Terms & Conditions
Château Carmenère
CHEMIN DE LOURTET
33340 Queyrac, France
Represented by its duly authorised legal representative empowered to enter into these Terms (hereinafter referred to as the “Seller”), publishes and operates the website available at the following URL:
https://chateau-carmenere.com/boutique-en-ligne/
The Website is an online sales platform through which a winegrower/wine estate (the “Seller”) markets its products.
The Seller is a professional wine producer wishing to provide a solution enabling it to offer its wines (the “Products”) to private purchasers via the Internet (the “Customers”).
Internet users browsing the Website, Customers and the Seller shall hereinafter collectively be referred to as the “Users”.
These Terms & Conditions of Sale (the “Terms”) govern the relationship between the Seller and any adult individual in their country of residence placing an order on the Website (the “Customer”).
They apply to sales of Products concluded between the Seller and the Customer through the Website.
The Products sold by the Seller are produced by the Seller itself and are not intended for resale.
Protection of Minors
In accordance with Article L.3342-1 of the French Public Health Code, which states that the sale of alcohol to minors is prohibited, account creation and orders placed with the Seller are strictly reserved for adults aged 18 or over.
Alcohol abuse is harmful to health. Please drink responsibly.
Article 1 – CUSTOMERS
The wines (the “Product(s)”) offered for sale on the Website:
https://chateau-carmenere.com/boutique-en-ligne/
are strictly reserved for adult individuals in their country of residence, who have full legal capacity in their country of residence to place orders on the Website, and who have a valid delivery and billing address.
The Products are not intended for advertising or communication purposes.
The Products are not intended for resale.
IF YOU DO NOT MEET THESE CONDITIONS, YOU MUST LEAVE THIS WEBSITE IMMEDIATELY.
As the sale of alcohol is prohibited to persons who do not meet the legal age requirement for purchasing or consuming alcohol, the Customer confirms that they are of legal age to purchase and consume alcohol.
The Customer guarantees that the person receiving the delivery is of legal age to purchase or consume alcohol in their country.
In accordance with Article L.3342-1 of the French Public Health Code, the Seller reserves the right to request proof of identity and age from the Customer.
Article 2 – ACCEPTANCE OF THE TERMS & CONDITIONS OF SALE
By placing an order, the Customer acknowledges having read these Terms & Conditions of Sale and agrees to be bound by them.
These Terms may be modified at any time.
The Customer is bound by each modification and must therefore regularly visit this page to check the version of the Terms currently in force.
The Customer may print these Terms & Conditions of Sale or save them on their computer in PDF format.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT PLACE ANY ORDERS ON THIS WEBSITE.
Article 3 – RESPONSIBLE ALCOHOL CONSUMPTION
The Customer acknowledges that alcohol consumption must be moderate and responsible.
The Seller is committed to promoting responsible consumption of its products.
Irresponsible alcohol consumption may cause serious harm to health and society.
For further information:
http://www.responsibledrinking.org/
Article 4 – PRODUCTS
4.1 – Product Description
Each Product offered on the Website is accompanied by a description presenting the essential characteristics of the selected Product.
Photographs or graphic representations used to illustrate Products, whether standard or customised, are not contractually binding.
The Seller complies with the applicable French standards governing marketed products.
The Seller may modify its Products and packaging in order to comply with these standards, including by adding mandatory logos and/or statements.
4.2 – Product Availability
Product offers are valid subject to availability.
If a Product is unavailable, it can no longer be ordered on the Website.
If a Product is no longer available in the quantity ordered, the Seller will inform the Customer so that they may accept or refuse a reduction of their order.
If the Customer does not agree to this reduction, the order will automatically be cancelled and refunded as soon as possible.
Article 5 – ORDERING
5.1 – Creation of a Customer Account
The Customer may create an account on the Website when placing their first order and must complete the registration form provided for this purpose.
This form contains “mandatory” information required to identify the Customer (title, surname, first name, date of birth, email address and password). These fields are marked with an asterisk (*) on the Website.
The form also contains “optional” information which the Customer is not required to provide in order to place an order on the Website (fields not marked with an asterisk).
The password chosen by the Customer is personal and confidential. It enables the Customer to identify themselves on the Website at a later date.
If the Customer forgets their password, they may request a new password by clicking on the “Forgot Password” tab in the “My Account” section.
The password is strictly personal. It is placed under the sole responsibility of the Customer, who must keep it confidential.
The Customer must ensure that no other person, particularly any person who is not of legal age to purchase or consume alcohol, uses their login details and password to purchase alcoholic products.
The Customer is deemed capable of controlling access to the email address provided.
The Customer is responsible for ensuring the confidentiality of their login details and password and accepts responsibility for any damage resulting from unauthorised access to the Website caused by or related to the disclosure of their login details and/or password.
The information provided in the registration form must be complete, accurate and up to date.
The Seller may, where appropriate, request confirmation from the Customer (by any means) of the information provided and their identity.
Account creation is limited to one account per person (same first name/surname and same household/postal address).
Any attempted fraud (use of a false identity, altered or incomplete surname/first name, etc.) may result in the deletion of the account.
The Customer may also place an order without creating an account by ordering as a guest.
In this case, the Customer only needs to provide the information required to process the order.
5.2 – Ordering Process
To order a Product on the Website, the Customer must follow these steps:
The Customer selects the Products they wish to purchase and adds them to their basket by clicking on “Add to Basket”.
The Customer accesses their basket by clicking on “Basket”.
On the “Basket” page, the Customer may:
- Add or remove items from their basket;
- Enter a PROMOTIONAL CODE if they have one;
- View the basket summary, including applied discounts.
To proceed to the next step, the Customer must:
(i) accept these Terms & Conditions of Sale made available through a hyperlink by ticking the relevant checkbox;
(ii) click on “Confirm My Basket”.
The Customer is then required to identify themselves unless they are already logged in.
If they already have a customer account, they must enter their email address (username) and password.
If they do not have an account, they may create one or place the order as a guest.
Article 6 – PRICES AND PAYMENT TERMS
6.1 – Prices
The prices of Products are those displayed on the Website on the date the order is placed.
They are shown in the currency selected by the Customer from among the 21 available currencies.
By viewing the basket details, the Customer has access to the price including taxes, duties, customs clearance costs and delivery charges.
6.2 – Invoicing
A detailed invoice will be issued for each order and sent to the Customer by email together with the shipping confirmation (or at the time of payment).
6.3 – Payment Methods
All payments by bank card are processed through the secure online payment system STRIPE.
The Customer must be the holder of the card used for payment.
The Customer is automatically redirected to the payment service provider’s transaction platform.
Banking information is entered through a secure server ensuring the security and confidentiality of the information provided during the transaction.
An order confirmation is sent to the Customer by email.
The order placed is firm and final.
Placing an order constitutes full and complete acceptance of these Terms & Conditions of Sale.
The Seller’s automated electronic records shall be considered by the parties as proof of the nature, content and date of the order.
Regardless of the payment method used, the Seller reserves the right to refuse any order or delivery in the event of:
(i) refusal of payment authorisation by the banking institution;
(ii) total or partial non-payment of a previous order by the Customer.
Article 7 – SHIPPING
The Products are delivered through the services of PELICAN AIR SERVICES, a simplified joint-stock company (SAS) with a share capital of €5,000, registered with the Bergerac Trade and Companies Register under number B 882 558 315, whose registered office is located at Local météo, aéroport de, 24100 Bergerac, France (hereinafter referred to as the “Service Provider”).
Shipments are mainly carried out under DDP (Delivered Duty Paid) terms*, guaranteeing that the Customer has no formalities to complete and no additional costs to pay upon delivery.
The Service Provider prepares the transport documents, handles administrative and customs formalities, and provides tracking until delivery.
The Customer benefits from an all-inclusive delivered-to-home price, and the Service Provider pays customs duties on behalf of the Customer. The Customer is informed by email or SMS of the delivery date.
Exceptions:
Shipments to the four provinces of Canada are carried out under DAP (Delivered At Place) terms, as Canadian regulations require the Customer to directly pay duties to the authorities of each province. Information regarding the customs clearance process is provided. Delivery is ensured by the Service Provider and its partners to the address indicated by the Customer.
Article 8 – DELIVERY
8.1 – Delivery methods, costs and deadlines
Payment of the order triggers the collection of the goods from the producer’s property by the Service Provider.
The Service Provider monitors the entire “journey” of the goods and manages, on behalf of the Seller and the Customer, all situations (absence, collection point information, customs delays, etc.) with the utmost care in order to ensure delivery under the best possible conditions.
During shipment, customs authorities or other services in the destination country may contact the Customer by email. The Customer must not respond to such messages. For any questions or information regarding the shipment, the Customer may contact:
customers@pelicanairservices.com
All shipments are delivered to the address provided on the identification form. The Customer must carefully check the delivery address shown on the order confirmation. It is essential that the contact details provided are valid and that the Customer remains reachable.
The Service Provider cannot be held responsible for an input error when identifying the recipient that prevents delivery (incorrect address, etc.). If the Service Provider cannot correct the error and the goods are returned to the logistics base, reshipping costs and return costs shall be borne by the Customer. In case of refusal by the Customer, the goods will be retained by the Service Provider.
If the Customer is absent at the time of delivery, the parcel will be delivered to the nearest collection point. The Customer will be informed by email or any other means of the address of the collection point where the parcel has been deposited. The Customer has 15 days to collect the parcel, otherwise it will be returned.
The Service Provider cannot be held responsible for returns resulting from parcels not collected from collection points. Reshipping costs and return costs shall be borne by the Customer. In case of refusal, the goods will be retained by the Service Provider.
Delivery costs vary depending on:
- the number of bottles;
- the bottle format;
- the unit price of the bottles;
- the type of packaging (cardboard box, wooden case, etc.);
- the destination country/state selected by the Customer.
The Products offered for sale on the Website are produced and marketed in accordance with applicable French regulations.
The delivery times displayed by the Service Provider when confirming the order are estimates provided for information purposes only and are not binding on the Service Provider.
Delivery times are calculated in business days (Monday to Saturday, excluding public holidays).
Each order is delivered to a single address. If the Customer requests delivery to multiple addresses, separate orders must be placed.
The Service Provider’s packaging for 3, 6, and 12 bottles as well as magnums consists of reinforced packaging suitable for international transport.
Wooden cases containing magnums, 6 or 12 bottles are protected with recycled polyethylene foam and placed inside additional Pelican Air Services protective packaging.
Bottles, double magnums, Jeroboams or other non-standard formats are secured in Pelican Air Services packaging.
The Service Provider takes the greatest care in packaging in order to minimise the risk of damage.
8.2 – Transfer of risks and ownership
During transport, the risks of destruction, loss or damage to the Product(s) are borne by the Seller, without prejudice to any possible recourse against the Service Provider responsible for delivery.
Transfer of risks and ownership of the Products takes place on the date of delivery of the Products to the delivery address indicated by the Customer.
Delivery is deemed completed when the order is handed over to the Customer or their authorised representative at the address indicated on the order form.
8.3 – Verification of the order upon receipt
The Customer must check the condition and conformity of the Products upon delivery and, where applicable, make any reservations on the delivery note.
8.4 – Damage claims
When receiving goods showing damage, the Customer must comply with the following requirements in order to benefit from the replacement guarantee:
- Make a reservation on the delivery note stating “damaged package” and take a photograph;
- Take photographs of the unopened package, the package during opening, and the damaged goods.
All documents must be sent to:
litiges@pelicanairservices.com
Claims are processed as quickly as possible. Only replacement of damaged goods is provided. Bottles with stained labels are not eligible for replacement insurance.
8.5 – Delivery disputes
The Customer may obtain proof of delivery by contacting the Service Provider using the parcel tracking number.
If the Service Provider indicates that the order has been delivered but the Customer has not received it, the Customer may contact the Service Provider by email at:
litiges@pelicanairservices.com
to open a dispute file.
To contest delivery, the Customer must provide a signed statement and a copy of an identity document (passport or both sides of an identity card).
Upon receipt of these documents, the Service Provider will begin an investigation. The investigation period lasts three (3) weeks.
The Service Provider may request that a complaint be filed for any dispute concerning receipt or signature.
Article 9 – REPLACEMENT INSURANCE
Standard replacement insurance applies to all shipments, domestic, European Union and non-European Union shipments, and all types of packaging: 6 bottles, 12 bottles, magnums, wooden cases, etc.
It applies in the event of damage or loss of the package.
The standard insurance limits vary depending on packaging:
- Package of 6 bottles or 3 magnums: xxx €
- Package of 12 bottles or 6 magnums: xxx €
Examples:
- A 12-bottle package valued at €300 benefits from replacement insurance coverage in the event of partial or total damage.
- A 12-bottle package valued at €600 benefits from replacement insurance coverage up to €350, whether for one damaged bottle worth €350 or several damaged bottles whose total value does not exceed €350.
The Service Provider replaces the damaged bottle and reships it at its own expense. If the bottle is no longer available, a refund at market value will be offered.
Additional insurance representing 1.35% of the value of the goods is available for purchases exceeding the standard insurance limit, guaranteeing full replacement in case of damage or loss.
The same conditions apply in case of package loss.
For wooden case packaging of 6 bottles laid flat, 2×3 bottles or 12 bottles, the Seller must ensure that the bottles are properly secured inside the wooden case, meaning they must not move freely and risk hitting the lid, which could increase the risk of breakage.
Article 10 – LIABILITY – FORCE MAJEURE
The Seller’s contractual obligations shall be automatically suspended, and the Seller shall not be held liable, in the event of force majeure (as defined by Article 1218 of the French Civil Code and applicable case law) preventing delivery of the Products.
After one month from the order date, the Customer may cancel the order. The Customer shall be fully refunded, including delivery costs, duties and customs clearance fees.
The Seller shall not be held responsible for interruptions of connection, server failures, electrical problems or other issues related to the Internet network.
The Seller’s liability shall also not be engaged if delivered Products are stored or consumed/used under abnormal conditions or conditions incompatible with their nature.
Article 11 – RIGHT OF WITHDRAWAL
11.1 – Notification of withdrawal
The Customer has the right to withdraw without providing reasons and without penalties.
This withdrawal period expires fourteen (14) calendar days after the day on which the Customer, or a third party designated by the Customer other than the Service Provider, physically takes possession of the Products.
To exercise this right, the Customer must notify the Seller of their withdrawal decision before the expiry of the withdrawal period by any clear statement, including:
(i) by postal mail to the Seller’s postal address indicated on the invoice;
(ii) by email to the Seller’s email address indicated on the invoice.
11.2 – Return of withdrawn Products
Following notification of withdrawal, the Customer must return the complete Product(s), unused and unopened, in their original packaging specifically designed for wine transport.
The return shipment must include the return form or a copy of the invoice to allow identification of the returned Products.
The return must be made without undue delay and no later than fourteen (14) days after notification of the withdrawal decision.
Return costs and risks remain the responsibility of the Customer.
11.3 – Refund
The Seller will refund all amounts paid, excluding initial delivery costs.
Refunds will be made using the original payment method, unless otherwise agreed with the Customer.
The refund may be delayed until the Products have been recovered or until the Customer provides proof of shipment.
The right of withdrawal does not apply to:
- Products opened or unsealed after delivery that cannot be returned for hygiene or health protection reasons;
- Products customised or specially prepared according to the Customer’s request.
Article 12 – LEGAL WARRANTIES FOR PRODUCT SALES
Products must be stored, handled and consumed in accordance with applicable rules for alcoholic beverages and any instructions provided with the Product or displayed on the Website.
The Customer benefits from the legal guarantee of conformity provided under Articles L.217-3 to L.217-17 of the French Consumer Code and the guarantee against hidden defects provided under Articles 1641 to 1648 of the French Civil Code.
In case of non-conformity or hidden defects, the Customer must contact the Seller within 72 hours of receipt of the order.
Article 13 – Promotional Codes
Promotional codes cannot be exchanged for cash, combined with other promotional codes, reused in another transaction or split across several orders.
The Seller reserves the right to invalidate any promotional code used in violation of these conditions.
Article 14 – No Waiver
The Seller’s failure to enforce any provision of these Terms and Conditions at any given time shall not constitute a waiver of the right to enforce that provision later.
Article 15 – Intellectual Property
No part of the Website may be reproduced, stored on another website, or incorporated into any public or private data extraction system without the prior written authorisation of the Website Publisher and Designer.
The purchase of a Product does not grant the Customer any rights over the names, trademarks or labels of the Product.
The use of Products or trademarks distributed by the Seller for advertising or communication purposes is strictly prohibited.
Article 16 – Privacy Policy
All personal information concerning the Customer provided during use of the Website, including personal data collected during registration or ordering processes, is subject to the Website’s Privacy Policy.
This Privacy Policy forms an integral part of these Terms and Conditions and is available at the bottom of each Website page.
Article 17 – Evidence, Storage and Archiving of Transactions
Electronic records stored in the Seller’s computer systems under reasonable security conditions shall be considered evidence of communications, orders and payments.
Orders and invoices are archived on a reliable and durable medium in accordance with legal requirements.
Article 18 – Language of the Terms and Conditions
These Terms and Conditions were drafted in French and translated into English.
Only the French version shall prevail in the event of a dispute, including mediation procedures or proceedings before a court.
Article 19 – Disputes – Applicable Law
These Terms and Conditions are governed by French law.
In case of dispute, after first contacting the Seller, the Customer may use a conventional mediation procedure in accordance with Article L.612-1 of the French Consumer Code.
The Customer may also use the European Commission’s online dispute resolution service.
In the absence of an amicable agreement, any dispute arising from the formation, interpretation or performance of these Terms and Conditions or any order shall fall under the jurisdiction of French courts.
Article 20 – Product Storage
The Seller shall not be held responsible for defects affecting Products purchased from the Seller caused by improper storage or handling by the Customer.
The Customer is responsible for ensuring proper storage of the Products in suitable conditions.
Even so-called “ageing wines” cannot be stored indefinitely. The Customer must follow the consumption recommendations provided by the Seller.