It has therefore been agreed and decided as follows:
For a proper understanding of these Terms and Conditions, the Parties agree to the following definitions:
The Site is available in French. Access to and use of the Site and the Services available on the Site are subject to the terms and conditions of these General Terms and Conditions of Sale (hereinafter the “GTCS”).
By using the Services and the Site, Users accept the Terms and Conditions and any regular updates made by the domain.
The GCS apply to all sales of Products made via the Site and its Services and are intended to govern the relationship between the seller and the Buyers. They apply in addition to the Sellers’ general terms and conditions of use.
As the GTC are subject to change at any time, those applicable are those in force on the day the Buyer places the order.
Buyers of the Site are advised to consult this page regularly.
The Products are presented on the Site by means of a Product Sheet with a description enabling the Buyer to know their essential characteristics and Price.
The information relating to the offers has been provided by the Seller, who is solely responsible for the content of the description provided, its completeness and the compliance of the Product offered with the description.
The photos and visuals of the Products are provided for illustrative purposes only and are not contractually binding.
3.1 Ordering process on the Site and order confirmation
a. Purchasers may order the Products offered by the Seller on the Site as long as the Product offers shown on the Product Sheets are visible on the Site.
In order to place an order, a minimum number of Products must be ordered. This minimum is three (3) Products. The Buyer is informed of this when the order is placed and validated.
b. An e-mail confirming the order is then automatically sent to the Buyer (this e-mail contains all the information required by article L. 121-19 of the French Consumer Code).
However, the sales contract is subject to (i) the resolutory condition that the Product is available (see article 3.2 below).
Once the order has been confirmed to the Buyer, the information concerning the Buyer’s order will remain accessible on his/her account, in the “My Orders” section.
3.2 Availability of the Product(s) – Resolving condition
The sales contract is subject to the resolutory condition that the Products are available and that the Supplier has acknowledged receipt of payment.
Once the Buyer’s order has been taken into account, the Vendor has a period of forty-eight (48) working hours in which to notify the Buyer that a Product is not available.
In the event that (i) the same Product is ordered by several Buyers at the same time and (ii) this Product is no longer available in sufficient quantity to satisfy all the orders, it will be sold in chronological order of the orders placed by the Buyers on a “first come, first served” basis. The order will then be cancelled for the other Buyers.
In the event that the Product(s) is/are unavailable after the Buyer has placed his/her order, or in the event that the Seller fails to respond to the Buyer within forty-eight (48) working hours regarding the availability of the Product(s), the Buyer will be notified by e-mail sent by the Seller. The Buyer will then be offered a similar Product or may be reimbursed for the amount debited, depending on his/her choice. In the latter case, the contract concluded between the Buyer and the Seller will then be automatically terminated and each of the parties will be released from their obligations. The Buyer’s bank account will be credited with the amount of the cancelled order within seven (7) days. However, only the contract for the sale of the unavailable Product(s) is affected by this cancellation.
It should be noted that only the Vendor has control over the availability of the Product. The sales contract is deemed to have been concluded at that time.
4.1. Sale Price
The Price is indicated on the Site in euros, inclusive of all taxes, excluding delivery costs.
Delivery costs are automatically added to the price of the Product before the order is validated by the Buyer.
4.2 Terms of payment
Payment of the Price of the Product(s) and delivery costs is made when the order is placed on the Site.
Payment of the Price is made by bank card. The Buyer will be debited for the price of the Products purchased from the moment he/she validates and confirms his/her order online.
If payment is not received by the Vendor within forty-eight hours (48h) of the order date, the sales contract is automatically terminated (cf. article 3.1.b). Each party is therefore released from its obligations.
The Buyer will therefore provide accurate, complete and non-fraudulent information when paying for the order. The Buyer declares and guarantees that he/she is fully capable and authorised to use the bank card and that he/she has sufficient funds, on the bank account attached to the bank card used, to pay for his/her order.
4.3. Payment security
The Vendor has adopted the most effective security systems currently offered by the Service Provider, which establish an encrypted connection directly between the Buyer and the bank. The Vendor uses the Stripe solution using the SSL (Secure Socket Layer) and 3D Secure encryption process, but reserves the right to change systems at any time.
Under no circumstances does the Seller have access to confidential information relating to the means of payment used by the Buyer during payment.
Although the Seller uses encrypted security software, the security of information and payments transmitted over the Internet or by e-mail cannot be guaranteed. The Vendor shall not be held liable for any damage resulting from the use of electronic means of communication.
5.1. Delivery of the Product(s) is currently available in mainland France.
5.2. Delivery costs are invoiced to the Buyer at the rate in force when the order is placed.
5.3. As soon as payment has been credited to the Service Provider’s account in accordance with the defined terms and conditions and the Seller has validated the availability of the Product(s) and has packaged them, the Product(s) are given to the Carrier within twenty-four (72) hours. The Seller shall use packaging suitable for the delivery of its Product.
The Seller shall ensure that the information communicated to the Carrier is correct and enables the order to be delivered quickly to the Buyer.
5.4. Deliveries are made within a maximum of fifteen (15) working days, except in cases of force majeure.
The times indicated correspond to the time required to process, prepare and dispatch orders, as well as the delivery time of the Transport Service Provider. They start as soon as the order is validated.
5.5. The Products are delivered to the delivery address indicated by the Buyer when the order was placed. If the Buyer is unavailable when the order is delivered, the carrier will make one delivery or the parcel will be dropped off at a delivery point where the Buyer will have 10 days to collect the order. The Buyer is then responsible for receiving and/or collecting his/her parcel.
In the event of an incomplete or erroneous delivery address or failure to collect the parcel, obliging the Carrier to return the Product(s) ordered, any additional costs incurred by this failure or error will be borne in full by the Buyer. The order will only be reshipped once the Buyer has paid the reshipment costs.
5.6. The Products travel at the Vendor’s expense and risk.
The Products are delivered in accordance with the Carrier’s terms and conditions of delivery. Under no circumstances may the Seller be held responsible for any incident occurring during transport. The Seller will reimburse the Buyer according to the circumstances.
5.7. Verification of the condition of the package and the Products is effective once the Carrier’s delivery note has been signed by the Buyer.
Any damage, non-conformity or shortage upon delivery must be notified by the Buyer to the Carrier in the form of a detailed, dated document accompanied by the Buyer’s signature on the delivery note.
If the Buyer refuses the parcel due to an anomaly or non-conformity, the Buyer must notify the Carrier of this on the waybill.
In the case of a purchase made from a Seller, in the event of damage, the Buyer has a period of fourteen (14) days after delivery to make reservations to the Shipper and the Consignee, in accordance with French legislation, and releases the Carrier from any liability beyond this date (in accordance with article 31 of the Montreal Convention).
6.1. In accordance with the legal provisions in force, in the context of a purchase made from a Seller, the Buyer has a period of fourteen (14) days from receipt of the Product(s) ordered to exercise his/her right of withdrawal from the said Seller, without having to justify his/her reasons or pay any penalty.
The Buyer shall exercise his/her right of withdrawal directly with the Seller by sending an e-mail indicating his/her order number and the references of the Product(s) for which he/she is exercising his/her right of withdrawal.
6.2. If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and for which the right of withdrawal is exercised by the Buyer will be reimbursed by the Seller. The cost of returning the Products shall be borne by the Buyer.
In the event of a request for reimbursement by the Buyer, the Seller will contact the service provider to proceed with the reimbursement of the product(s) by crediting the Buyer’s bank account within a maximum period of thirty (30) days following the date on which the right of withdrawal was exercised.
6.3. The order must be returned in perfect condition to the Vendor, in its original packaging or in suitable packaging and in a condition suitable for the re-marketing of the Product(s) (unopened bottles, undamaged corks and labels, etc.), accompanied by the invoice and then sent under the same conditions as it was sent.
The Buyer has fifteen (15) days from the date on which he/she indicates his/her withdrawal to return the parcel. The cost of returning the parcel shall be borne by the Customer. It is the responsibility of the Buyer who returns one or more Products to keep proof of the return of the Products. This proof will be provided either by the presentation of a recorded delivery receipt, or by the presentation of a document issued by a Carrier to whom the routing of the returned Product has been entrusted.
7.1. In general, the Vendor undertakes to provide a quality service to Users.
In this respect, any Buyer has the possibility of notifying the Vendor by sending an e-mail to the address indicated in the Definitions article within seven (7) days of receiving any order, of any complaint concerning the Products ordered, according to the following criteria:
Product not received: the Product has not been received by the Buyer.
Product not in conformity: the Product received does not correspond to the Product ordered.
Damaged Product: the Product received is damaged or broken.
7.2. In the event of a complaint by a Buyer concerning a Product, the Seller shall put in place all the means at its disposal to manage the incidents mentioned above. Disputes are therefore settled between the Buyer and the Seller, who will make their best efforts to resolve disputes amicably.
7.4. The Buyer will be responsible for organising the return of the Products to the Seller. The Seller will bear these costs if it is held liable.
8.1. In order to benefit from the Site and its Services, the Internet User must create an account using the online form provided for this purpose (hereinafter referred to as the “User Account”) and provide accurate and complete personal data and information enabling the User to be identified, as well as information enabling the User to be identified (identifier and password). The opening of a User Account and the use of the Site and its Services are (i) reserved for adults over the age of eighteen (18), (ii) free of charge and (iii) without any obligation to purchase. Registration for the Site and its Services also implies full and unreserved acceptance of these General Terms and Conditions of Sale and any related contractual document. The User remains free at any time to modify the content of the information and data communicated when creating a User Account.
When the buyer creates an account on the seller’s site, a personal account is automatically created for him/her on the Service Provider’s site (château-icla.com) with the same identifier and the same chosen password. This personal account applies the same confidentiality rules as those applied to the Vendor’s site.
8.3. Access to the User Account may be gained by entering the User’s identifier and associated password, the confidentiality of which is the sole responsibility of the User. Users are reminded that all User Account identifiers allocated to them by the seller are strictly individual and may only be used by authorised users. The User must therefore keep his/her login and password secret and out of the reach of third parties. The User is solely responsible for access to the Site and its Services via his/her login and password, unless there is proof of fraudulent use for which he/she is not responsible.
8.4. Use of the Site following registration by the User is valid for an indefinite period.
Users are reminded that secrecy of correspondence is not guaranteed on the Internet and that it is up to each Internet user to take all appropriate measures to protect his/her own data and/or software from contamination by any viruses circulating on the Internet.
In the event of loss, misappropriation or fraudulent use of the User ID and/or password, the User undertakes to notify the seller immediately by e-mail.
When creating his/her User Account, the User agrees to provide the required information and personal data (hereinafter referred to as the “Data”) and attests to the truthfulness of the latter.
The Data communicated by the User as part of an order (surname, first name, date of birth, address, telephone number, etc.) via the Site are intended for the Seller and the Service Provider and are used to process and monitor orders, customer relations and to meet legal and regulatory obligations.
The Seller and the Service Provider will ensure the security of the Purchaser Data that they retain for the purposes of processing and tracking orders.
In accordance with the provisions of Law No. 78-17 of 6 January 1978, the Site has been registered with the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority) under number 1741000v0.
Users have the right to access, modify, delete and rectify their personal data by sending an e-mail or by post.
For any information or questions regarding the tracking of your orders, you can contact the seller:
Château Icla
802 Impasse de Los 33670 Saint-Gènes-de-Lombaud
Tel: 06 76 62 04 96 / 06 76 63 72 38
Mail: contact@chateau-icla.com / i.bernard@chateau-icla.com
The Products offered on the Site through its Services are covered by the French legal guarantees and cannot be held responsible if the content of the Products sold is faulty or unfit for consumption. In accordance with the legal provisions in force relating to the conformity of the goods or hidden defects, defective Products or Products that do not correspond to the order will be reimbursed.
In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited.
All offers on the Site are therefore reserved for adults over the age of eighteen (18) who have legal capacity.
By placing an order and/or creating a User Account, the User or Buyer declares and guarantees that he/she is of legal age and has full legal capacity to enter into a sales contract with the Domain.
Users are also reminded that alcohol abuse is dangerous to health and that alcohol should be consumed in moderation. For information tailored to the health of each Internet user, the seller advises them to consult their doctor.
13.1. The computerised registers, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made under the GTCS.
13.2 Cancellation
A. The Seller reserves the right to terminate the User Account at any time by e-mail, subject to reasonable notice. In the event of non-compliance with the obligations inherent in the User’s responsibility as well as non-compliance with his essential obligations, access to his User Account may be suspended, immediately and without notice, either temporarily or permanently, by means of deactivation of his User Account, without prejudice to the other rights of the domain. These GTC will terminate under the same conditions as for normal termination (see Article 13.2.b).
B. The User may delete his/her User Account simply by sending an e-mail with acknowledgement of receipt. The User and Le Domaine will then have fifteen (15) working days to honour their respective commitments, in particular for the Seller, to honour its orders with the same care as before and for the Buyer to remain liable for any amount due, until the User Account is effectively deleted. The Domain undertakes to delete the User Account and all related information and data.
Unless otherwise stipulated, and within the limits prescribed by French law, the Seller expressly excludes all liability for any damages, including without limitation, any direct, indirect, special, consequential or incidental damages, or damages relating to loss of use, profits, data or any other intangible property, damage to goodwill or reputation, or the cost of purchasing substitute products or services arising out of or in connection with the use, inability to use, performance or malfunction of the Site and the materials posted thereon, regardless of whether such damages could be considered foreseeable under contract, tort, case law or any other applicable body of law.
Consulting and placing orders on the Internet implies knowledge and acceptance of the characteristics and risks associated with the Internet, in terms of technical performance, response times, risks of interruption, viruses and more generally all risks associated with the connection and transmission of data on the Internet.
Internet users must take all appropriate measures to protect their own data and information stored on their computer equipment.
13.4. Nullity of a clause
Any clause of the GTC that is declared null and void in application of a law, regulation or final decision of a competent court will be rendered ineffective, but its nullity will not affect the other stipulations or the validity of the GTC. Wherever possible, where a clause/sub-clause or part of a clause/sub-clause can be severed from the rest of the clause in order to render the remaining part valid, the clause should be interpreted accordingly. Otherwise, the User agrees that the clause in question may be rectified and interpreted in such a way as to approximate the original meaning of the clause, in accordance with the law.
13.5. Disputes and applicable law
The GCS are governed by French law. Any dispute relating thereto which cannot initially be resolved amicably, in particular in accordance with Article 7.3, shall be submitted to the competent French courts.