
Except in special cases or the unavailability of one or more Goods, the Goods ordered will be delivered in a single delivery.
The Seller undertakes to make its best efforts to deliver the Goods within the time specified in the order. However, these deadlines are communicated for information purposes only. If the Goods ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Seller's fault, the sale may be cancelled at the Buyer's written request. The sum of money paid by the Buyer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
In case of non-compliant Goods, the Seller undertakes to remedy this or to reimburse the Buyer, as indicated in Article 11- "Seller's liability - Warranty".
The Seller shall bear the risks of transport and shall be required to reimburse the Buyer in case of damage caused during haulage.
Deliveries are made by an independent carrier, to the address mentioned by the Buyer when ordering and to which the carrier can easily access.
The Buyer expressly waives any recourse upon signing the delivery note. He is required to check the condition of the goods delivered. Upon delivery, the Buyer shall immediately mention any remarks on the delivery note and shall immediately contact by e-mail to confirm any reservations or claims for non-compliance or apparent defect of the Goods delivered (for example, a damaged parcel already opened, etc.), with all the relevant documents (pictures). Over the deadline, the Goods shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the non-compliant Goods or with apparent or hidden defects duly proven by the Buyer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the Terms and Conditions of Sale (see warranties).
ARTICLE 9 - Transfer of Ownership - Transfer of Risk
The transfer of ownership of the Seller's Goods shall be effected upon acceptance of the order by the Buyer, realising the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Irrespective of the date of transfer of the products’ ownership, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the Buyer takes physical possession of the Goods. The Goods therefore travel at the Seller's risk.
ARTICLE 10 - Withdrawal
In accordance with the legal provisions in force, the Buyer does not have a right of withdrawal from the Seller, with the exception of Article L121-16-1 of the Consumer Code extending the rules applicable to relations between consumers and professionals to contracts concluded off-premises between two professionals. Provided that the subject of these contracts does not fall within the scope of the principal activity of the professional solicited and that the number of employees employed by the latter is less than or equal to five.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Goods will not be taken back.
The right of withdrawal may be applied online, using the contact form available on the website www.chateau-carrosse-martillac.com, or any other declaration, free of ambiguity, expressing the will to retract.
In case of application of the right of withdrawal, only the price of the Product(s) purchased and the delivery costs shall be refunded. The costs of return shall be borne to the Buyer.
Reimbursement shall be made within 14 days of notification to the Seller of the decision to withdraw.
ARTICLE 11 - Warranty
The Goods delivered by the Seller do not benefit from a contractual guarantee as from the delivery date, for non-compliant products with the order. Indeed, upon signing the delivery note, the Buyer expressly waives any recourse. The Buyer is bound to check the condition of the Goods delivered. Upon delivery, the Buyer shall immediately mention any remarks on the delivery note and shall immediately send the Seller an e-mail to confirm any reservations or claims for lack of conformity or apparent defects of the Goods delivered (e.g. damaged parcel already opened, etc.), with all the relevant documents (such as pictures). Over the deadline, the Goods shall be deemed to be in conformity and free of any apparent defect and no complaint may be validly accepted by the Seller.
The Goods delivered by the Seller shall benefit from a contractual warranty of two years from the delivery date for any hidden defect resulting from a defect in material, design or manufacture affecting the Goods delivered and rendering them unfit for use.
The guarantee forms an indivisible whole with the Product sold by the Seller. The Product may not be sold or resold altered, transformed or modified.
This guarantee is limited to the replacement or reimbursement of Goodts that do not conform or are affected by a defect.
Any guarantee is excluded in case of misuse, negligence or lack of maintenance on the part of the Buyer, and in case of normal wear and tear of the Product or force majeure.
In order to assert its rights, the Buyer must, on pain of forfeiture of any action relating thereto, inform the Seller in writing of the existence of hidden defects within a maximum period of 3 days from their discovery.
The Seller shall replace or have repaired the Goods or parts under warranty that are deemed to be defective. This guarantee also covers labour costs.
The replacement of defective Goods or parts will not have the effect of extending the duration of the above-mentioned guarantee.
Finally, the guarantee cannot be invoked if the Goods have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured, particularly in case of failure to comply with the conditions prescribed in the instructions for use.
It also does not apply in case of damage or accident resulting from impact, fall, negligence, lack of supervision or maintenance, or in case of transformation of the Product.
ARTICLE 12 - Protection of personal data
The personal data collected from the Buyers are subject to computer processing by the Seller. They are recorded in its Customer file and are essential for processing the order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.
The Seller is responsible for data processing. Access to the personal data will be strictly limited to the employees of the data controller who are authorised to process them by virtue of their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the authorisation of the Buyer being required.
In the course of the performance of their services, the third parties have only limited access to the data and are bound to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out hereinabove, the Seller shall refrain from selling, renting, transferring or giving access to third parties to the data without the prior consent of the Buyer, unless he is bound to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Buyer will be informed and the guarantees taken in order to secure the data (for example, adherence of the external service provider to the "Privacy Shield", adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining CNIL certification, etc.) will be specified to it.
In accordance with the applicable regulations, the Buyer has the right to access, rectify, erase, and make portable the data concerning it, and the right to oppose the processing for legitimate reasons, rights which it may exercise by contacting the data controller at the following postal or email address: "Indicate the address or email of the Seller responsible for processing".
In the event of a complaint, the Buyer may address a claim to the Seller's personal data protection delegate of the Commission Nationale de l'Informatique et des Libertés.
ARTICLE 13 - Intellectual property
The brands and the content of the www.chateau-carrosse-martillac.com website are the property of the Seller and its partners, and are protected by French, European and international intellectual property laws.
Any total or partial reproduction of these contents is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 – Lack of foresight
TheTerms and Conditions of Sale expressly exclude the legal regime of contingency provided for in Article 1195 of the Civil Code for all operations for the Sale of Goods from the Seller to the Buyer. They therefore both waive the right to avail themselves of the provisions of article 1195 of the Civil Code and of the contingency regime provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves to be excessively costly and to bear all the economic and financial consequences thereof.
ARTICLE 15 - Force majeure
The Parties may not be held liable if the non-execution or delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 - Applicable law - Languages
The Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in French and English. In case they are translated into one or more languages, only the French text shall be deemed authentic in case of dispute.
ARTICLE 17 - Disputes
In accordance with article 1530 of the Code of Civil Procedure, in case of difficulties raised by the performance, interpretation or termination of their contract, the Parties undertake, prior to any contentious action, to submit their dispute to a competent mediation centre in accordance with the provisions of the rules of this centre. In accordance with the provisions of article 122 of the Code of Civil Procedure, during the mediation procedure, the Parties shall refrain from taking legal action against each other, failing which they shall be barred from taking legal action.
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale could give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between the seller and the Buyer will be submitted to the Courts of Bordeaux.
The Buyer is informed that he may in any case have recourse to mediation free of charge to the mediation service S.A.S. DULAURENS-LOUVET, Maître Aurélie LOUVET, from whom we can be contacted electronically at the following address contact@huissiers-gironde.fr, or by post at the following address S.A.S. DULAURENS-LOUVET - 84 rue Edmond Faulat-B.P.8 Ambares-33561 CARBON BLANC CEDEX.
ARTICLE 18 - Pre-contractual information - Acceptance by the Buyer
The fact that a natural person (or legal entity) places an order on the website www.chateau-carrosse-martillac.com implies full and complete acceptance and acceptance of the Terms and Conditions of Sale and the obligation to pay for the Goods ordered, which is expressly recognised by the Buyer, who waives, such as, the right to rely on any contradictory document that would be unenforceable against the Seller.