Terms and conditions of sale

Last update 01/04/21

These terms and conditions of sale apply to all sales concluded on the chateau-la-clyde.fr website, subject to the special conditions indicated in the product descriptions.

Article 1 - Scope

These Terms and Conditions of Sale (hereinafter referred to as "T&CS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Seller on the website www.chateau-la-clyde.fr. The Products offered for sale on the site are the following:

Bottles of WINE

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 www.chateau-la-clyde.fr website, which the client is required to read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to availability, as specified when the order is placed.

These T&CS are available at any time on the website www.chateau-la-clyde.fr and shall prevail over any other document.
The Customer declares that he/she has read these T&CS and has accepted them by ticking the box provided for this purpose prior to the implementation of the online ordering procedure on the www.chateau-la-clyde.fr website.
In the absence of proof to the contrary, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

The Seller's contact details are as follows:

CHATEAU LA CLYDE, EI

Registration number: 342 093 325 00021

55 PLACE MIATTE 33550 TABANAC
Email : laclyde@orange.fr
Phone: 06 14 27 66 83
VAT number FR 05 342093325
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Article 2 - Prices

The Products are supplied at the prices in force on the website www.chateau-la-clyde.fr, at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices take into account any discounts granted by the Seller on the website www.chateau-la-clyde.fr.
These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time.

The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

Article 3 - Orders

It is up to the Customer to select the Products he/she wishes to order on the www.chateau-la-clyde.fr website, according to the following procedures:
_______________.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.
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 to report any errors immediately.
Any order placed on the www.chateau-la-clyde.fr website constitutes a contract concluded remotely 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 concerning the payment of a previous order.
The Customer can follow the progress of his order on the site.
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Article 4 - Payment terms

The price is paid by secure payment, as follows:
- payment by credit card
- or payment by bank transfer to the Seller's bank account (the details of which are given to the Customer when the order is placed)

The price is payable in cash by the Customer, in full, on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions on the www.chateau-la-clyde.fr website.

Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full in accordance with the above conditions.

Article 5 - Shipping

The Products ordered by the Customer will be delivered in metropolitan France.

Deliveries are made within a period of time depending on the carrier to the address indicated by the Customer when ordering on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the ordered Products were not delivered within 15 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions envisaged in articles L 216-2, L 216-3 and L241-4 of the Code of consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention.

Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
When the Customer has himself/herself called upon a carrier that he/she chooses, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and shall have no recourse against the Seller in the event of failure to deliver the goods transported.
Delivery times are dependent on the carrier to whom you must notify any problem upon receipt of the boxes.
The Customer is required to check the condition of the products delivered. The Customer has a maximum of 8 days from the date of delivery to make a complaint in writing, accompanied by all relevant documents (notably photos). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these T&CS.

The transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

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Article 6 - Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

Article 7 - Right of withdrawal
According to the terms of Article L221-18 of the Consumer Code "
In the case of contracts providing for the regular delivery of goods during a specified period, the period shall run from the date of 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 unambiguous statement expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the T&CS.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The cost of returning the goods shall be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.
Article 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for defective or damaged Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and making them unfit for use,

Provisions relating to legal guarantees
Article L217-4 of the French Consumer Code
"The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L217-5 of the French Consumer Code
"The good is in conformity with the contract:
1° If it is fit for the use normally expected of similar goods and, if so:
- if it matches the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- if it has the qualities that a Buyer may legitimately expect, having regard to the public statements made by the Seller, the Producer or his Representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter."
Article L217-12 of the French Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods."
Article 1641 of the French Civil Code
"The Seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the Buyer would not have acquired it, or would only have given a lesser price for it, if he had known about them."
Article 1648 paragraph 1 of the French Civil Code
"The action resulting from redhibitory defects must be brought by the Buyer within two years of the discovery of the defect."
Article L217-16 of the French Consumer Code
"When the Buyer asks the Seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service."
In order to assert his rights, the Customer must inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery.
The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller cannot be held responsible in the following cases:
- non-compliance with the legislation of the country to which the products are delivered, which it is up to the Customer to check,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.
The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.

Article 9 - Personal Data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sales contract.

9.1 Collection of personal data
The personal data that are collected on the website www.chateau-la-clyde.fr are the following:

Ordering Products:
When Products are ordered by the Customer:
Names, first names, postal address, telephone number and e-mail address.

Payment
Regarding the payment of the Products offered on the site www.chateau-la-clyde.fr, the latter records financial data relating to the bank account or credit card of the Customer/user.

9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.
The category(ies) of co-contractor(s) is/are :
- Transport providers

9.3 Data controller
The data controller is the Seller, within the meaning of the French Data Protection Act and as of 25 May 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing
Unless the Customer expressly agrees, his/her personal data will not be used for advertising or marketing purposes.

9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.

9.6 Security and confidentiality
The Seller implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Enforcement of Client and User Rights
In application of the regulations applicable to personal data, Customers and users of the site www.chateau-la-clyde.fr have the following rights:
- They can update or delete their data in the following ways:
https://chateau-la-clyde/mon-compte/en.
- They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
- They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller".
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".
- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Seller to another provider
- Finally, they may object to the processing of their data by the Seller
These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month.
If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

Article 10 - Intellectual Property
The content of the www.chateau-la-clyde.fr website is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright.
Article 11 - Applicable Law - Language
These T&CS and the transactions arising from them are governed by and subject to French law.
These T&CS are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
Article 12 - Disputes

For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these T&CS.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the appointed mediator is
In case of dispute, the competence is strictly reserved to the court of Bordeaux.

The Customer is also informed that he can also use the Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes arising from the purchase and sale operations concluded in application of these T&CS and which have not been settled amicably between the seller or by mediation shall be submitted to the competent courts under the conditions of common law.

Réalisé sur https://www.legalplace.fr

Article 13 - APPENDIX I
Withdrawal Form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.chateau-la-clyde.fr except for exclusions or limitations to the exercise of the right of withdrawal according to the applicable Terms & Conditions of Sale.
Attention: EI, CHATEAU LA CLYDE
55 PLACE MIATTE 33550 TABANAC
I hereby give notice of withdrawal from the contract for the following goods:
- Order from (indicate date)
– Order Number: …………………………………………………..
– Customer Name: …………………………………………………………………
– Customer Address: ……………………………………………………………..

Customer Signature (only in case of notification of this form on paper)

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