General conditions of sale
ARTICLE 1 – DEFINITIONS
«Customer(s)» refers to the Internet user(s) browsing the Site and making an online purchase of Product(s) for personal use only.
«GTC» refers to the present General Terms and Conditions of Sale of Products on the Site.
«SARL ASTROS» whose registered office is located Route de Lorgues 83550 VIDAUBAN – France, under the number RCS Draguignan 790 590 772 with a capital of 220 000€ Intracommunity VAT number: FR 11 790 590 772 and carrying out an agricultural activity assigned to the cultivation, production, packaging and sale of wine produced on the farm, owner of the ASTROS brand and marketing products sold on the Site.
«Products» means the wines produced by ASTROS and offered for sale on the Site under the conditions of Article 3 below.
«Site» refers to the e-commerce website accessible via the Internet at the address: www.chateauastros.com offering the Products for sale.
ARTICLE 2 – PURPOSE – SCOPE OF THE GENERAL SALES CONDITIONS
The purpose of the General Terms and Conditions of Sale is to define the terms and conditions governing the online sale of Products on the Site to Clients, as well as the rights and obligations of the Parties resulting from the online sale of Products offered on the Site. They determine all the steps necessary for placing an order and ensure the follow-up of this order between the Parties.
By placing an order for a Product on the Site, the Customer acknowledges that he/she has read the GTC and has accepted them without restriction, this acceptance not being in any way conditional on a handwritten signature by the Customer. Consultation of the Site by the Customer is also governed by the conditions of use of the Site, which the Customer accepts unreservedly and which can be accessed at the following address: www.chateauastros.com/cgv. It is specified that the Customer may save or print these GTC, provided that he does not modify them. Astros reserves the right to update the GTC at any time.
The GTC apply to all online sales of Products made on the Site to the exclusion of any other document, and in particular the conditions applicable to sales in shops or through other distribution and marketing channels.
In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the Customer declares, by placing an order for the Products, that he/she is at least eighteen (18) years old on the date of the order.
ARTICLE 3 – PRODUCTS
3.1 – Description
The Products offered for sale are those which appear on the Site on the day the Customer consults the Site. The greatest care is taken in the presentation of the Products on the Site in order to meet the requirements of article L.111-1 of the French Consumer Code. This is why the Products are presented by means of an information sheet (name and detailed description of the product, production method, blend, grape varieties and price) drawn up with great care and precision by expert professionals in order to allow for the most accurate and complete description. However, due to the digital presentation of the Products on the Internet, it is possible that the Customer’s perception of the photographic representation of the Products and in particular the colour of the wine may not correspond exactly.
3.2 – Availability
The Products are offered within the limits of available stocks. No guarantee is given as to the availability of the Products presented on the Site. In the event of unavailability of one of the Products, the Customer will be informed as soon as possible by e-mail of the delivery of a partial order or the cancellation of his order.
The bottles offered for sale are either sold in boxes of six (6) bottles, or in boxes of three (3) when they are “Magnums”. The order is therefore for a minimum of six (6) bottles (or three (3) “Magnums”) of the same type of wine and the same vintage. It is not possible to assemble six (6) different bottles (or three (3) different “Magnums”) in the same box.
ARTICLE 4 – PRICE
The prices of the Products are firm. The price in force is the one indicated on the Site, except for typographical errors. These prices take into account the V.A.T. applicable on the day of the order but do not include the packaging and delivery costs which will be invoiced in addition and will be specified to the Customer before the final validation of his order. The amount of the transport costs is fixed and flat-rate. The price invoiced to the Customer is the price indicated on the order confirmation sent by e-mail by the Website. Astros reserves the right, which the Customer accepts, to modify its prices at any time, without any other formality than posting the modifications on the Site. These changes will not affect orders accepted by the Site before the changes take effect, subject to the availability of the Products ordered.
ARTICLE 5 – RESERVATION OF OWNERSHIP
Ownership of the Products is only transferred to the Customer after full payment of the price by the latter. However, on the effective date of delivery, the risks (in particular of loss, theft or deterioration) concerning the Products delivered are assumed by the Customer.
ARTICLE 6 – ORDER PLACEMENT PROCEDURES
6.1 – Navigation within the Site
The Customer may view the various Products offered for sale on the Site. The Customer may browse freely through the various pages of the Site, without being committed to an order.
Any order can only be registered if the Customer has previously identified himself by entering his personal identifier and password.
The information provided by the Customer and collected by Astros is treated confidentially and is saved in the SARL’s database. It will not be transferred, assigned, transmitted or disclosed in any way whatsoever to third parties or commercial partners in accordance with the French law on Information Technology and Civil Liberties n°78-17 of 6 January 1978 and the provisions of the “Legal Notice” of the present site, of which the Customer acknowledges having been informed.
To place an order, the Customer adds the desired Products to the “basket”, or removes them to correct any errors.
Before definitively validating their order by clicking on “Validate and pay” and proceeding with payment, the Customer can check the details of their order and can correct any errors by returning to the details of their basket..
6.2 – Delivery territory eligible for an order
The Customer may only place an order for Products from France for delivery in mainland France, with the exception of Corsica. Any order mentioning another place of delivery must be the subject of a request for a quote to email@example.com
6.3 – Confirmation of an order
The sale will only be considered final after the Site has sent the Customer confirmation of acceptance of the order by e-mail.
The order confirmation e-mail summarises the reference number of the order, the products ordered by the Customer and their prices, the terms and conditions of delivery of the Products, the terms and conditions of withdrawal and the address to which the Customer may send any questions concerning the order.
ARTICLE 7 – PAYMENT
Unless the server is unavailable, the Customer may pay for his/her order after its final validation on the Site, by credit card (Carte Bleue, Visa, Mastercard). The Customer shall enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram (the last three numbers written on the back of his/her bank card). Payments by cheque are not accepted.
SARL Astros reserves the right to refuse any order or delivery if the limits indicated in article 6.2 of these terms and conditions are exceeded, if there is an existing dispute with the Customer, if the Customer has not paid in full or in part for a previous order, or if the banking institutions refuse to authorise payment by credit card.
The Customer guarantees that he/she has the necessary authorisations to use the method of payment chosen at the time of validation of the order. In the event of refusal by the bank, the order will be automatically cancelled and the Customer will be informed by e-mail. The Customer is invited to print the order summary.
Data relating to orders will be recorded and kept in the computer systems of Château La Verrerie and its partner bank. The information records of these companies will be considered as proof of all transactions between the Parties on the Site. The Site is subject to a security system.
SARL Astros guarantees that the encryption means and services used to secure the transactions have been authorised or declared in accordance with the legislation in force.
ARTICLE 8 – DELIVERIES
For all orders confirmed before 12:00 noon, from Monday to Friday (excluding public holidays), the Products ordered will be prepared and dispatched the following day or the next working day. Delivery will be made within a reasonable time and no later than 5 (five) days after the order is confirmed. The Products are delivered by our partner carriers within the time limits indicated by the carrier and for which the carrier alone is responsible.
Deliveries for which the delivery address given on the Site is that of:
– a hotel or other accommodation
– a post office box
– a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciliations) or in a collective place where an individual address cannot be clearly and durably attributed to a natural or legal person.
The Customer is obliged to pay particular attention to the details filled in on the order form and in particular to the delivery address. If the Customer makes a mistake in the delivery address, the parcel will be returned by the carrier with the mention NPAI (“does not live at the address indicated”). In this case, the delivery costs will be charged to the Customer.
The Customer must check the good condition of the products upon delivery. Any anomaly concerning the delivery (damaged packages, missing items compared to the Site’s invoice, late delivery etc.) must be noted on the delivery receipt presented by the carrier. The Customer must also report this by e-mail to firstname.lastname@example.org in order to improve the quality of service that may be offered and to proceed with an investigation with the carrier. In the event that the Customer has reported a missing product, an investigation with the carrier may take up to 21 working days. If during this period the product is found, it will be immediately redirected to the place of delivery designated in the order form. On the other hand, if the product ordered is not found at the end of this 21-day investigation period, the Site will proceed at its own expense with a new shipment of the missing products initially ordered by the Customer.
ARTICLE 9 – RIGHT OF WITHDRAWAL
In accordance with the provisions of article L221-18 of the French Consumer Code, the Customer has a period of fourteen (14) clear days to return the Product(s) that he/she has ordered. This period runs from the next day or the first working day following the day of delivery of the order. The Product(s) must be returned in its (their) original unopened packaging. It is specified that the customer shall bear the costs of returning the Product(s). If the aforementioned conditions are met, the Site will reimburse the Customer for all sums incurred by him/her in connection with the order of the Products, including delivery costs, within 14 (fourteen) days following the date on which the Customer’s right of withdrawal was exercised in accordance with Article L.221-24 of the Consumer Code. This refund will be made via the means of payment used at the time of purchase.
It is specified that SARL Astros is not obliged to reimburse the initial delivery costs in the event of partial return of the Products ordered or an error in the delivery address attributable to the Customer. Similarly, if the Customer has expressly chosen a more expensive delivery method than the standard one initially proposed, the additional delivery costs will not be refunded.
ARTICLE 10 – PRODUCT WARRANTY
The Customer benefits from the guarantee of conformity under articles L217-4 and following of the Consumer Code as well as the legal guarantee of hidden defects on the products, under the conditions of articles 1641 to 1649 of the Civil Code.
Nevertheless, given the nature of the products, no guarantee is possible as to the intrinsic quality of the wine and no exchange is possible with the exception of that provided for by the right of withdrawal.
ARTICLE 11 – LIMITATIONS OF LIABILITY
SARL Astros does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error and reserves the right to suspend the operation of the Site.
ARTICLE 12 – PERSONAL INFORMATION
The personal information collected in the context of distance selling is compulsory, as this information is necessary for the processing and delivery of orders and for the preparation of invoices. This information is strictly confidential. Failure to provide this information will result in automatic rejection of the order. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the processing of personal information collected on the Site has been the subject of a declaration to the Commission Nationale de l’Informatique et des Libertés, which has been registered. The Customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, the Customer should send an e-mail to email@example.com. The Customer may receive from the Site information e-mails on the Products and activities of the Château. The Customer retains the right to refuse such communication either a priori by not giving his consent when creating his customer account, or at any time in the management pages of this account, or by clicking on the unsubscribe link of an information e-mail, or by sending an e-mail to firstname.lastname@example.org.
ARTICLE 13 – FORCE MAJEURE
Astros SARL cannot be held responsible for the total or partial non-execution of its obligations, if it is due to the occurrence of an event of force majeure, having an unforeseeable, irrepressible and external character for the Château, as recognised by the jurisprudence of the French courts, making it impossible to execute the contract. In this case, SARL Astros will inform the Customer and propose one or more alternative solutions. The occurrence of such an event constitutes a cause for suspension and/or termination of SARL Astros’ obligations towards the Customer, without compensation to the Customer.
ARTICLE 14 – customer service – MEDIATION
15.1 customer service
In the event of a question or complaint, the Customer may first contact the Château d’Astros customer service department, whose various contact methods are as follows
Email : email@example.com
Adress : Route de Lorgues, 83550 VIDAUBAN – France
In the event of difficulties in the application of this contract, the customer has the possibility, before taking any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association or any other advisor of his choice. It is reminded that the search for an amicable solution does not interrupt the period of the legal guarantee, nor the duration of the contractual guarantee. It is recalled that as a general rule and subject to the appreciation of the Courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honours his financial commitments to the seller. Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the person who takes the trouble to expose these situations. In the event of a dispute, the customer shall first contact the company to obtain an amicable solution.
ARTICLE 15 – APPLICABLE LAW – LITIGATION
These GTC and the contractual relations between the Parties are governed by French law. Any dispute arising from the application or interpretation of the GTCs shall fall under the exclusive jurisdiction of the French courts.