1. FIELD Of APPLICATION
Unless otherwise agreed in writing, these general terms and conditions of online sales (hereinafter, the " TERMS ") apply to sales concluded through this website, hereinafter "the site" , edited by CHÂTEAU DE LASTOURS (hereinafter " the CASTLE OF LASTOURS "), SAS with a capital of 1.500.000,00 euros, whose head office is located in the STREET OF MIGUEL de CERVANTES 33700 MERIGNAC, registered with the register of commerce and companies of Narbonne in the number Bordeaux B 479 483 646. The general terms and conditions shall apply to people who are natural or legal persons acting in the course of their private needs, hereinafter "website users" or "customers" . In the absence of special stipulations agreed upon in writing between the parties, the commands are only subjected to the present terms and conditions. The GCS were updated on 1 July 2020. These terms and conditions are published only in French language.
2. MESSAGE HEALTH : THE SALE AND SUPPLY Of ALCOHOL to MINORS
IS PROHIBITED.
The sale of our wines is exclusively reserved for individuals who are over the age of 18 years
age at the date of the order, the Customer declares on their honour. The consumption of our wines should remain moderate, reasonable, and responsible. The ABUSE Of ALCOHOL IS DANGEROUS FOR HEALTH, CONSUME WITH MODERATION.
In addition, it is expressly stated that the consumption of alcoholic drinks during pregnancy, even in small quantities, can have serious consequences for the health of the child.
3. CUSTOMERS CONCERNED – SALE
3.1 these general terms and conditions (hereinafter "GTC") govern the contractual relationship for any purchase of bottled wine at a distance (Internet, by phone and by email) and to France (to the exclusion of DOM/COM and the island of Corsica), and notably from the e-commerce site, and between :
SAS CHÂTEAU DE LASTOURS (hereinafter " the CASTLE OF LASTOURS "), SAS with a capital of 1.500.000,00 euros, whose head office is located in the Street of Cervantes -33700 Mérignac, registered with the register of commerce and companies of Narbonne in the number 479 483 646, represented by its manager, Mr. Franck ALLARD, n° de TVA FR23 479 483 646 which the publication Director of the website is Thibaut DE BRAQUILANGES, which has a civil liability insurance policy underwritten by EUROP ASSISTANCE.
Whose customer service is available to the hours and the following conditions :
Monday to Friday from 9am to 18pm
N°of phone : 01 41 85 93 65
The activity of which is the retail trade of wine, in part, via its website
hereinafter referred to as the "Castle of Lastours", and on the other hand,
The general terms and conditions shall apply to the individuals major non-commercial domiciled in Metropolitan France, wishing to make a purchase through the site only for their personal consumption as reasonable and responsible to the exclusion of any use for commercial or professional purposes, hereinafter referred to as " the Client ".
The GCS were updated on 1 July 2020. These terms and conditions are published only in French language.
3.2 The Customer declares to have read the general conditions of sale and accepted them by ticking the box provided for this purpose before the implementation of the online order process as described in section 4 " Ordering ".
The placing of an order and click on the tab "Order and Pay" implies
the full acceptance without reserve of the Customer to the terms and conditions, to the exclusion of all other documents such as brochures, newspapers, catalogues or e-mailing, issued by the seller and that does not have an indicative value only.
The general terms and conditions are accessible at any time on the Site and will prevail, if applicable, on any other version or any other contradictory document. The GTC may be subject to subsequent modifications, the version applicable to the sale is the one in force on the Site at the time of placing the order. If any of the terms and conditions of sale is deemed illegal or unenforceable by a court, the remaining provisions shall remain in force.
4. INFORMATION ABOUT OUR WINES
4.1 The wines on offer (hereinafter the Products) are those that appear on the Site. Each Product is accompanied by a description in relation to its essential characteristics, and prepared by Chateau de Lastours. The Client is obliged to take note of this before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs on the Website are as faithful as possible but can not ensure a perfect similarity with the Product offered and can not engage the responsibility of the Chateau de Lastours.
4.2 The wines of Château de Lastours are biologically produced live in such a way that they change over time, especially in terms of color and taste. This evolution of the wine cannot, therefore, be charged by the Customer to the Castle of Lastours.
4.3 Castle of Lastours draws the Client's attention on the conditions of conservation
and next storage : storage in a dry place, protected from light, without significant variation in temperature (an average of 17° C) or heat shock, away from all chemicals.
5. COMMANDS
The customer has the option of ordering online from the catalog online on the site. The customer must first register on the Shop CHATEAU DE LASTOURS before placing an order to obtain and validate their login credentials. Any order can be registered on the website only if the customer has clearly identified himself by the entry of his client code or e-mail address and password, which are strictly personal, and after electronic acceptance of the terms and conditions.
Any order validated implies acceptance of the prices, shipping costs and the description of the wines in question. Any dispute on this point will occur in the context of a possible exchange with the customer service of CHÂTEAU DE LASTOURS and warranties set forth in these terms and conditions.
Compliance : by the mere fact of placing an order, our buyers are expressly disclaimed to the benefit of the item 1587 of the civil code.
CASTLE OF LASTOURS undertakes to honour orders received on the website only within the limits of available stocks of wines.
5.1 – steps
Orders are placed on our store, accessible via the Internet according to the following steps :
– the Client fills her basket of products,
– the Customer clicks on the tab "View shopping Cart" ;
– the Customer clicks on the tab "Payment" ;
– the Client creates his account or register if it has already created an account ;
– the Client fills in the information regarding the details of delivery ;
– the Client is informed about the mode of delivery and the shipping costs ;
– the Customer selects the mode of payment, the order and click on "CONTINUE" ;
– the Client validates the GTS : it declares to have read and accepted the terms and conditions ticking the box
"I have read and accept the GTC ;
– the Customer validates his order by clicking on the tab " Order and Pay ";
– the Customer is redirected performs his demand for payment in accordance with the security tools
the following payments : BLUE CARD (VISA, MASTERCARD), PAYPAL (provided that the customer has a PayPal account)
– finally, the Customer receives an e-mail confirmation of the order.
The Customer is required to verify the completeness and veracity of the information that it provides to the Castle of Lastours in the order and in particular its delivery address and email address. The e-mail of acceptance of the order means acceptance by Château de Lastours of the Customer's order and form and the contract of sale between the parties.
The information provided by the Customer, as well as the terms of this agreement, form the contract concluded between the Customer and Castle of Lastours and will be recalled in the e-mail confirmation of the order.
5.2 – Modification of the order
Any changes to the order after the order confirmation is subject to the express acceptance of the Castle of Lastours.
5.3 – proof
Double-click the Client in respect of the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. By clicking the box "I have read and I accept the terms" and click the icon " Order and Pay "at the end of the ordering process, the Customer hereby irrevocably accept the order is placed, delivery charges relating thereto, as well as all the GTC applicable to this order, in full and without reservation.
The computerized records, kept in the computer systems of the Castle of Lastours in conditions of reasonable safety, will be considered as proof of communications, orders and payments between the parties. The filing of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence Castle of Lastours recommends that the Customer keep this information on paper or on a computer so as to correspond to a faithful and durable copy in accordance with the provisions of article 1348 of the Civil Code and article 134-2 of the Consumer Code.
5.4 – quantities
The Customer can order one (1) bottle of thirty-six (36) bottles maximum. Beyond that, the Customer must first contact Château de Lastours.
5.5 Waiver grading
Any order accepted by Château de Lastours form the contract between Château de Lastours and its Customers. As a result, by the mere fact of placing an order, the Customer has expressly waived the benefit of the articles 1585 and 1587 of the civil code relating to the grading of the wine.
5.6 - Control commands
Given the resurgence of fraud listed in the framework of e-commerce and in order to secure payment for any order placed by a Customer on the site Château de Lastours will conduct a verification of the items in the order before delivery. Castle of Lastours reserves the right to cancel all orders, non-conforming or bad, as well as those from a Client with whom there is any dispute. Castle of Lastours reserves the right to refuse any order for any legitimate purpose and, more particularly, in the case where the quantities ordered are abnormally high compared to the quantities usually ordered by the Customers as consumers.
6. PRICE
For any order, the prices applicable are those stated in Euros (€) Inclusive of All Taxes : VAT, excise duties, and, more generally, all duties or taxes that might be applicable in respect of the sale of the wine by Chateau de Lastours. Prices do not include the costs of communication related to the use of the website, fax, telephone and any way to place an order remotely, the amount of which depends on the services subscribed by each Customer.
Castle of Lastours reserves the right to modify its prices at any time, it being understood that the price listed on the Website on the date of the order shall be applicable only to the Client.
The payment of the price is made in full, the day of the placing of the order by the Customer who has to pay their orders by PAYPAL (provided that the customer has a PayPal account) or by credit card (carte Bleue, Visa, Mastercard); the credit card must be issued in the uk by a bank domiciled in Metropolitan France). Regardless of the type of credit card used, the Customer warrants that it owns, that it is fully authorized to use it for the payment of his order, and this mode of payment provides access to sufficient funds to cover the full price of the order, the costs resulting from the use of the services offered on the Website. The wines remain the property of Château de Lastours until full payment of the price. In default of full payment, the Castle of Lastours may of right to demand the return of the wines. The costs incurred for the return will be the responsibility of the Customer.
7. DELIVERY
7.1 – Information
The delivery of the Products within the time limits listed below may not take place if the Client has communicated to the Castle of Lastours accurate information on the details of the recipient : first name, last Name, address, postal code, city, country, door codes, landline telephone number, telephone portable. In the event of incorrect or missing during the order Castle of Lastours cannot be held responsible for failure to deliver the products in a place and time.
7.2 – Time
(a) The delivery times will vary between 10 working days from the order according to the delivery method selected by the Customer. Delivery times are likely to twenty (20) days for order placed between December 15 and January 15 of each calendar year. This period runs from the day after the Client has submitted his order to the Castle of Lastours.
These delivery times are indicative.
However, due to lack of delivery to the expiration of the maximum period of 30 days, the Customer may give notice to the Castle of Lastours to deliver the product within a reasonable time by mail or regular mail.
In the absence in the new period of time of delivery, the Customer may cancel the contract (article l 138-2 of the consumer Code), by registered letter with request for acknowledgement of receipt, by e-mail or letter simple.
The contract is considered to be resolved, upon receipt of the letter or of the written informing Castle of Lastours of this resolution, unless he is to be executed between the sending of the mail by the consumer and its reception.
In accordance with article L. 138-3 of the consumer Code, if the contract is terminated under these conditions, Château de Lastours is obliged to reimburse the Customer the full amount paid, at the latest within fourteen days following the date on which the contract was to be terminated.
7.3 - shipping
Principles of calculation of shipping costs :
The shipping costs vary according to the quantity and place of delivery. However, we will offer you transport to any order greater than or equal to 300€ in metropolitan France, to a single address, excluding special promotional offers.
7.4 - Transport Type
Delivery in Colissimo with signature or by the transport Schenker.
7.5 - Rate VAT Transport 2025
The rates of the articles of the shop are shown below :
France, Metropolitan
1 carton : Chronopost
Price included VAT = 30€
2 cartons : Chronopost
Price included VAT = 40€
3 cartons : Chronopost
Price included VAT = 50€
Free shipping from 300€ of purchase. Transport by DB Schenker
The delivery is made by the carrier to the address indicated by the customer at the time of order. A notice of availability will be left in case of absence of the customer. No delivery in the floors.
7-6 – Terms and conditions
Our company works mainly with the transport provider Chronopost.
Deliveries are only done in the ground-floor, never on the floor and to the real property, in the Lobby of the building (not the front door of the apartment).
Depending on the number of cartons of the order, the delivery terms are :
1 to 3 cartons :
Delivery in the Client's home : this delivery is done in a delivery time between 2 to 10 days from the order. (Times are indicative in Metropolitan France except the weekend and public holidays). Chronopost will be presented in the client's home and delivered against signature. If the Customer is not present during the agreed delivery, the delivery driver will be deposited in the mailbox of a notice of passage, so that the Client can contact Dhl to arrange a new delivery slots available from Monday to Friday from 9.00 to 17.00).
In case of absence on the second presentation, the goods will be returned at the end
6 days after the second pass of the driver.
Beyond the 3 Boxes :
Home delivery appointment "on demand" : the delivery date is determined by mutual agreement between the Carrier, DB Schenker and the Client. Upon the arrival of his order, by agency of delivery, the Customer will receive an email or sms from the Carrier, inviting him to choose his own date of delivery by email and / or text messages from Monday to Friday.
Period of appointment is possible on two weeks from the receipt of mail and or sms for appointment.
First niche available appointment the day after the arrival of his order, by agency delivery.
The Customer will be able to track your order via e-mail notifications or sms. At the end of three (3) days of the arrival agency, the delivery, in default of appointment, the Customer will receive a reminder by sms from the Carrier.
At the end of eight (8) days without making an appointment on the part of the Customer, the Carrier, to decide a date and a niche of delivery (time range from 9: 00 to 17: 00, Monday to Friday.) and informs the Client. If the Customer is not present during the delivery, the products will be returned to Château de Lastours.
In this case, the Customer will give his instructions to the Castle of Lastours.
7.7– Reception
Taking into account the value of the Products and their characteristics-sensitive, it is up to the Customer to conduct their audit in the presence of the Carrier. Steps to follow :
– Upon receipt of the order at home, the Customer must unpack the package and check the contents.
– If the Goods are damaged, the Customer should refuse the package by writing on the delivery slip the damage was assessed.
– In case of refusal of the Carrier to assist in unpacking, register on the slip : "Delivery with reservations, since the refusal of the Carrier to stay upon inspection of the package".
ATTENTION : If the Client accepts the parcel without verification or reservation, it will be considered as non-damaged and no recourse may be taken by the following.
7.8 – delivery Problems
(a) the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken product...) shall imperatively be mentioned on the delivery slip in the form of handwritten notes with the signature of the Customer. The Customer must confirm this defect by sending the carrier within two (2) business days following the date of delivery by registered mail with acknowledgment of receipt stating such claims.
The Client must send a copy of this letter by fax, or by mail to :
Castle of Lastours Customer Service, Castle of Lastours, 11490 Portel-des-Corbières
If the Client does not issue the reserves, the delivered product is deemed to be satisfactory and may be the subject of any dispute after this title. For example, the Client cannot make reservations or to Château de Lastours, or with the carrier, after his departure, even if the package n’;has not been opened in the presence of the latter.
(b) error
The Customer must make to Château de Lastours the same day of delivery or at the latest the first working day following the delivery, any claim concerning delivery errors and/or non-conformity of goods in kind or in quality, compared to the indications mentioned on the order. The formulation of this claim to the Castle of Lastours can be made:
preferably by telephone on 04 68 48 64 74 Monday to Friday from 9 a.m. 12h and 14h to 17h.
or through the menu "contact us" in specifying the reference of the command.
In the event of delivery error or exchange, all goods to be exchanged or refunded must be returned to Castle of Lastours in its entirety and in its original packaging, to the following address :
CHATEAU DE LASTOURS
11490 PORTEL-DES-CORBIERES
France
7.9 – Transfer of risks
The delivery will be carried out by a Carrier selected by Château de Lastours to the delivery address indicated by the Client.
In this case, any risk of loss or damage to products shall pass to Customer at the time when he or a third person appointed (other than the Carrier proposed by Château de Lastours) take physical possession of such products.
If the Client entrusts the delivery of the product to a carrier other than those offered by Château de Lastours and Castle of Lastours accepts the request, the risk of loss or damage to the product passes to the Customer upon delivery of the product to audit carrier.
8. AVAILABILITY OF THE WINES
In case of non-execution of the contract by Château de Lastours resulting from the total or partial unavailability or wine after placing the order, the Customer shall be notified by email of the delivery of a partial order, or cancel the order. Castle of Lastours reserves in this hypothesis, the ability to provide a Product of quality and an equivalent price, and subject to the agreement of the Client. The Customer will have the choice of :
– to accept a longer delivery time when a replenishment is possible ;
– to order a different product of the same on the Website as a replacement ;
– cancel the order. Castle of Lastours will refund the order according to the following terms and conditions :
o If the Product becomes unavailable was the only constituent of the order, Château de Lastours reimburse the full amount of the order, including shipping costs.
o If the Product becomes unavailable was only a part of the Products ordered, but the Customer wishes to cancel the entire order, Château de Lastours reimburse the full amount of the order, including shipping costs.
o If the Product becomes unavailable was only a part of the products ordered and the Customer accepts delivery of other Products, Château de Lastours shall reimburse the price of the product becomes unavailable, excluding delivery costs, where appropriate, taking account of the lump-sum nature of these costs. Château de Lastours is committed to the refund without delay for the corresponding amount, and, at the latest, within thirty (30) days of the payment of the sums paid by the Customer. The refund will be made by credit on the Customer's bank account.
9. RIGHT OF WITHDRAWAL
9.1 – Content
The Customer has the right to withdraw from this contract without giving any reason within a period of fourteen (14) days. The withdrawal period will expire fourteen (14) days after the day on which Customer, or a third party other than the carrier and designated by the Customer, acquires, physical possession of the product. To exercise the right of withdrawal, the Customer must give notice to the Castle of Lastours, CHATEAU DE LASTOURS, 11490 PORTEL-DES-CORBIERES, email : contact@chateaudelastours.com , and in particular, using the form attached in Annex 1, its decision to withdraw from this contract by means of a declaration, devoid ambiguity (for example, a letter sent by post, fax or email) or using the form to this effect. For the withdrawal deadline, it is sufficient for the Client to transmit its communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period, specifying that it shall return the product to the title of his right of withdrawal, stating the nature of the product, the date of the order and receipt or by joining its sales invoice or the purchase order.
The Customer agrees to return the products intact, complete, unopened and in perfect re-saleable condition, with all accessories and documentation.
9.2 – Effects
In the case of withdrawal on the part of the Customer of this agreement, Château de Lastours will reimburse the payments received from the consumer, including the costs of delivery (with the exception of the supplementary costs resulting from the fact that the Client has chosen, if applicable, a type of delivery other than the less expensive standard delivery offered by Château de Lastours) without undue delay and in any event not later than fourteen (14) days from the day on which the Castle of Lastours is informed of the decision of the Customer of the cancellation of this contract.
However, Castle of Lastours may withhold the reimbursement until it has received the Product or until the Customer has provided proof of shipment of the Product, whichever first of these facts.
Castle of Lastours will make the reimbursement using the same means of payment used by the Customer for the initial transaction, unless the Customer expressly agrees to a different way; in any case, this refund will be of no cost to the Customer.
The Client must send back or return the Product Château de Lastours or (CARRIER), without undue delay and, in any event, no later than fourteen (14) days after the Customer has communicated his decision to withdraw from this contract. This deadline shall be deemed met if the Customer returns the product before the expiry of the period of fourteen (14) days.
The Customer will bear the direct cost of returning the product. The product must be returned in CHRONOPOST Château de Lastours, 11490 Portel-des-Corbières, or by carrier. These costs are estimated at a maximum of approximately € 30 . The Product must be returned, properly protected, in original packaging, in a perfect state of resale (not damaged, damaged or soiled).
The Customer must keep the proof of posting to the service provider responsible for the return. In case of dispute, the proof of shipping depends on the Client. In the absence of this evidence, no exchange or refund will be made in case of loss of the parcel.
In the case of the exercise of the right of withdrawal, the Customer has the option of requesting either a refund of amounts paid, or exchange the Product. In the case of an exchange, the return shipment will be paid by the Customer.
9.3 Except the right of withdrawal
Pursuant to article L 120-20-2 2 °) of the consumer Code and directive 2011/83/EU of 25 October 2011, the products custom-made according to Customer specifications or clearly personalized, as well as the alcoholic beverages of which the delivery is delayed beyond thirty (30) days, and which value depends on fluctuations in the market, are not subject to a right of withdrawal and will not be able to be returned or exchanged.
10. STATUTORY WARRANTIES
In accordance with the legal provisions in force, the Products provided by Castle of Lastours benefit as of right and without additional payment, regardless of the right of withdrawal, the legal guarantee of compliance with the conditions of article 211-4 et seq of the consumer code for the apparently defective Products, defective or damaged or do not correspond to the order, and of the legal warranty against hidden defects provided for in articles 1641 and following of the civil code.
When the Client is a legal guarantee of conformity, it :
· Has a period of two years from the date of delivery of the property to act ;
· May choose between the repair or replacement of the property, subject to the cost conditions provided for by article 211-9 of the French consumer Code ;
· Is exempt from providing proof of the existence of the lack of conformity of the property during the 24 months following the delivery of the goods.
This legal guarantee applies regardless of any warranties of merchantability eventually granted by Château de Lastours. The Customer benefits of the warranty against the hidden defects of the thing sold within the meaning of article 1641 of the civil Code. In this case, he may choose between the rescission of the sale and a reduction of the selling price in accordance with article 1644 of the civil Code.
10.1 – legal Guarantee of conformity
The Client noting a lack of conformity of the wine delivered has a period of two (2) years from the delivery of the product to make the case to the Castle of Lastours this warranty. After this time has passed, the Customer will no longer be able to act against the Castle of Lastours on the basis of the legal guarantee of conformity.
The provisions of the consumer Code provide that :
Article L211-4 of the consumer Code : is required to deliver a product which conforms to the contract and is liable for defects of conformity existing at the time of delivery. It also responds to defects of conformity resulting from the packaging, instructions for assembly or installation when it was put to him by the contract or has been carried out under its responsibility.
Article L211-5 of the consumer Code : to conform To the contract, the good must : "1° – Be suitable for the use normally expected of a similar good and, where applicable : correspond to the description given by the seller and possess the qualities that he has presented to the Customer in the form of a sample or model
– have the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling
2° – Or have the characteristics defined by mutual agreement by the parties or be fit for any special use sought by the Client, brought to the attention of the Castle of Lastours and the latter accepted.
Article L211-12 of the consumer Code : The action resulting from lack of conformity is prescribed by two years from the delivery of the product. "The Client may not, however, challenge the compliance by a defect of which he knew or could not ignore when it has contracted or the fact that the Product does not correspond to a special use sought, and which has not been brought to the knowledge of the Castle of Lastours.
In addition, the warranty is excluded in respect of faults, damage or defects of any kind that did not exist at the time of the delivery of the Product to and from, in particular, to use, or storage of abnormal Products by the Customer.
10.2 – Warranty against hidden defects
The Client finding a vice from wines delivered and making them unfit for use shall, within a period of two (2) years from the discovery of the defect to exercise this warranty to the Castle of Lastours.
After this deadline, the Client will be deemed to have accepted the wine delivered and will not be able to play this warranty to the Castle of Lastours.
The provisions of the Civil Code provide that :
"1° – Article 1641 of the French civil Code : The seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the Customer would not have acquired it, or would have
given a lesser price if he had known.
2° – Article 1648 paragraph 1 civil Code : The action resulting from latent defects must
be brought by the purchaser within a period of two years from the discovery of the defect. "The Château de Lastours guarantee of all of the harmful consequences of the defects and the latent defects that would be likely to reveal the Products being sold, provided that the latter are reported without delay to the Castle of Lastours and in any event within a period of two years from the discovery of the defect. During the delivery of the order, the Customer is obligated to check the Products. Castle of Lastours will not be liable for defects that the Customer could be identified after a review apparent from the delivered Product.
All of the damage, including the aesthetic, the resulting defects or hidden defects, which would appear to the use, and the Customer could not have had knowledge of the delivery shall be covered by the warranty, provided to make the Product unsuitable for the use for which
it was intended, or decrease so this use that the Customer would not have acquired or would have given a lesser price if he had known.
In any event, the Customer will have to provide proof of the existence of the hidden defects of the day of the delivery of the Product.
10.3 – repayment Period
In case of refund, Castle of Lastours agrees to reimburse the payments received from the Client within thirty (30) days of its request. For any request of this type, the Client should then contact the Customer Service through the dedicated section of the Website, or by phone at the number listed herein.
These provisions are not exclusive of the right of withdrawal as defined in section 11 above.
11. DATA OF THE CLIENT
The personal data collected on the Site will be subject to a computer processing. The Client is invited to refer to the section "Privacy Policy" on the Site to get all the information relative to this point. The information collected by Château de Lastours on the Client (personal data) on any purchase on the Site, are necessary for the transaction and are operated by Château de Lastours and transferred to its carriers for the purposes of the sale. Castle of Lastours in compliance with the rules laid down by article L34-5 of the code of posts and electronic communications that provides for the collection prior express your consent to the sending of commercial information by electronic means (email or SMS). Thus, the Customer can make the choice to subscribe to the newsletter of the Castle of Lastours. In addition, during the confirmation of the order, it is specifically requested by the Client
consent : • to receive promotional e-mails from Château de Lastours; There is an exception in the case where the Client, without having given their consent, however, can be approached as soon as he is already a customer of Castle of Lastours and the object of the exploration is to offer similar products or services. Therefore, the Customer is informed that the Castle of Lastours be able to use its e-mail address or SMS for marketing purposes to offer you similar products or services. In all cases, the Person concerned has the opportunity to withdraw consent and to object to the receipt of these seek by performing the following actions : • by clicking on the unsubscribe link provided in each e-mail ;
In all cases, and in accordance with the law "Informatique et Libertés" n° 78-17 of 6 January 1978, law n° 2018-493 of June 20, 2018 on the protection of personal data, as well as the regulation (EU) no. 2016/679 of 27 April 2016 (RGPD), the Client has a right of access, rectification, opposition and deletion of personal data concerning them by writing to :
– by mail and by justifying his identity to Château de Lastours Château de Lastours 11490 Portel-des-Corbières.
– by e-mail at the following address : contact@chateaudelastours.com
12. INTELECTUAL AND INDUSTRIAL PROPERTY
12.1 - Château de Lastours is the owner of the copyright, trademarks, distinctive signs and more generally the rights of intellectual and industrial property rights relating to the Castle of Lastours.
12.2 - Château de Lastours is a producer and owner of all or part of the databases making up the website including texts, images, videos, graphics, logos, etc., These databases are protected under copyright
13-3 - Any violation of these rights by the Client (total or partial reproduction ; deposit, etc.) constitute acts of infringement and causes of the civil or criminal actions before the competent courts.
12.4 - The user who has a personal Internet site and who wishes to place, for his own personal use on his website, a hyperlink to the site directly, must request the prior written permission of CHATEAU de LASTOURS. In all cases, any link is not permitted, shall be removed upon the request of CASTLE OF LASTOURS, subject to all damages.
13. FORCE MAJEURE
The Customer and Castle of Lastours can not be held responsible if the non-performance or delay in performance of, any of their obligations, such as those described in the present is the result of an event of force majeure within the meaning of article 1218 of the civil Code. The party affected by such circumstances shall notify the other within ten working days after the date on which it becomes aware. The two parties will then, within a period of one month, unless prevented due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract
will be continued. If the case of force majeure lasts for more than three months, these general conditions can be terminated by the injured party.
14. IMPREVISIONS
The Customer and Castle of Lastours expressly agree to set aside the provisions of article 1195 of the civil Code, which provide that " if a change of circumstances unforeseeable at the time of conclusion of the contract makes the performance excessively onerous for a party who had not agreed to assume the risk, it may request a renegotiation of the contract to the other party. [...] "
15. AMICABLE SETTLEMENT OF DISPUTES
In case of dispute, the Castle of Lastours will make every effort to resolve amicably in the framework of these general conditions of sale. All disputes to which the operations of purchase and sale entered into pursuant to these GTC may give rise, concerning their validity, their interpretation, execution, termination, and their consequences, and that could not be resolved between the seller and the Customer will be submitted to the competent courts in the conditions of common law.
The Customer is informed that;it can, in any case, have recourse to a mediation of the consumer and to any form of alternative dispute resolution (conciliation, for example) in the case of a dispute. The Customer has the right to examine any request by a mediator. This mediation is completely free, Castle of Lastours supports the costs of the mediation. However, Castle of Lastours and the Client can be assisted, at their expense, by counsel or an expert.
In addition, the european Commission offers consumers a platform for online dispute resolution :
As a last resort and in case of failure of the previous approaches, the present general conditions of sale are governed by French law. The court of competent jurisdiction in the event of a dispute shall be that of the place of domicile of the Customer or, at the option of the applicant, of the place of actual delivery of the Product. The Customer will also be able to enter the court of the place where he was staying at the time of the conclusion of the contract or of the occurrence of the harmful event.
ANNEX 1 FORM OF WITHDRAWAL
Articles L. 121-21 L. 121-21-8 of the Consumer Code
To the attention of the Family P & J Allard SAS – Château de Lastours
Type of wine : ............................................................Ordered :
.............................................................
Order no.: .........................................................
First and last name of the customer : ..........................................................
Address of the client : ...................................................................
..........................................................................................
I hereby notify you of my withdrawal from the contract for the sale of the property below, and within the legal period of 14 days from the receipt of the goods, in accordance with the following :
– Address : Castle of Lastours, 11490 PORTEL-DES-CORBIERES
– Mail : contact@chateaudelastours.com
I have noted that the product had to be returned, in its original packaging and in perfect condition, within 14 days from the communication of my decision to withdraw.
Done ......................., the .............................
Client's Signature
