Loading the basket Terms and conditions of sale
SAS CHÂTEAU DE BELLET – 539736959 – 482 chemin de Saquier – 06200 – Nice – in the person of its legal representative duly authorized to conclude the present contract (hereinafter the “Seller”), publishes and operates the website accessible at the URL shop.chateaudebellet.com
The Site is an online sales site on which a winegrower/chateau (the “Seller”) markets its products. The Seller is a wine professional wishing to have a solution enabling him to offer his wines (the “Products”) to private buyers via the Internet (the “Customers”). Internet users browsing the Site, Customers and the Seller are hereinafter referred to as “Users”.
These General Terms and Conditions of Sale (the “GTCS”) govern the relationship between the Vendor and any individual of legal age in his or her country of residence placing an order on the Site (the “Customer”). They apply to sales of Products concluded between the Vendor and the Customer on the Site. The Products sold by the Vendor come from its own production and are not intended for resale.
Protection of minors
In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors is prohibited, the creation of an account and the placing of orders with Sellers are strictly reserved for adults aged 18 and over.
Alcohol abuse is dangerous for your health, and should be consumed in moderation.
Consumer mediation
In accordance with articles L.612-1 et seq. of the French Consumer Code, SAS CHATEAU DE BELLET provides its customers with a mediation mechanism for the amicable resolution of any disputes that may arise.
The company is affiliated with the following mediator:
Société Médiation Professionnelle (SMP)
Website: https://www.mediateur-consommation-smp.fr
Address: 24 rue Albert de Mun, 33000 Bordeaux, France
In the event of an unresolved dispute with our services following a prior written complaint, the consumer may refer the matter free of charge to the consumer mediator listed above in order to seek an amicable solution.
The mediator can be contacted via :
Online form: https://www.mediateur-consommation-smp.fr/saisir-le-mediateur
Or by post to the above postal address.
Article 1 – CUSTOMERS
1.1 – The wines (the “Product(s)”) offered for sale on the Site are strictly reserved for “natural persons” who have reached the age of majority in their country of residence, who have full legal capacity in their country of residence to order on the Site, and who have a valid delivery and billing address. The Products are not intended to be used for advertising or communication purposes. The Products are not intended for resale.
IF YOU DO NOT MEET THESE CONDITIONS, YOU MUST LEAVE THIS SITE IMMEDIATELY.
1.2 – The sale of alcohol is forbidden to persons under the legal purchasing age.
or consumption of alcohol, the Customer confirms that he/she is of legal age to purchase or consume alcohol. The Customer guarantees that the person receiving the delivery is of legal age to purchase or consume alcohol in his/her country. In accordance with the provisions of article L.3342-1 of the French Public Health Code, the Vendor reserves the right to ask the Customer to provide proof of identity and age.
Article 2 – ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF SALE
2.1 – By placing an order, the Customer acknowledges that he/she has read the present GTC and agrees to be bound by them.
2.2 – The General Terms and Conditions are subject to change at any time. The customer is bound by each modification and should therefore regularly visit this page to check the current version of the general terms and conditions.
2.3 – The Customer may print out these General Terms and Conditions or save them on his/her computer in PDF format.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT PLACE ORDERS ON THIS SITE.
Article 3 – RESPONSIBLE ALCOHOL CONSUMPTION
The Customer acknowledges that the consumption of alcohol must be moderate and responsible. The Seller undertakes to promote the moderate use of its products. Irresponsible alcohol consumption can cause serious damage to health and society. For further information: http://www.responsibledrinking.org/
Article 4 – PRODUCTS
4.1 – Description of Products
Each Product offered on the Site is described in terms of its essential characteristics. The photographs or graphic representations used to illustrate the Products, whether standard or customized, are not contractually binding.
The Seller must comply with French standards applicable to the products sold. The Vendor may be required to modify its Products and packaging in order to comply with these standards, in particular by integrating logos and/or mandatory information.
4.2 – Product availability
Product offers are subject to availability. In the event of unavailability, the Product may no longer be ordered on the Site.
In the event that the product is no longer available in the quantity ordered, the Vendor will inform the Customer so that he may decide whether or not to accept the reduction of his order. If the Customer does not agree to this reduction, the order will be automatically cancelled and reimbursed as soon as possible.
Article 5 – ORDERING
5.1 Creating a customer account
5.1.1 – The Customer will be able to create an account on the Site at the time of his/her first order and, to this end, will have to fill in the form provided. This form includes “mandatory” information required to identify the Customer (title, surname, first name, date of birth, e-mail address and password). This information is indicated by a star (*) on the Site. This form also includes “optional” information that the Customer is not obliged to complete in order to place an order on the Site (information not marked with a star).
The password chosen by the Customer is personal and confidential. It will enable him/her to identify himself/herself later on the Site.
If you have forgotten your password, you can request a new one by clicking on the “Forgotten password” tab in the “My account” section.
The password is personal to the Customer. It is the sole responsibility of the Customer and it is the Customer’s responsibility to keep it confidential. The Customer must ensure that no person other than him/herself, particularly a person under the legal age for the purchase or consumption of alcohol, will use his/her login and password to purchase alcoholic products. The Customer is deemed to be able to control access to the e-mail address he has provided. It is the Customer’s responsibility to ensure the confidentiality of its login and password and to assume responsibility for any damage that may result from unauthorized access to the Site due to or related to the disclosure of its login and/or password.
The information provided on the form must be complete, accurate and up-to-date. The Vendor may, if necessary, ask the Customer to confirm (by any means) the information provided and his/her identity.
The creation of an account is limited to one account per person (same first name/last name and same household/postal address). Any attempt at fraud (use of a false identity, truncated/modified spelling of first or last name, etc.) may result in deletion of the account.
5.1.2 – The Customer may also order without creating an account, by ordering as a guest. To do this, they need only provide the information required to process their order.
5.2 – Ordering steps
To order a product on the Site, the Customer must follow the steps below:
The Customer selects the Products he wishes to order and adds them to the basket by clicking on “Add to basket”.
They can access their basket by clicking on “Basket”.
On the “Shopping Cart” page, the Customer can :
– Add/remove items from your shopping cart,
– Enter their PROMO CODE (promotional code) if they have one, – View their basket summary, including any promotions applied. To proceed to the next step, the customer must
(i) accept these General Terms and Conditions of Sale made available via a hypertext link by clicking on the checkbox provided for this purpose and
(ii) click on “Checkout”.
Customers are then asked to identify themselves, unless they are already logged in; if they already have a customer account, they enter their email address (login) and password. If they do not have a customer account, they create a customer account where they order as a guest.
When ordering for the first time, the Customer is redirected to the “Delivery Address” page in order to enter his/her delivery and/or billing address. They then click on “Save address”.
The Customer is automatically redirected to the “Delivery” page in order to define their delivery details. Customers can modify their delivery or billing address by clicking on “Modify” or “Add a new address”. It is also at this stage that the Customer must provide any administrative documents required for the order to be processed correctly, in particular to clear customs in the destination country in full compliance.
To proceed to the next stage, the Customer must click on “Confirm delivery”, which will take them to a summary of the information they have provided. At this stage, the Customer is informed that any error in the information provided may result in the cancellation of the order. Once the order has been validated, the Customer is taken to the “Payment” page, where they can select their method of payment.
To definitively confirm and pay for the order, the customer clicks on “Confirm my order and pay”. The customer is then redirected to the payment service provider’s transaction platform, where he/she enters his/her bank details and confirms payment.
Once the Customer has validated and paid for his/her order,
(i) he/she is automatically redirected to a page of the Site on which the Vendor confirms his/her order,
(ii) At the same time, the Customer will receive an e-mail from the Vendor acknowledging receipt of the order, with an order number and a summary of the order.
Article 6 – PRICE AND PAYMENT TERMS
6.1 – Prices
The prices of the Products are those indicated on the Site at the date of the order. They are indicated in the currency chosen by the customer from among 21 currencies.
By displaying the basket details, the customer has access to the price including taxes, duties and customs clearance as well as delivery.
6.2 – Billing
A detailed invoice will be issued for each order and sent to the Customer by e-mail at the same time as confirmation of dispatch of the order (or at the time of payment).
6.3 – Terms of payment
All credit card payments are made via the secure online payment system.
The Customer is the holder of the card used. The Customer is then automatically redirected to the transaction platform of the bank providing the payment. Banking information is entered via a secure server, guaranteeing the security and confidentiality of the information provided by the Customer during the banking transaction.
An order confirmation is sent by e-mail to the Customer. The order placed is firm and definitive. Placing an order implies full acceptance of these terms and conditions. SIte’s automatic recording systems are considered by the parties as proof of the nature, content and date of the order.
Regardless of the method of payment chosen, the Vendor reserves the right to refuse any order or delivery in the event of (i) refusal to authorize payment by the banking institution or (ii) total or partial non-payment of a previous order by the Customer.
Article 7 – SHIPPING
Goods are delivered via the services of Planet Aura,
SARL with capital of €1,000, registered in the Castres Trade and Companies Register under number 850 624 636,
with registered office at: 5 Impasse François Arago, 81100 Castres (France).
Shipments are mainly made on a DDP (Delivered Duty Paid) basis, guaranteeing that the Customer/Recipient has no formalities to complete and no additional costs to pay on delivery.
Planet Aura issues the waybill, takes care of administrative and customs formalities, and monitors your shipment through to delivery.
The Customer/Consignee benefits from a global price delivered to his domicile, Planet Aura paying on his behalf customs duties and import taxes according to the regulations of the country of destination.
However, certain destinations may be shipped DAP (Delivered At Place), in particular when local legislation requires the Customer/Consignee to pay duties and taxes directly to the customs authorities in his country.
In this case, Planet Aura will inform the Customer/Recipient of the specific conditions applicable to his/her order.
The Customer/Consignee is then solely responsible for payment of import duties and taxes, as well as any administrative procedures required by the local authorities.
Planet Aura expressly reserves the right :
- modify the opening or closing of an incoterm (DDP/DAP) according to geopolitical, regulatory or customs developments in the countries concerned;
- revise the value of applicable taxes, excise duties or handling fees according to annual or exceptional changes in the official scales of destination countries.
The tariffs applied are fixed for the current calendar year.
Planet Aura informs partner Sellers each year of the new tariffs applicable for the following year, including any changes to incoterms and tax scales.
Planet Aura acts as logistics intermediary on behalf of the Seller.
The sales contract is concluded directly between the Seller and theCustomer/Consignee, Planet Aura acting only as agent for the dispatch and delivery of the goods.
Planet Aura cannot be held responsible for any delay in delivery due to customs control, changes in regulations, force majeure or non-payment of taxes on arrival by the Customer/Consignee.
Article 8 – DELIVERY
Delivery times, excluding customs formalities and outside the European Union, may vary from 48 hours to two months, depending on the destination, administrative or customs formalities, and the wishes expressed by the Customer/Recipient at the time of ordering.
Planet Aura cannot be held responsible for any delays beyond its control.
The transfer of risks relating to the goods takes place when the package is actually handed over to the Customer/Consignee or to any person authorized to receive it.
Planet Aura monitors transport and manages all possible situations on behalf of the Seller and the Customer/Consignee (absence, change of address, customs blockage, etc.) in order to guarantee delivery under the best possible conditions.
In the event of anincorrect address or information provided by the Seller or the Customer/Consignee, the costs incurred (return, relabeling, reshipment, temporary storage, etc.) will be borne by the party responsible, whether the Seller or the consignee.
If the Customer/Consignee refuses the goods even though all contractual conditions have been met (products conform, documents provided), Planet Aura cannot be held responsible.
Likewise, in the event of apayment objection by the recipient after shipment, Planet Aura bears no financial responsibility.
On receipt, the Customer/Consignee or the person designated to receive the wines is asked to check the contents of the package and the condition of the bottles.
In the event of breakage, the Customer/Consignee must refuse delivery and note the damage on the delivery note, then immediately report the incident to Planet Aura by e-mail to contact@planet-aura.com within 48 hours.
After this period, any claim will not be accepted, except in the case of mandatory legal provisions applicable to consumers.
All goods shipped must be declared to Planet Aura. In case of false declaration (quantity, value, nature of the products, or real weight), Planet Aura cannot be held responsible for blocking, destruction, return or customs fines.
If goods are added after validation of the shipment, modifying the total declared weight, Planet Aura reserves the right to invoice a supplement to the initial payer.
From the moment Planet Aura receives the order, it reserves the right to communicate directly with the recipient in order to obtain all the information necessary for the proper execution of the delivery, in particular for customs, logistical or administrative formalities.
Planet Aura may request any document required by customs, including the recipient’s personal information (identity, address, tax number, etc.).
If the recipient pays the order directly to Planet Aura, he becomes a direct customer of Planet Aura, which assumes the contractual sales and delivery relationship.
Article 9 – REPLACEMENT INSURANCE
Insurance covers loss or breakage of goods up to €20,000 per shipment.
This insurance is only valid if the goods are transported in specific high-quality packaging (polystyrene or reinforced cardboard) supplied u controlled by Planet Aura.
For shipments with a value exceeding €20,000, additional insurance may be taken out by the seller or the customer/consignee prior to dispatch.
The insurance does not cover:
- natural product alterations (wine evolution, oxidation, sediments, etc.),
- stains on labels,
Planet Aura systematically offers storage and delayed departure solutions to preserve product quality before dispatch.
Reshipment costs due to breakage or loss are identical to those invoiced initially.
The amount of goods refunded corresponds to the value indicated on the Planet Connect interface at the time of ordering.
Implementation procedure :
The Customer/Recipient must inform Planet Aura of the breakage or loss, accompanied by photos and the refusal of the parcel upon delivery.
Once the claim has been validated, Planet Aura offers the Customer/Consignee the possibility of buying back the wines and reshipping them.
If the wines are no longer available, Planet Aura will send a proposal of equivalent wines in agreement with the seller.
In the event of refusal, Planet Aura will proceed with the refund on the basis of the value indicated on Planet Connect.
Planet Aura cannot be held responsible for events beyond its control or resulting from a case of force majeure, as defined in article 1218 of the French Civil Code, including in particular natural disasters, war, epidemics, blockages of means of transport or communication, or administrative decisions.
Article 10 – LIABILITY – FORCE MAJEURE
The Vendor’s contractual obligations will be automatically suspended and his
responsibility in the event of force majeure (as this term is defined by article 1218 of the French Civil Code and by case law) likely to prevent delivery of the Products. After one month from the order date, the Customer may cancel the order. The Customer will receive a full refund (including delivery charges, duties and customs clearance).
Furthermore, the Vendor cannot be held responsible for any interruption of the connection, server breakdown, electrical problems or other problems linked to the Internet computer network. Finally, the Vendor may not be held liable in the event that the Products delivered are stored or consumed/used in conditions that are abnormal or incompatible with their nature.
Article 11 – RIGHT OF WITHDRAWAL
11.1 – Notification to the Vendor of the decision to withdraw
The Customer has a right of withdrawal which he may exercise without having to give reasons or pay penalties. This withdrawal period expires fourteen (14) clear days after the day on which the Customer, or a third party designated by the Service Provider (other than the Service Provider), takes physical possession of the Products.
If the Customer orders several Products in a single order, or if the Products have been delivered in several parts, the withdrawal period does not begin until the Customer, or a designated third party other than the Service Provider, takes physical possession of the last Product or the last part of the delivery.
In order to exercise his right of withdrawal, the Customer must inform the Vendor of his decision to withdraw within the aforementioned period by any unambiguous statement before the expiry of the withdrawal period, in particular :
(i) by post to the Seller’s postal address shown on the invoice
(ii) by e-mail to the Seller’s e-mail address indicated on the invoice
11.2 – Return of products subject to retraction
Following communication of the Customer’s decision to withdraw, the Customer must return the product(s) complete, unconsumed and unopened, in their original packaging specifically designed for the transport of wine. The shipment must include the return slip or a copy of the invoice to enable the Vendor to identify the origin of the products.
returned. Returns must be made without undue delay and at the latest within fourteen (14) days following the communication by you of your decision to withdraw.
Returns must be made to the Vendor’s address shown on the invoice. If the products are not returned within fourteen (14) days of the Customer’s decision to withdraw, no refund will be made.
The costs and risks of returning the product(s) remain the responsibility of the Customer. In the event of depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the products, the Customer may be held liable.
11.3 – Refund of products subject to retraction
The Vendor will refund all sums paid, excluding initial delivery charges. Unless the Customer agrees to another means of reimbursement, the Product(s) will be reimbursed according to the initial method of payment used by the Customer at the time of ordering, without undue delay and, in any event, no later than fourteen (14) days from the date on which the Vendor was informed of the Customer’s decision to withdraw. Reimbursement of this sum may, however, be deferred until the actual recovery of the returned Products or until the Customer has provided proof of shipment of the Product, whichever is the earlier.
The Customer is informed that the right of withdrawal cannot be exercised for (i) Products which have been opened or unsealed after delivery and which cannot be returned, in particular for reasons of hygiene or health protection, and (ii) orders for Products which have been customised or specifically requested by the Customer at the time of ordering (special formats, customised packaging, etc.).
Article 12 – LEGAL GUARANTEES ON SALE OF PRODUCTS
As a reminder, the Products must be stored, handled and consumed in compliance with the general rules applicable to alcoholic beverages and in accordance with custom and any instructions accompanying the Product or appearing on the Site. In addition, they must be consumed within a period of time appropriate to their nature and characteristics.
Customers are reminded that they benefit from the legal guarantee of conformity provided for in Articles L. 217-3 to L. 217-17 of the French Consumer Code, and from the guarantee relating to defects in the item sold under the conditions provided for in Articles 1641 to 1648 of the French Civil Code. If the Products delivered do not conform to the Products ordered, or if they have hidden defects, the Customer is invited to contact the Vendor within 72 hours of receipt of the order to notify the Vendor of the non-conformity or hidden defects of the Product(s).
The Seller acknowledges receipt of the request and informs the Customer of the procedure to be followed. On receipt of the Vendor’s instructions, the Customer must return the non-conforming or damaged Product(s) to the address indicated.
The Product(s) must be returned, at the Seller’s expense, complete, unconsumed and unopened (except in the case of hidden defects), in their original, undamaged packaging (except in the case of hidden defects) and, where possible, accompanied by their original packaging. The packaging and mode of transport must be perfectly suited to the Products in order to guarantee their integrity. In order to identify the return, it must be accompanied by the return slip and a copy of the invoice.
Article 13 – Promotional codes
Promotional codes may not be exchanged for cash, used in conjunction with one another, reused in another transaction or used fractionally across multiple orders. The Seller reserves the right to invalidate any promotional code used or applied in violation of the above requirement.
Article 14 – NO WAIVER
The fact that the Vendor does not avail itself at a given time of one of the provisions of the GCS may not be interpreted as a waiver by the Vendor of its right to do so at a later date.
Article 15 – INTELLECTUAL PROPERTY
No part of the Site may be reproduced or stored on any other website or included in any public or private data retrieval system or service without the prior written permission of the Publisher and Site Designer.
15.2 – The purchase of a Product does not give the Customer any right to the names, brands or labels of the Product. It is strictly forbidden to use the Products or brands distributed by the Vendor for advertising or communication purposes.
Article 16 – PRIVACY POLICY
All personal information concerning Le CLient communicated during the use of the Site, including nominative personal information collected during any registration or order process, is subject to the Site’s Privacy Policy, which forms an integral part of these GTC and which is accessible at the bottom of each page of the Site.
Article 17 – EVIDENCE, PRESERVATION AND ARCHIVING OF TRANSACTIONS
Computerized registers, kept in the Vendor’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments. Order forms and invoices are archived on a reliable and durable medium, in accordance with legal provisions.
Article 18 – LANGUAGE OF TERMS AND CONDITIONS
The GCS have been drafted in French and translated into English.
In the event of a dispute, in particular in the event of mediation (or any other alternative dispute resolution method) or before a court of law, only the French version shall be deemed authentic.
Article 19 – DISPUTES – APPLICABLE LAW
These terms and conditions are governed by French law.
In the event of a dispute, subject to having first referred the matter to the Vendor and in accordance with the provisions of article L. 612-1 of the French Consumer Code, the Customer may have recourse to a conventional mediation procedure.
The customer is also free to use the online dispute resolution service offered by the European Commission.
In the absence of an amicable agreement between the parties, any dispute arising from the formation, interpretation or performance of these General Terms and Conditions of Sale or any order shall be subject to the jurisdiction of the French courts.
Article 20 – CONSERVATION OF PRODUCTS
The Vendor is in no way responsible for any defects that may affect the Products purchased from him, caused by improper storage or handling of the Products.
Products by the Customer.
It is the Customer’s responsibility to ensure that the Products are properly stored in a suitable place.
Even “keeper” Products cannot be kept forever. It is the customer’s responsibility to respect the consumption recommendations given by the Vendor.