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 brothers) produce their wines by combining different exceptional terroirs of their vineyard.
Legal information on child protection
In accordance with the provisions of Order No. 59-107 of 7th of January 1959, the Law of 5th July 1974 and Articles L 3342-1 et seq. of Public Health Code, the www.chateau-carrosse-martillac.com website prohibits the offer and sale of alcoholic beverages to minors and similar persons.
Consequently, you acknowledge having the legal capacity to enter herein by completing the order form.
Please drink responsibly.
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 consumers and non-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
They 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 General Terms and Conditions of Sale are binding on users of www.chateau-carrosse-martillac.com from the date they are put online and cannot be applied to transactions concluded previously.
ARTICLE 2 - Goods for sale
The Goods for sale on the website are hereinafter:
- Château Carrosse Martillac: First wine of the estate,
- 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 is required to 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 supplemented 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 his 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, he 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.
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 www.chateau-carrosse-martillac.com establishes a contract concluded remotely between the Buyer and the Seller.
Unless proved otherwise, the data recorded in the Seller's computer system confirms all 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 order on the website www.chateau-carrosse-martillac.com, via the "My Account" tab.
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 confirmation and acceptance by the Seller under the aforementioned conditions, the order may not be cancelled, except in case of withdrawal or force majeure.
ARTICLE 6 - Prices
The Goods are supplied at the current prices shown on the website when the order is recorded by the Seller. The prices are expressed in Euros (taxes included).
The prices consider any discounts that may be granted by the Seller on the website.
These prices are firm and non-revisable during their period of validity, as indicated on www.chateau-carrosse-martillac.com. 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 and calculated prior to the order.
If the Buyer requests a faster or more expensive method of shipping than the 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 secure payment by credit cards (Carte Bleue, Visa, Eurocard/MasterCard) and by Paypal.
Payment by credit card is final, except in case of fraudulent use of the 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 allows him to pay online by entering his bank details.
The order is only considered final once the price and the costs associated with the order have been paid in full.
The price invoiced to the Buyer corresponds to the price indicated in the order confirmation sent by e-mail to Buyer.
ARTICLE 8 - Deliveries
The Goods ordered will be delivered in mainland France, Guadeloupe, French Guiana, Martinique, Mayotte and Reunion, the Wallis and Futuna Islands, New Caledonia, French Polynesia, Saint Barthélemy, Saint Pierre and Miquelon and 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 to Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, the United Kingdom and the United States (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 use its best efforts to deliver the Goods within the time specified in the order. However, these delivery times are given as an indication 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 Buyer's fault, the sale may be cancelled at the Buyer's written request under the conditions provided for in Articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sum of money paid by the Buyer will then be returned to him within fourteen days following the date of termination of the contract at the latest, to the exclusion of any compensation or deduction.
In case of non-compliant Goods, the Seller undertakes to remedy or to reimburse the Buyer, as indicated in Article 11 - "Seller's Liability - Warranty".
The Seller shall bear the transport risks 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 slip and shall immediately contact by e-mail to confirm any reservations or claims for non-compliance or apparent defect of the Goods delivered (e.g. damaged package already opened, etc.), with all the relevant evidence (pictures). Over the deadline, the Products 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 risks
The transfer of ownership of the Seller's Goods shall be effected upon acceptance of the order by the Seller, realising the parties' agreement on the Goods and the price, regardless of the date of payment and delivery.
Regardless of the date of transfer of ownership of the Goods, the transfer of the risks of loss and deterioration relating thereto shall only take place 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 has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement. provided that the Goods are returned in their original packaging and in perfect condition within fourteen days following notification to the Seller of the Purchaser's decision to withdraw.
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 accepted.
The right of withdrawal may be exercised online, using the contact form available on the website, or any other declaration, free of ambiguity, expressing the will to retract.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be refunded; the return costs shall be borne by the Buyer.
Reimbursement shall be made within 14 days of notification to the Seller of the decision to withdraw.
ARTICLE 11 - Warranty
The Goods sold on www.chateau-carrosse-martillac.com comply with the regulations in force in France.
The Goods supplied by the Seller benefit by right and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions,
- the legal guarantee of conformity, for Goods that are apparently defective and damaged or do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Goods delivered and making them unfit for use, under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to the Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Buyer:
- has a period of two years from the delivery of the goods to take action against the Seller;
- may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the French Consumer Code;
- is exempt from having to prove the existence of the Product's lack of conformity during the twenty-four months following delivery of the Product.
The Buyer may decide to implement the guarantee against hidden defects Product in accordance with article 1641 of the French Civil Code. In this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert its rights, the Buyer must inform the Seller, on paper, about the non-compliant Goods immediately upon their delivery or upon discovery of the hidden defects within the aforementioned time limits and return or bring back to the shop the defective Goodts in the state in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Seller will reimburse, replace or repair Goods or parts under warranty that are deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Refunds for Goods deemed to be non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's discovery of the lack of conformity or latent defect.
Reimbursement shall be made by crediting the Buyer's bank account or by bank cheque sent to the Buyer.
The Seller shall not be held liable in the following cases:
- non-compliance with the legislation of the country in which the Goods are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Buyer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of Goods that do not conform or are affected by a defect.
ARTICLE 12 - Protection of personal data
In accordance with the law 78-17 of the 6th of January 1978 modified by law n°2018-493 of the 20th of June 2018, it is reminded that the personal data requested from the Buyer is necessary specifically for the processing of his order and the establishment of invoices.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of information communicated via www.chateau-carrosse-martillac.com complies with the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
In accordance with the national and European regulations in force, the Buyer has the right to permanent access, modification, rectification, opposition to portability and limitation of the processing of information concerning him/her.
This right may be exercised under the conditions and according to the terms and conditions defined on the website
ARTICLE 13 - Intellectual property
The brands and the content of the 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 this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 14 – Lack of foresight
In case of changes in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has disagreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its co-contracting party.
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
TheTerms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in French and in English. In case they are translated in one or more languages, only the French text shall be deemed authentic in case of dispute.
ARTICLE 17 - Disputes
All disputes to which the purchase and sale operations concluded in application of the terms and conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and follow-up, 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 event have recourse to conventional mediation, for instance with the Commission de la médiation de la consommation (C. consom. art. L 612-1) or with the existing sector-based mediation bodies, whose references appear in the terms and conditions of sale, or to any alternative means of dispute resolution (e.g. conciliation) in case of dispute.
In accordance with Article L. 612-1 of the French Consumer Code, you may have free recourse to the mediation service S.A.S. DULAURENS-LOUVET, Maître Aurélie LOUVET, which we can contact 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 the right to rely on any contradictory document that would be unenforceable against the Seller.