Article 1 - Scope
These General Conditions of Sale (so-called "Terms and Conditions" GTCS) apply without restriction or reservation to all sales by Château Maris ("Grands Vignobles en Méditerranée") ("the Seller") to non-professional buyers (" Customers or the Customer "), wishing to acquire the products offered for sale
("The Products") by the Seller on the site https://shop.chateaumaris.com. The products offered for sale
on the website are: Wine, wine club memberships, gift boxes
The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site https://shop.chateaumaris.com, which the customer is obliged to take note of before ordering.
The choice and purchase of a product are the sole responsibility of the customer.
The photographs and graphics presented on the website https://shop.chateaumaris.com are not contractual and cannot engage the responsibility of the Seller.
Product offers are subject to availability, as specified when placing the order. If a product is out of stock Chateau Maris will contact the customer and offer a similar product in its place.
These Terms and Conditions are accessible at any time on the site https://shop.chateaumaris.com and will prevail over any other document.
The buyer undertakes, by validating his order and the General Conditions of Sale, to be 18 years old at the date of the order or the legal age required to purchase alcohol in the country they are residing (whichever is greater).
The customer declares to have taken knowledge of the present GTCS and to have accepted them by ticking the box envisaged for this purpose before the implementation of the procedure of order on line of the site https://shop.chateaumaris.com.
Unless proven otherwise, the data recorded in the vendor's computer system is proof of all transactions with the customer.
The seller's details are as follows:
Chateau Maris
Chemin de Parignoles
34210 La Livinière
France
§ Email: hannah@chateaumaris.com
§ Telephone: 04 68914263
Article 2 - Price
The products are supplied at the rates in effect on the site https://shop.chateaumaris.com, at the time of purchase by the seller. The prices are expressed in Euros, HT and TTC. The rates take into account possible reductions that would be granted by the seller on the site https://shop.chateaumaris.com. These rates are firm and non-revisable during their period of validity. The seller reserves the right, outside the period of validity, to change prices at any time. Prices do not include processing, shipping, transport and delivery charges, which are charged in addition, under the conditions indicated on the site and calculated prior to confirming the order. The payment requested from the customer corresponds to the total amount of the purchase, including these processing and shipping costs. An invoice is established by the seller and given to the customer upon delivery of the ordered products.
Article 3 - Orders
It is up to the customer to select on the https://shop.chateaumaris.com site the products he wishes to order, according to the following methods:
Choice of articles and addition to the basket
Validation of the contents of the basket
Identification on the website and registration on the identification sheet on which it will indicate all the contact details requested
Choice of delivery method
Choice of payment method and acceptance of the GTC
Payment validation
The customer will receive an order confirmation email.
The product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the customer's responsibility to check the accuracy of the order and immediately report any errors.
Any order placed on the https://shop.chateaumaris.com site constitutes the formation of a distance contract between the customer and the seller.
The seller reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
The customer can follow the progress of his order on the site.
Any cancellation of the order by the customer will only be possible before the delivery of the products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
In case of cancellation of the order by the Customer after its acceptance by the Seller less than three (3) days at least before the date scheduled for the supply of the Products ordered, for any reason whatsoever except the exercise of the right to withdrawal or force majeure, a sum corresponding to twenty percent (20%) of the total amount of the purchase will be acquired by the Seller and invoiced to the Customer, as damages, in compensation for the damage thus suffered.
Article 3a - Customer Account Area
In order to place an order, the customer is invited to create an account (personal space). To do this, he/she must register by completing the form at the time of order and is required to provide sincere and accurate information about contact information, including email address and phone number as is needed for both billing purposes and delivery (if applicable). In accordance with Article L. 3342-1 of the Public Health Code, the customer must provide his date of birth and undertakes to be 18 years old at the date of the order or the legal age required to purchase alcohol in the country they are residing (whichever is greater). The customer is responsible for updating the information provided should changes occur. They may be modified at any time by logging into the account. To access the personal space and order history, the customer must identify himself /herself using his/her username and password these are strictly personal. As such, the customer prohibits any disclosure. The customer remains solely responsible for the use of his/her account. The customer may also request to unsubscribe by going to the dedicated page on in the personal space or by sending an email to hannah@chateaumaris.com .This will be effective within a reasonable time. In case of non-compliance with the terms and conditions of sale and / or use, https: //shop.chateaumaris.com will have the possibility to suspend or even close the account of a customer after formal notice sent electronically and remained without effect. Any account deletion, whatever the reason, causes the outright deletion of all personal information of the customer. Any event due to an act of God or event outside of the company’s control which results in a malfunction of the site or server and/or causes interruption or modification in the event of maintenance, does not engage the responsibility of the seller. The creation of the account entails the acceptance of these general conditions of sale.
Article 4 - Terms of payment
The order must be paid in full on the day of ordering, by way of secure payment (via 3DSecure), via the the following methods:
§ Payment by credit card: Visa, MasterCard
§ Payment by bank transfer to the seller's bank account (details will be communicated to the customer when placing the order)
The payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider for banking transactions carried out on https://shop.chateaumaris.com.
Payments made by the customer will be considered final only after actual receipt of the sums due by the seller.
The seller will not be required to deliver the products ordered by the customer if he/she does not pay the price in full under the above conditions.
Article 5 - Deliveries and postage
The products ordered by the customer will be delivered in metropolitan France and in the European Union (available only in countries where sending wine direct to customers is allowed). The minimum order is 3 bottles per shipment.
Deliveries are made within four (4) to fifteen (15) working days to the address indicated by the customer when ordering on the site.
Delivery consists of the transfer to the customer of physical possession or control of the product. Except special case or unavailability of one or more products, the ordered products will be delivered in one shipment.
The seller undertakes to make his best efforts to deliver the products ordered by the customer within the time specified above. However, these deadlines are given as an indication, which also applies to the desired delivery period.
Deliveries are made by an independent carrier, at the address provided by the customer when ordering, and to which the carrier can easily access.
Two carrier options are possible UPS via La Ruche and Chronoviti with Chronoposte. Delivery costs will vary depending on the weight of the package and the delivery location.
The customer is required to check the condition of the delivered products in the presence of the carrier. It is advisable to check parcels carefully on their arrival and possibly to refuse them if they present the slightest sign of breakage or to express reservations on the delivery notes. The customer has a period of seven (7) days from the delivery to make claims for returns by mail or email, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the products will be deemed compliant and free from defect and no claim will be accepted by the seller.
The seller will refund or replace as soon as possible and at his expense, the delivered products whose defects of conformity or apparent or hidden defects have been duly proven by the customer, in accordance with the provisions of articles L 211-4 and following of the Consumer Code, and those provided for in these GTS.
The transfer of risks of loss and deterioration relating thereto, will only be realized when the customer will physically take possession of the products. The products therefore travel at the risk and peril of the seller. As such, the risks are transferred at the time of delivery of the goods to the carrier.
Article 6 - Transfer of ownership
The transfer of ownership of the products of the seller will be realized after full payment of the price by the latter, regardless of the date of delivery of said products.
Article 7 - Right of withdrawal
Under the terms of Article L221-18 of the Consumer Code "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a call or out establishment, without having to justify its decision or to bear other costs than those provided for in Articles L 221-23 to L 221-25.
The period mentioned in the first paragraph runs from the day
1 ° The conclusion of the contract, for service contracts and those mentioned in Article L 221-4;
2 ° The receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of a contract relating to several goods delivered separately or in the case of an order for a good consisting of lots or multiple parts whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece.
For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first goods. "
The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other declaration, expressing the will to retract and in particular by mail addressed to the seller at the postal or email address indicated in Article 1 of the GTC.
Returns are to be accompanied by the invoice and to be made in their original and complete condition (packaging, accessories, instructions ...) allowing to be re-sold,.
Damaged, soiled or incomplete products cannot be returned.
The return costs remain the responsibility of the customer.
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt, by the seller, of products returned by the customer under the conditions provided for in this article.
Article 8 - Liability of the seller - Guarantees
The products supplied by the seller benefit from:
§ The legal warranty of conformity, for defective products, damaged or damaged or not corresponding to the order,
§ The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use, Provisions relating to legal warranties Article L 217-4 of the Consumer Code
"The seller is obliged to deliver a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. He also responds to the lack of conformity resulting from the packaging, packaging instructions or the shipping when it was charged to him by the contract or was carried out under his responsibility. "
Article L 217-5 of the Consumer Code
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- If it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer as a model sample;
- If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
Article L 217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two months from the delivery of the goods. "
Article 1641 of the Civil Code
"The seller is bound by the guarantee by reason of the hidden defects of the item sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them. "
Article 1648 paragraph 1 of the Civil Code
"The action resulting from the latent defects must be brought by the purchaser within two months from the discovery of the defect". In order to assert his rights, the customer must inform the seller, in writing (post or e-mail), the non-conformity of products or the existence of hidden defects from their discovery. The seller will refund or replace the products deemed non-compliant or defective. The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of receipts. Refunds, or replacements of products found to be non-compliant or defective will be made as soon as possible and at the latest within 14 days of the finding by the seller of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check. The seller's liability can not be incurred in the following cases: § Non-compliance with the legislation of the country in which the products are delivered, which it is up to the customer to check; § In case of misuse, use for professional purposes, negligence or improper storage on the part of the customer, such as in case of an accident or force majeure; § The photographs and graphics presented on the site are not contractual and can not engage the responsibility of the seller.
§ The seller's guarantee is, in any case, limited to the replacement or refund of non-compliant or defective products.
Article 9 - Data Protection
Pursuant to Law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the customer are necessary for the processing of his order and the establishment of invoices, including. This data may be communicated to the seller's potential partners responsible for the execution, processing, management, shipment and payment of orders. The processing of information communicated through the site https://shop.chateaumaris.com has been declared to the CNIL, number: 2064691. The customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition regarding the information concerning him. https://shop.chateaumaris.com/en/ follows the legal requirements concerning data protection of GDPR as put in in place by The European Commission European Commission. Full details may be found here: https://gdpr.eu/tag/gdpr/. Additional details are available in our privacy policy available on our website.
Article 10 - Intellectual property
The content of the site https://shop.chateaumaris.com is the intellectual property of the seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute a forgery offense.
Article 11 - Governing Law
Language : These Terms and the resulting transactions are governed by and subject to French law. These Terms are written in French. In the event that they are translated into one or more foreign languages, only the French text would be valid in case of dispute.
Article 12 - Disputes
For any complaint, please contact the customer service at the postal address or mail of the seller indicated in article 1 of these Terms. The client is informed that he can in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution (conciliation, for example) in case of dispute. All disputes to which the purchase and sale transactions concluded pursuant to these GTS and which have not been the subject of a friendly settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common notice" of the site https://shop.chateaumaris.com.
Annex 1 - Retraction
Form Date: This form must be completed and returned only if the customer wishes to retract the order placed on https://shop.chateaumaris.com except exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms of Sale.
To the attention of :
Château Maris, Chemin des Parignoles 34210 La Livinière France
I hereby notify the withdrawal of the purchase for the property below:
§ Order from:
§ Order Number:
§ Customer's name:
§ Customer address:
§ Telephone number:
§ Customer’s email: