legal information
The company SGE participation is a simplified joint stock company, registered in the Bordeaux Trade and Companies Register under number 517 736 195, whose head office is located at 10 avenue de l’Eglise Romane 33370 Artigues-Près-Bordeaux. Hereinafter referred to as “SGE participation” VAT number: FR74517736195 Tel: +33 5 56 32 08 70 Email: accueil@groupesge.fr
Article 1.
Purpose These General Conditions of Sale (hereinafter referred to as “CGV”) define the rights and obligations of the parties in the context of the sale of products by SGE participation via its website www.chateaulapointechantecaille.com (hereinafter referred to as the “Site “) to any adult natural person having the status of consumer, therefore excluding any purchase for resale (hereinafter referred to as the “Customer”).
Any sale of wines carried out by SGE participation is therefore governed by these General Terms and Conditions. Therefore, the fact of the Customer placing an order on the Site implies unreserved acceptance by the Customer of these General Terms and Conditions.
The General Terms and Conditions exclusively govern online sales contracts to consumers and constitute with the online order the contractual documents enforceable against the parties, to the exclusion of all other documents, such as prospectuses, emails, catalogs or photographs of the products which have not been only an indicative value.
By placing an order on the Site, the Customer undertakes to be at least 18 years old and to have the legal capacity to conclude this contract on the date of the order, being reminded that in accordance with article L. 3342-1 of the Code of Public Health and Ordinance No. 59-107 of January 7, 1959 and Law No. 74-631 of July 5, 1974, the sale and offering of alcoholic beverages to minors and similar persons are prohibited. The Customer also undertakes that his order is not intended for the consumption of minors.
Article 2. Modification
SGE participation reserves the right to modify these General Terms and Conditions at any time. All orders placed are subject to the General Terms and Conditions appearing online on the day of the order.
Article 3. Products offered for sale
The products offered for sale are those which appear on the Site. Each product is accompanied by a description and one or more photographs, which are not contractual.
We sell 75 cl bottles and 150 cl bottles.
SGE participation undertakes to provide the product ordered by the Customer within the limits of available stocks.
Considering the rare nature of certain products which are also subject to climatic hazards, SGE participation reserves the right to apply restrictions on the quantities available.
The products displayed as available when ordering may sometimes no longer be available during processing by SGE, despite the regular updating of the product database. SGE participation will not be responsible in the event of unavailability of products or out of stock.
If the products can be restocked, SGE participation will inform the Customer by all means and the products will be shipped as soon as they come into stock. In this case, the delivery times provided for in article 7.3 will apply from restocking.
If the products cannot be restocked, SGE participation will inform the Customer by all means, and will offer them an equivalent product. The Customer can then either accept the proposal or refuse it and request a refund of their entire order. If applicable, a total refund or payment of the difference between the unavailable product and the replacement product will be made, by the same payment method initially used.
Article 4. Price
Prices are expressed in Euros, all taxes included, excluding delivery, transport and customs taxes. These costs will be mentioned, if applicable, before validation of the order and invoiced additionally.
SGE participation reserves the right to modify its prices at any time. The price applicable to the Customer will be the price appearing on the Site on the day of the order.
Article 5. Order
5.1 Order process
Orders must be placed by the Customer on the Site, following the order process described below:
Email · First name · Last name · Company (not required) · Address · Next address (not required) · Postal code · City · Mobile phone
Choice of products and addition to basket => validation of the basket => identification billing address and delivery address imperative information of a First and Last Name, a delivery address, an email and a mobile phone number. => certification of the majority => familiarization with the T&Cs and check the box “I have read and I accept the T&Cs” => validation of payment after verification of the order)
An order confirmation email will be sent to the Customer to the email address provided by the latter.
During the order process, the Customer will be able to view, at any time, the details and total amount of their order, and correct any errors, before confirming it in order to express their acceptance. Only the Customer is responsible for errors made during the order process.
5.2 Order conditions
By placing an order, the Customer expressly accepts the prices, product descriptions and General Terms and Conditions.
Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of SGE participation.
By placing an order on the Site, the Customer expressly waives the benefit of article 1587 of the Civil Code, according to which the sale of wine is only definitively concluded after tasting and approval of the buyer.
SGE participation reserves the right to refuse or cancel an order:
– if the quantities of products ordered are abnormally high for buyers who are consumers; – of a Customer who does not have the capacity to contract in accordance with article 1 of these General Terms and Conditions; – of a Customer with whom there has previously been a payment incident.
5.3 Cancellation of an order
To be taken into consideration, any request to cancel an order must be made before shipping the products by SGE participation, by telephone or e-mail, specifying the name, first name, amount and order number. .
Article 6. Terms and conditions of payment for the order
The Customer must make payment immediately upon ordering by: Carte Bleue, Visa, Mastercard. For any other means of payment, the Customer must contact SGE participation directly.
The Customer guarantees SGE participation that he has sufficient funds to cover the amount of the order and the necessary authorizations for the use of the bank card used.
Payment by bank card is made via CREDIT AGRICOLE’s secure E-TRANSACTION platform integrated into the chateaulapointechantecaille.com website E-TRANSACTION secures transactions in 3D SECURE (VISA SECURE).
Article 7. Delivery of products
7.1 Delivery address
The products ordered are delivered to the address indicated by the Customer when ordering on the Site.
In the event that the products are returned to SGE participation due to an incomplete or false address, SGE participation will contact the Customer to inform them and request additional information or a new delivery address. The starting point for the new delivery time will begin upon receipt of information concerning the new address and the costs of this reshipment will be borne by the Customer. Under no circumstances can SGE participation be held responsible for the impossibility of delivering the products at the appropriate time and place.
7.2 Transport and reception of products
The products are insured by SGE participation during their transport in mainland France and travel at its own risk.
It is up to the Customer to check the condition of the packaging as well as the nature, condition, quantity, quality of the products and more generally the conformity of the products delivered to the content of the order concerned and to make all necessary findings in case of breakage, damage or missing items by clearly expressing your reservations on the delivery receipt. Signing the delivery receipt without reservation will constitute acceptance by the Customer.
Before signing the delivery receipt, in the event of an anomaly noted, the Customer must refuse delivery. The carrier will inform SGE participation, which undertakes to reship an identical product to the Customer as quickly as possible. Subject to the observation by SGE participation of the validity of the refusal of delivery by the Customer, SGE participation will be responsible for the reshipment costs. The Customer will not be able to demand reimbursement of the product and delivery costs.
After signing the delivery receipt, in the event of an anomaly noted by the Customer, he will be required to inform SGE participation and the carrier by registered letter with acknowledgment of receipt within 24 hours after delivery.
From delivery, SGE participation cannot be responsible for the risks of loss, deterioration of the products or damage that the Customer could cause to them.
7.3 Delivery time
The Customer’s order will be shipped within a maximum of 3 working days from receipt of payment provided that the products ordered are available.
In any case, the order will be delivered within 30 days maximum provided that the delivery address is complete and accurate and that the telephone number is valid.
In the event of non-compliance with this delivery deadline by SGE participation, the Customer has the option of ordering SGE participation to make delivery within a reasonable additional time, by registered letter with acknowledgment of receipt sent to the following address: 10 avenue de l’Eglise Romane 33370 Artigues-Près-Bordeaux
It is only if SGE participation has not executed within this period that the Client has the possibility of resolving the contract, according to the same terms.
In the event of non-compliance with the delivery time by SGE participation, the latter will in no case be liable for indirect damages that the Customer may claim. This indirect damage includes any loss of income, profits, interest or markets, and any loss linked to the impossibility of using all or part of the shipment.
7.4 Force majeure and fortuitous events
Please note that force majeure or fortuitous events release – temporarily or permanently – SGE participation from any delivery commitment without compensation for the benefit of the Customer. Therefore, SGE participation cannot be held responsible for delays, losses, damage, degradation of quality, errors or failure to deliver.
Such a situation includes any events or causes outside the control of SGE participation, hindering or stopping the supplies or deliveries of SGE participation or those of its suppliers or subcontractors, and preventing SGE participation in good faith from carrying out the delivery of the products subject to the order.
Article 8. Liability
SGE participation guarantees to provide products that comply with current regulations and the characteristics announced on the Site.
SGE participation cannot be held liable in the event of incomplete or incorrect entry by the Customer, in the event of stock shortages or unavailability of products, in the event of indirect damage linked to non-compliance with the delivery deadline, or for all situations provided for in article 7.4 and generally all events outside the control of SGE participation which do not allow the proper execution of the order.
Article 9. Reservation of title clause
It is expressly agreed between the parties that the goods remain the property of the seller until full and perfect payment is made in accordance with Law No. 80.335 of May 12, 1980. The transfer of ownership to the purchaser will take place from the day of full payment of the price. Notwithstanding the above, the Customer will have upon receipt of the goods full responsibility for them with regard to any risk.
Article 10. Right of withdrawal
10.1 Exercise of the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, as a consumer, the Customer may exercise his right of withdrawal within fourteen (14) days from receipt of the products ordered. The Customer does not have to provide reasons and will not suffer any penalty.
To exercise this right of withdrawal, the Customer must notify his intention to withdraw, before the expiration of the withdrawal period, through an unambiguous declaration via: – a letter including his name, his address and possibly his number. telephone and email address sent to the address (postmark as proof): 10 avenue de l’Eglise Romane 33370 Artigues-Près-Bordeaux; – an e-mail containing his name, his address and possibly his telephone number and his e-mail address sent to the address (the date of sending as proof): contact@pointechantecaille.com – the non-obligatory withdrawal form present in annex to these General Terms and Conditions.
10.2 Product return conditions
The Customer undertakes, within fourteen (14) days following the sending of his decision to withdraw, to reship the products, in their original condition and packaging, in perfect resalable condition, to the address next: 10 avenue de l’Eglise Romane 33370 Artigues-Près-Bordeaux
The transport of returned products is the responsibility of the Customer, who must choose a suitable return shipping method.
Return shipping costs will be the responsibility of the Customer. SGE participation will reimburse the Customer for the entire price paid including delivery costs (corresponding to the least expensive method of suitable standard delivery), as soon as possible and at the latest within fourteen (14) days following the date on which SGE participation will have been informed of the Client’s decision to withdraw.
The reimbursement will be made using the same means of payment as that used by the Customer during the initial transaction, unless the Customer expressly agrees that SGE participation uses another means of payment and to the extent that the reimbursement does not cause any inconvenience. costs for the Customer.
In accordance with article L.221-24 of the Consumer Code, SGE participation may defer reimbursement until receipt of the product(s) or until the Customer has provided proof of their shipment, the date chosen being that of the first of these facts. Proof of shipment of the product means any means enabling the shipment of the product concerned to SGE participation to be justified without possible dispute.
It is recalled that the Customer’s responsibility, in the event of withdrawal after use of the product(s), is incurred with regard to the depreciation of the product(s) resulting from manipulations other than those necessary to establish the nature, characteristics and goodness of the product(s). operation of this or these products. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
Article 11. Guarantees
SGE participation is bound to its Customers by the legal guarantee of conformity mentioned in articles L. 217-4 et seq. of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in articles 1641 et seq. of the Civil Code.
In the event of non-conformity of the products, the Customer is invited to contact SGE participation (by mail, email or telephone) who will take care of it by indicating the terms of return, replacement or refund.
The Customer has two non-cumulative choices:
When acting as a legal guarantee of conformity, the Customer:
– benefits from a period of two years from the delivery of the property to take action; – can choose between replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; – if replacement of the product is impossible, if the solution requested by the Customer has not been implemented within one month or if this solution cannot be implemented without major inconvenience for the Customer taking into account depending on the nature of the item and the use he is seeking, the Customer may obtain a refund against delivery of the item or a reduction in the price in the event that he wishes to keep it. However, the sale cannot be canceled if the lack of conformity is minor. – is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
On the other hand, the Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code.
Article 1648 paragraph 1 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
Article 2232 of the Civil Code: “The postponement of the starting point, the suspension or interruption of the prescription cannot have the effect of extending the period of extinctive prescription beyond twenty years from the day of the birth of the right “.
Article 12. Personal data
Right of access, rectification and deletion The information collected on the Site is subject to computer processing intended for the proper functioning of the service and in particular for the processing of orders, the creation of customer files and their distribution to third parties. responsible for the execution and payment of orders.
In accordance with the “Informatics and Freedoms” Law of January 6, 1978 as amended, the Customer has at any time a right of access, rectification and deletion of information concerning him with SGE participation.
The Customer can exercise this right by contacting SGE participation by mail 10 avenue de l’Eglise Romane 33370 Artigues-Près-Bordeaux or by email (contact@pointechantecaille.com). Proof of identity may be requested from the Customer for any request. If the Customer does not wish his contact details to be reused for commercial purposes and/or transmitted to third parties, he is invited to inform SGE participation by post or e-mail to the addresses indicated above.
Article 13. Cookies
The Site uses cookies. These are small text files recorded on the Customer’s hard drive, most of which are intended to enable or facilitate navigation and are necessary for the proper functioning of some of the Site’s services.
The Customer can express his consent or oppose the use of cookies by configuring his connection device appropriately. The “Help” section of most browsers indicates how to make the settings.
Article 14. Intellectual Property
All elements (database, graphics, texts, photographs, etc.) of the Site are protected by intellectual property rights belonging to SGE participation.
No reproduction (other than for strictly private use) of any of the elements of the Site, nor any hyperlink to the Site, may take place without the express prior authorization of SGE participation.
Article 15. Alcohol abuse
Alcohol abuse is dangerous for health. Know how to consume and enjoy in moderation.
These General Terms and Conditions are subject to French law.
Article 16. Dispute resolution
In the event of a dispute over the interpretation, execution or validity of these General Terms and Conditions, we invite the Customer to seek an amicable solution by contacting our Customer Service in advance by sending a letter to the following address: the Church Romane 33370 Artigues-Près-Bordeaux or an e-mail to the following address (contact@pointechantecaille.com).
If this complaint relates to a product, it must, within this period, be kept in its original condition or packaging so that any complaint can be taken into account.
In the event of failure of the complaint request to Customer Service or in the absence of a response from this service within two months, the Customer may submit the dispute opposing him to SGE participation to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Customer remains free at any time to take legal action before the court.
The competent court will be that of the place of domicile of the defendant or that of the place of actual delivery of the thing. Article 18. Translation These General Terms and Conditions have been written in French and have been translated.
It is agreed that in the event of difficulty in interpretation, the French version will prevail.
