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General conditions of sale

General Terms and Conditions of Sale

Legal information
The company GASSIER SAS, is a simplified joint stock company, registered in the Trade and Companies Register of Aix-en-Provence under number 452 421 514, whose head office is located at Château Gassier, chemin de la colle, 13114 PUYLOUBIER
hereinafter referred to as “GASSIER”
VAT No.: …FR 08 452 421 514
Tel: 04 42 66 38 74
Email: boutique@chateau-gassier.fr

Article 1. Purpose
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) define the rights and obligations of the parties in the context of the sale of products by GASSIER via its website www.gassier-provence.fr (hereinafter referred to as the “Site”) to any adult natural person who has the status of consumer, excluding therefore any purchase for resale (hereinafter referred to as the “Customer”).

Any sale of wines made by GASSIER is consequently governed by these General Terms and Conditions. Therefore, the fact for the Customer to place an order on the Site implies an 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 only have 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 enter into this contract on the date of the order, it being recalled that in accordance with Article L. 3342-1 of the Public Health Code and Ordinance No. 59-107 of January 7, 1959 and Law No. 74-631 of July 5, 1974, the sale and offer of alcoholic beverages to minors and similar persons are prohibited. The Customer also undertakes that his order is not intended for consumption by minors.

Article 2. Modification

GASSIER reserves the right to modify these T&Cs at any time. All orders placed are subject to the T&Cs appearing online on the day of the order.

Article 3. Products offered for sale

The products offered for sale are those appearing on the Site. Each product is accompanied by a description and one or more photographs, which are not contractual.

We only sell 75 cl bottles, 150 cl bottles of a single quality and a single color.

GASSIER undertakes to supply the product ordered by the Customer within the limit of available stocks.

Considering the rare nature of certain products also subject to climatic hazards, GASSIER reserves the right to apply restrictions on the quantities available.

The products displayed as available when ordering may sometimes no longer be available when GASSIER processes the order, despite the regular updating of the product database. GASSIER will not be responsible in the event of unavailability of products or stock shortages.

If the products can be restocked, GASSIER will inform the Customer by all means and the products will be shipped as soon as they enter stock. In this case, the delivery times provided for in Article 7.3 will apply from the time of restocking.

If the products cannot be restocked, GASSIER will inform the Customer by any means, and will offer an equivalent product. The Customer may then either accept the proposal or refuse it and request a refund of the entire order. Where applicable, a full refund or payment of the difference between the unavailable product and the replacement product will be made, by the same means of payment initially used.

Article 4. Prices

Prices are expressed in Euros, all taxes included, excluding delivery, transport and customs taxes. These costs will be mentioned, where applicable, before validation of the order and invoiced in addition.

GASSIER 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.

Delivery in mainland France only.

Article 5. Order

5.1 Order process.

Orders must be placed by the Customer on the Site, in accordance with the order process described below:

Email
• First name
• Last name
• Company (not required)
• Address
• Address suite (not required)
• Postal code
• City
• Mobile phone

Choice of products and addition to the basket => validation of the basket => identification of the billing address and delivery address mandatory information of a First and Last Name, a delivery address, an email and a mobile phone number. => certification of majority => acknowledgement of the T&Cs and check the box “I have read and accept the T&Cs” => payment validation after verification of the order)

An order confirmation email will be sent to the Customer at the email address provided by the latter.

During the ordering process, the Customer will be able to view, at any time, the details and total amount of his order, and correct any errors, before confirming it in order to express his acceptance. Only the Customer is responsible for errors made during the ordering process.

5.2 Terms of the order

By placing an order, the Customer expressly accepts the prices, product descriptions and the T&Cs.

Orders are validated as soon as possible by email. No subsequent modification is possible without the express agreement of GASSIER.

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 definitively concluded only after tasting and approval by the buyer.

GASSIER reserves the right to refuse or cancel an order:

  • if the quantities of products ordered are abnormally high for buyers with the status of 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 the products are shipped by GASSIER, 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 GASSIER directly.

The Customer guarantees GASSIER that it 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 the secure E-TRANSACTION platform of CREDIT AGRICOLE integrated into the château-gassier.fr 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 GASSIER due to an incomplete or incorrect address, GASSIER will contact the Customer to inform them and request additional information or a new delivery address. The starting point of the new delivery period will begin to run upon receipt of the information concerning the new address and the costs of this reshipment will be borne by the Customer. Under no circumstances can GASSIER be held responsible for the impossibility of delivering the products to the desired place and time.

7.2 Transport and receipt of products

The products are insured by GASSIER during their transport in mainland France and travel at its own risk.

It is the Customer’s responsibility 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 contents of the order concerned and to make all necessary observations in the event of breakage, damage or shortages by clearly expressing their reservations on the delivery receipt. Signing the delivery receipt without reservation will imply acceptance by the Customer.

Before signing the delivery receipt, in the event of an anomaly being noted, the Customer must refuse delivery. The carrier will inform GASSIER, who undertakes to reship an identical product to the Customer as soon as possible. Subject to GASSIER’s finding that the Customer’s refusal of delivery is well-founded, GASSIER will bear the cost of reshipping. The Customer may not demand reimbursement of the product and delivery costs.

After signing the delivery receipt, in the event of an anomaly being noted by the Customer, he/she will be required to inform GASSIER and the carrier by registered letter with acknowledgement of receipt within 24 hours of delivery.

From the time of delivery, GASSIER shall not be liable for the risks of loss, deterioration of the products or damage that the Customer may 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 event, the order will be delivered within a maximum of 30 days provided thattion 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 GASSIER, the Customer may order GASSIER to make the delivery within a reasonable additional period, by registered letter with acknowledgement of receipt sent to the following address: Château Gassier, chemin de la colle, 13114 PUYLOUBIER.

Only if GASSIER has not complied within this period may the Customer terminate the contract, under the same terms.

In the event of non-compliance with the delivery deadline by GASSIER, the latter shall not be liable under any circumstances for indirect damages that the Customer may claim. These indirect damages include, in particular, any loss of income, profits, interests or markets, and any loss related to the inability to use all or part of the shipment.

7.4 Force majeure and unforeseeable circumstances

It is recalled that force majeure or unforeseeable circumstances release GASSIER – temporarily or permanently – from any delivery commitment and this without compensation to the Customer. Consequently, GASSIER cannot be held responsible for delays, losses, damages, deterioration in quality, errors or failure to deliver.

Such a situation includes all events or causes beyond the control of GASSIER, hindering or stopping the supplies or deliveries of GASSIER or those of its suppliers, service providers or subcontractors, and preventing GASSIER in good faith from delivering the products subject to the order.

Article 8. Liability

GASSIER guarantees to provide products that comply with the regulations in force and with the characteristics announced on the Site.

GASSIER shall not be held liable in the event of incomplete or erroneous data entry by the Customer, in the event of a stock shortage or unavailability of products, in the event of indirect damages linked to non-compliance with the delivery deadline, or for all situations provided for in Article 7.4 and, in general, all events beyond the control of GASSIER that prevent the proper execution of the order.

Article 9. Retention of title clause

It is expressly agreed between the parties that the goods remain the property of the seller until full and perfect payment in accordance with Law No. 80.335 of May 12, 1980. The transfer of ownership to the purchaser will take place on the day of full payment of the price. Notwithstanding the foregoing, the Customer shall have full responsibility for the goods with regard to any risk upon receipt of the goods.

Article 10. Right of withdrawal

10.1 Exercising 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 incur any penalties.

To exercise this right of withdrawal, the Customer must notify his intention to withdraw, before the withdrawal period expires, by means of an unambiguous declaration via:

  • a letter containing his name, address and possibly his telephone number and email address sent to the address (the postmark being proof): Château Gassier, chemin de la colle, 13114 PUYLOUBIER.
  • an e-mail containing his name, address and possibly his telephone number and email address sent to the address (the date of sending being proof): boutique@chateau-gassier.fr
  • to the non-mandatory withdrawal form attached to these General Terms and Conditions.

10.2 Product return procedures

The Customer undertakes, within fourteen (14) days of sending his decision to withdraw, to to retract, to reship the products, in their original condition and packaging, in perfect condition for resale, to the following address: Château Gassier, chemin de la colle, 13114 PUYLOUBIER..

The transport of returned products is the responsibility of the Customer, who must choose a suitable reshipping method.

The reshipping costs will be borne by the Customer. GASSIER will reimburse the Customer for the full 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 GASSIER was informed of the Customer’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 for GASSIER to use another means of payment and to the extent that the reimbursement does not incur any costs for the Customer.

In accordance with article L.221-24of the Consumer Code, GASSIER may defer reimbursement until receipt of the product(s) or until the Customer has provided proof of their shipment, the date retained being that of the first of these facts. Proof of shipment of the product is understood to mean any means of proving without possible dispute that the product concerned was sent to GASSIER.

It is recalled that the Customer’s liability, in the event of withdrawal after use of the product(s), is incurred with regard to the depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this or these product(s). According to the European Commission, this handling is that which a consumer may carry out in a store, for the goods offered for sale there.

Article 11. Guarantees

GASSIER 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 thing 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 GASSIER (by mail, email or telephone) who will ensure its support by indicating the terms of return, replacement or refund.

The Customer has two non-cumulative choices:

When acting under the legal guarantee of conformity, the Customer:

  • benefits from a period of two years from the delivery of the good to act;
  • may choose between replacing the product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
  • if replacing 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 given the nature of the good and the use he is seeking, the Customer may obtain a refund against return of the item or a reduction in the price in the event that he wishes to keep it. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
  • is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

On the other hand, the Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code.

In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Proof of the absence of defect may be provided in particular after tasting by GASSIER oenologists.

The legal texts concerning the existence, the conditions of implementation and the content of the legal guarantee of conformity are reproduced below:

Article L.217-4 of the Consumer Code:
“The seller delivers a good that conforms to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility”.

Article L.217-5 of the Consumer Code:
“The good conforms to the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:

  • if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
  • if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted”.

Article L.217-12 of the French Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the good”.

The legal texts concerning the existence, the conditions of implementation and the content of the guarantee against hidden defects of the thing sold are reproduced below:

Article 1641 of the French Civil Code:
“The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price for it, if he had known them”.

Article 1648 paragraph 1 of the French Civil Code:
“The action resulting from latent defects must be brought by the purchaser within a period oftwo years from the discovery of the defect”.

Article 2232 of the Civil Code:
“The postponement of the starting point, the suspension or the interruption of the limitation period cannot have the effect of extending the period of the extinctive limitation beyond twenty years from the day on which the right arises”.

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 dissemination to third parties responsible for the execution and payment of orders.

In accordance with the “Data Protection” Act of 6 January 1978 as amended, the Customer has the right to access, rectify and delete information concerning him/her from GASSIER at any time.

The Customer may exercise this right by contacting GASSIER by mail (: Château Gassier, chemin de la colle, 13114 PUYLOUBIER) or by email (boutique@chateau-gassier.fr).
Proof of identity may be requested from the Customer for any request.
If the Customer does not wish their contact details to be reused for commercial purposes and/or transmitted to third parties, they are invited to inform GASSIER by mail or email to the addresses indicated above.

Article 13. Cookies

The Site uses cookies. These are small text files saved on the Customer’s hard drive, most of which are intended to allow or facilitate their navigation and are necessary for the proper functioning of some of the Site’s services.

The Customer may express their consent or object to the use of cookies by configuring their connection device appropriately. The “Help” section of most browsers indicates how to proceed with the configuration.

Article 14. Intellectual Property

All elements (database, graphics, texts, photographs, etc.) of the Site are protected by intellectual property rights belonging to GASSIER.

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 GASSIER.

Article 15. Alcohol abuse
Alcohol abuse is dangerous for your health. Know how to consume and enjoy in moderation.

Article 16. Applicable law

These General Terms and Conditions are subject to French law.

Article 17. 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 first contacting our Customer Service by sending a letter to the following address: Château Gassier, chemin de la colle, 13114 PUYLOUBIER or an e-mail to the following address (boutique@chateau-gassier.fr).

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 between him and GASSIER 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 and, 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 refer the matter to 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 item.

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.

Withdrawal form

To the attention of GASSIER: [Château Gassier, chemin de la colle, 13114 PUYLOUBIER or boutique@chateau-gassier.fr]

I hereby notify you of my withdrawal from the contract for the sale of the item below:

  • Ordered on () / received on ():
  • Order number:
  • Name of the Customer(s):
  • Address of the Customer(s):

Signature of the Customer (only if this form is notified on paper):

Date:

(*) Delete as appropriate.

INFORMATION ON THE EXERCISE OF THE RIGHT OF WITHDRAWAL:
You have the right to withdraw from this contract without giving any reason within fourteen days following the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, youyou must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post or e-mail). You may use the model withdrawal form, but it is not obligatory.
In order to meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we will reimburse to you all payments received from you, including delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you expressly agree otherwise; in any event, this reimbursement will not incur any fees for you.
Insert your name, your geographical address and, where available, your telephone number and your email address.
You can also fill in and submit the model withdrawal form or any other unambiguous declaration on our website. If you use this option, we will immediately send you an acknowledgement of receipt of the withdrawal by email.
We may withhold reimbursement until we have received the goods back or until you have provided proof of shipment of the goods, whichever is the earliest.
You must return or hand over the goods to the company’s registered office, without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. This deadline is deemed to have been met if you return the goods before the expiry of the fourteen-day period.
You will have to bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods.