Terms and conditions of sale

General Terms and Conditions of Sale for the website www.coteauxdesgirondales.com
Effective from 06/12/2024

ARTICLE 1. PARTIES

These General Terms and Conditions of Sale (GTCS) are made between:

  • COTEAUX DES GIRONDALES, a sole proprietorship with a capital of €2,000, registered with the Annecy Trade and Companies Register under number 902 686 120, with its registered office located at 1967 Route des Vignes, 74370 VILLAZ, France.
    • Phone: +33 6 66 99 69 85
    • Email: coteauxdesgirondales@hotmail.com
    • VAT Number: FR53902686120
      Hereinafter referred to as "the Seller",

AND

  • Any natural person of legal age or legal entity, residing or having its registered office in a jurisdiction where the sale of alcoholic beverages is permitted, wishing to make a purchase via the website www.coteauxdesgirondales.com, hereinafter referred to as "the Client".

Together, the Parties agree that the transactions conducted on the Seller’s website are governed by these GTCS, to the exclusion of any other general or specific conditions not expressly accepted by Coteaux des Girondales.

1.1 Acceptance of the General Terms and Conditions

By placing an order on the website www.coteauxdesgirondales.com, the Client acknowledges having read these GTCS and accepts them without reservation. This acceptance is evidenced by the electronic validation of the order via the checkbox provided for this purpose.

1.2 Legal Capacity

The Client declares that they have full legal capacity to enter into an agreement under these GTCS. If the Client represents a legal entity, they guarantee that they are duly authorized to act on behalf of that entity.

1.3 Modification of the GTCS

Coteaux des Girondales reserves the right to modify these GTCS at any time. The GTCS applicable to the Client are those in effect at the date of order confirmation. Any subsequent connection to the site will imply acceptance of any modifications.

ARTICLE 2. DEFINITIONS

For the purposes of these General Terms and Conditions of Sale (GTCS), the following terms, whether used in the singular or plural, will have the following meanings:

2.1 Client

Any natural person of legal age or legal entity, public or private, placing an order for Products offered for sale on the website www.coteauxdesgirondales.com. The Client guarantees that they are acting either personally or on behalf of an entity they validly represent.

2.2 Products

Goods offered for sale on the site by Coteaux des Girondales, mainly including:

  • Wines from the Coteaux des Girondales vineyards,
  • Accessories or products related to wine consumption or service,
  • Any other item presented as available for sale on the Site.

The Products are described and presented as accurately as possible on the website. Photographs and descriptions are for illustrative purposes and may vary slightly without constituting a material alteration.

2.3 Site

The website accessible at www.coteauxdesgirondales.com, including its subdomains, portals, and URL variations, published by Coteaux des Girondales, allowing for the consultation of Products and their online purchase.

2.4 Order

The operation by which the Client selects one or more Products offered for sale on the Site, adds them to their cart, provides the necessary billing and delivery information, and then confirms the purchase by secure payment.

2.5 Contract

The distance sales contract concluded between the Seller and the Client following the Client’s order validation and confirmation by the Seller, in accordance with these GTCS.

2.6 Parties

The Seller, as defined in Article 1 of these GTCS, and the Client, as defined above, entering into a contract for an online sale via the Site.

2.7 Internet User

Any individual or entity, public or private, accessing the Site for consultation or browsing, whether or not they place an order.

2.8 Site Content

All elements published on the Site, whether or not protected by intellectual property rights, including texts, images, designs, logos, videos, diagrams, databases, or software.

2.9 Delivery

The physical transfer of the Products ordered by the Client to the address provided by the Client during the Order. Delivery terms, deadlines, and fees are defined in specific articles of these GTCS.

2.10 Services

The services provided by Coteaux des Girondales via the Site, including online sales, order management, after-sales service, and any interaction with the Client related to the Products.

2.11 Personal Data

All information that allows for the identification of a natural person, either directly or indirectly, as defined by the General Data Protection Regulation (GDPR) and collected by Coteaux des Girondales in the context of managing Orders or using the Site. This includes, but is not limited to: name, surname, address, phone number, email, payment information, and connection data.

ARTICLE 3. SCOPE OF APPLICATION

3.1 Purpose of the General Terms and Conditions of Sale (GTCS)

These GTCS exclusively govern the contractual relationship between Coteaux des Girondales and the Client in connection with the purchase of Products via the website www.coteauxdesgirondales.com. They define the rights and obligations of the Parties in the context of online sales. They apply to all Orders placed by the Client on the Site and all deliveries made by Coteaux des Girondales, regardless of the specifics of the Products.

3.2 Acceptance of the GTCS

By validating an Order on the Site, the Client fully and unconditionally accepts these GTCS. This acceptance is evidenced by checking the box preceding the finalization of the Order. This acceptance also entails a waiver of the application of any other general or specific conditions of the Client.

3.3 Enforceability of the GTCS

The GTCS are enforceable against the Client upon acceptance at the time of Order validation. The Client acknowledges that the applicable GTCS are those in effect at the time the Order is placed. Coteaux des Girondales reserves the right to modify these GTCS at any time. These modifications will only apply to Orders placed after their effective date. Any subsequent connection to the Site by the Client will imply acceptance of any modified GTCS.

3.4 Legal Capacity of the Client

The Client declares that they have the legal capacity to contract under these GTCS, in accordance with Articles 1145 and following of the Civil Code. The Client undertakes to provide accurate and truthful information during the Order. Any identity theft or provision of false information will solely be the responsibility of the Client.

3.5 Exclusions

These GTCS do not apply to purchases made directly from the Coteaux des Girondales estate, in-store or during external events such as trade shows or fairs. They only apply to sales made via the website.

ARTICLE 4. PURPOSE OF THE SITE

4.1 Product Presentation

The website www.coteauxdesgirondales.com is designed to present and market the Products from the Coteaux des Girondales vineyard. The Products for sale mainly include:

  • Wines produced by the vineyard, including specific cuvées,
  • Wine-related accessories (e.g., glasses, corkscrews, gift boxes),
  • Derivative products or items associated with the vineyard.

Each Product is accompanied by a detailed description specifying its main characteristics, including grape variety, vintage, volume, and any other relevant information.

4.2 Product Availability

Products are offered subject to availability. In the event of unavailability after the Order has been placed, Coteaux des Girondales will inform the Client as soon as possible and offer, at the Client’s choice:

  • Replacement with an equivalent Product (if available),
  • A refund for the unavailable Product.

4.3 Access and Navigation

The Site is accessible to any Internet User with internet access. Use of the Site implies acceptance of these GTCS as well as any additional general terms of use (GTU). Coteaux des Girondales takes all necessary steps to ensure the Site’s accessibility, but shall not be held responsible in the event of a technical malfunction preventing temporary or prolonged access to the Site.

4.4 Legal Restrictions

Access to the Site and the purchase of Products containing alcohol is prohibited for minors. The Client declares that they are of legal age according to the laws of their country of residence. The Site is intended for sales in France and in territories where the sale of alcoholic beverages online is permitted. It is the Client’s responsibility to verify that the Products comply with the applicable laws in their country before ordering.

4.5 Responsible Consumption

Coteaux des Girondales encourages responsible consumption of its Products and reminds that excessive alcohol consumption is harmful to health.

ARTICLE 5. ORDER PROCESS

5.1 Product Selection

The Customer can browse the website and select the products of their choice by clicking on the "Add to Cart" button available on each product page. At any time, the Customer can view their cart, modify quantities, or remove a product before finalizing the order.

5.2 Creating or Logging into an Account

To finalize the order, the Customer must:

  • Log into their personal account if they already have one, or
  • Create an account by filling out the registration form with their personal information (name, address, email, phone number).

The Customer agrees to provide accurate and up-to-date information. Any omissions or errors in the provided information are the responsibility of the Customer.

5.3 Cart Validation

Before finalizing their order, the Customer is asked to check the summary of the products added to the cart, which includes:

  • Product descriptions,
  • Unit price and total amount including taxes,
  • Any shipping fees.

The Customer can still modify or correct the details before proceeding to payment.

5.4 Order Payment

Once the summary is validated, the Customer proceeds with payment via the secure interface provided on the website. Payment is made according to the terms outlined in ARTICLE 6 of these General Terms and Conditions of Sale (GTC).

5.5 Confirmation of the Order by the Seller

After receiving the payment, Coteaux des Girondales sends the Customer a confirmation email including the following information:

  • Order summary,
  • Customer contact details and delivery address,
  • Order number to keep for follow-up.

This confirmation marks the acceptance of the order by the Seller and constitutes the start of the sales contract between the Parties.

5.6 Order Tracking

The Customer can track the status of their order by logging into their personal account on the website. Any changes or information regarding the delivery will be notified via email.

5.7 Order Cancellation or Modification

Once confirmed, the order can only be canceled or modified with the express consent of Coteaux des Girondales. In case of accepted cancellation, any potential refund will be made in accordance with the legal provisions and these GTC.

5.8 Order Archiving

Order-related information is archived by Coteaux des Girondales in accordance with article L. 213-1 of the French Consumer Code. The Customer can access it upon request or from their personal account on the website.

ARTICLE 6. PRICES AND PAYMENT METHODS

6.1 Product Prices

The prices of products displayed on the website www.coteauxdesgirondales.com are in euros (€), including all taxes (VAT), excluding shipping fees. Shipping costs, when applicable, are displayed to the Customer before the order is finalized. Coteaux des Girondales reserves the right to change prices at any time. However, products will be billed at the rate applicable at the time the order is confirmed by the Customer. For orders to countries outside the European Union, the Customer is responsible for any customs duties, local taxes, or additional fees related to importation.

6.2 Invoicing

A detailed invoice will be sent to the Customer by email after order confirmation. This invoice includes the details of the ordered products, their unit price, total amount including taxes, and, where applicable, shipping fees.

6.3 Payment Methods

The Customer can pay for their orders via one of the following methods offered on the website:

  • Credit card: Accepted cards include Visa, MasterCard, and others. Payment is processed through a secure platform ensuring confidentiality and protection of transmitted data.
  • Bank transfer: The Customer may choose to pay via bank transfer. The necessary bank details for Coteaux des Girondales will be provided during order confirmation. Processing will begin only after the full payment is received in the Seller’s bank account.
  • Check: Checks are accepted for orders placed in mainland France. The check must be made payable to Coteaux des Girondales and sent to the following address: 1967 Route des Vignes, 74370 VILLAZ, France. The order will only be processed after the check is cleared. For bank transfer and check payments, the Customer has 7 business days to complete the payment. After this period, the order will be automatically canceled.

6.4 Payment Security

Payments made on the website are secured through an encryption protocol ensuring the confidentiality of the transmitted data. Coteaux des Girondales does not have access to the Customer’s bank details, as they are processed directly by the secure payment platform.

6.5 Payment Failure

In the event of non-payment, or if the payment is rejected by the Customer’s bank, the order will be automatically canceled. Coteaux des Girondales reserves the right to refuse any future orders from a Customer in case of a previous payment issue.

6.6 Late Payment (for Business Customers)

In accordance with articles L. 441-10 et seq. of the French Commercial Code, any late payment will result in:

  • The application of penalties calculated at the legal rate in force, without the need for prior notice,
  • A fixed compensation of €40 for collection costs.

6.7 Retention of Title

The products remain the property of Coteaux des Girondales until full payment is made by the Customer. However, the risk of loss or damage is transferred to the Customer upon receipt of the products.

ARTICLE 7. RIGHT OF WITHDRAWAL AND WARRANTIES

7.1 Right of Withdrawal

In accordance with articles L. 221-18 et seq. of the French Consumer Code, the Customer has a period of fourteen (14) days from the receipt of the products to exercise their right of withdrawal, without having to justify reasons or pay penalties, except for return shipping costs. To exercise this right, the Customer must notify their decision to withdraw to Coteaux des Girondales through an unambiguous statement (e.g., by postal mail or email). The Customer may use the standard withdrawal form below, though it is not mandatory.

7.2 Return Procedures

The Customer must return the products within fourteen (14) days following their notification of withdrawal to the following address: Coteaux des Girondales, 1967 Route des Vignes, 74370 VILLAZ, France. Products must be returned in their original condition, unopened, and in their original packaging. Return shipping costs are borne by the Customer, unless the return is due to an error attributable to the Seller.

7.3 Refund

In case of valid withdrawal, Coteaux des Girondales will refund the amounts paid by the Customer, including standard shipping fees, within fourteen (14) days of receiving the returned products or proof of their shipment. The refund will be made using the same payment method as the original transaction, unless the Customer agrees to a different method.

7.4 Legal Warranties

The products sold on the website are covered by:

  • The legal guarantee of conformity (articles L. 217-4 et seq. of the French Consumer Code), allowing the Customer to request repair, replacement, or refund if the product is defective.
  • The legal warranty against hidden defects (articles 1641 et seq. of the French Civil Code), allowing the Customer to request contract termination or price reduction if a hidden defect renders the product unfit for use.

7.5 Warranty Implementation Procedure

To benefit from the legal warranties, the Customer must contact Coteaux des Girondales’ customer service at: coteauxdesgirondales@hotmail.com. Proof of purchase and a detailed description of the issue will be required. Returns of defective or non-conforming products will be at Coteaux des Girondales' expense after validation by customer service.

7.6 Limitation of Liability

Coteaux des Girondales’ liability is limited to the amount paid by the Customer for the defective or non-conforming product. No additional warranty can be claimed, particularly in case of improper storage by the Customer after delivery.

ARTICLE 8. PERSONAL ACCOUNT

8.1 Creation of the Personal Account

To place an order on the website, the Customer must create a personal account by providing the following information:

  • First name, last name,
  • Full postal address,
  • Valid email address,
  • Phone number,
  • Secure password.

The Customer agrees to provide accurate and up-to-date information. Any omission or false statement may lead to the suspension or deletion of the personal account by Coteaux des Girondales.

8.2 Access to the Personal Account

Once registered, the Customer can access their personal account using their credentials (email address and password). This account allows them to:

  • Track their order status,
  • View their purchase history,
  • Update personal information,
  • Manage communication preferences (newsletter, notifications).

The Customer is solely responsible for the confidentiality of their credentials and agrees not to share them with third parties. In case of loss or suspected fraudulent use, the Customer must immediately notify Coteaux des Girondales.

8.3 Personal Account Content

Information in the personal account, including order history, is provided for informational purposes and does not constitute admissible evidence in court. An official invoice is sent by email for each order. Coteaux des Girondales commits to storing, in secure conditions, the contract data required by law for a defined period (in accordance with articles L. 213-1 and D. 213-2 of the French Consumer Code).

8.4 Deletion of the Personal Account

The Customer can request the deletion of their personal account at any time by contacting customer service at: coteauxdesgirondales@hotmail.com. Coteaux des Girondales reserves the right to delete a personal account in the following cases:

  • Non-compliance with these GTC by the Customer,
  • Account inactivity for more than two (2) years,
  • Provision of incorrect or fraudulent information.

The deletion of the personal account does not erase contract data necessary to meet legal obligations (e.g., invoice retention).

8.5 Data Security

Coteaux des Girondales implements all technical and organizational measures to ensure the security of the Customer's personal data in accordance with GDPR. In case of a security breach, the Customer will be informed as soon as possible, in accordance with applicable regulations.

ARTICLE 9. DELIVERY

9.1 Delivery Areas

Coteaux des Girondales offers delivery of its products in the following countries:

  • France (including Corsica and Monaco),
  • Italy, Switzerland, Belgium, Luxembourg, Germany, Spain, Portugal,
  • England, Ireland,
  • Canada,
  • Austria.

The Customer is responsible for checking specific customs or legal restrictions in their country before ordering alcoholic beverages. For delivery requests outside of these zones, the Customer must contact customer service at: coteauxdesgirondales@hotmail.com to check feasibility and associated costs.

9.2 Shipping Fees

Shipping fees are calculated based on the weight, volume of the products, and the delivery address. They are provided to the Customer before finalizing the order. Coteaux des Girondales may offer special offers, such as free shipping for orders over a certain amount, for certain countries, or as part of promotional activities.

9.3 Delivery Times

Delivery times are indicative and vary based on the destination country and shipping method chosen:

  • Metropolitan France, Corsica, Monaco: 5 to 7 business days.
  • Italy, Switzerland, Belgium, Luxembourg, Germany, Spain, Portugal, Austria: 7 to 10 business days.
  • England, Ireland, Canada: 10 to 15 business days.

Delays may be extended due to force majeure, high demand periods (e.g., end-of-year holidays), or specific customs procedures.

9.4 Delivery Methods

Delivery is made to the address provided by the Customer during the order confirmation. Depending on the country and carrier, delivery may be:

  • In person, with or without a signature,
  • At a pick-up point (if available),
  • With identity verification for products containing alcohol (proof of age required).

If the Customer is absent, a notice will be left to reschedule delivery or pick up the parcel at a local pick-up point or depot.

9.5 Receipt of Products

The Customer is required to check the condition of the products upon receipt. If the package is damaged or if products are missing or incorrect, the Customer must:

  • Write specific reservations on the delivery note or carrier’s scanner,
  • Notify Coteaux des Girondales customer service within three (3) business days following receipt, providing:
  • A detailed description of the issue,
  • Photographic proof of the damaged package and products.

ARTICLE 10. PERSONAL DATA

10.1 Collection of Personal Data

As part of its business operations, Coteaux des Girondales collects personal data related to the Customer, particularly when creating an account, placing an order, or browsing the website. The collected data includes, but is not limited to:

  • First and last name,
  • Delivery and billing address,
  • Email address,
  • Phone number,
  • Payment information (processed via a secure platform),
  • Order history.

10.2 Purpose of Data Processing

Personal data is collected and processed for the following purposes:

  • Management of orders and deliveries,
  • Communication with the Customer (order confirmation, tracking, after-sales service),
  • Improvement of the user experience on the website,
  • Sending commercial or promotional offers (with prior consent from the Customer),
  • Compliance with legal and regulatory obligations.

10.3 Legal Basis for Processing

Processing carried out by Coteaux des Girondales is based on the following legal grounds:

  • The performance of the contract between the Seller and the Customer,
  • Compliance with legal obligations (e.g., invoice retention),
  • Explicit consent from the Customer for marketing communications.

10.4 Data Retention

Personal data is retained:

  • For the time necessary to fulfill orders and legal obligations (billing, warranty, etc.),
  • For a maximum period of three (3) years from the last contact with the Customer for commercial purposes, unless the Customer objects. Once these periods expire, the data is either deleted or anonymized.

10.5 Customer Rights

In accordance with the General Data Protection Regulation (GDPR) and French legislation, the Customer has the following rights:

  • Right of access: to obtain confirmation that their data is being processed and access to it,
  • Right of rectification: to request correction of inaccurate or incomplete data,
  • Right of objection: to refuse the processing of their data for specific purposes (e.g., marketing),
  • Right of deletion: to request deletion of their data, subject to legal obligations,
  • Right to portability: to receive their data in a structured, machine-readable format,
  • Right of restriction: to temporarily restrict the processing of their data.

To exercise these rights, the Customer can contact Coteaux des Girondales via email at coteauxdesgirondales@hotmail.com or by mail at: 1967 Route des Vignes, 74370 VILLAZ, France.

10.6 Data Sharing

The Customer's personal data is not shared with third parties except in the following cases:

  • Payment processing (via a secure platform),
  • Order delivery (sharing of contact details with the carrier),
  • Compliance with a legal obligation or judicial request.

Any transfer outside the European Union is governed by appropriate safeguards in accordance with the GDPR.

10.7 Data Security

Coteaux des Girondales implements technical and organizational measures to ensure the security of personal data (encryption, access control, etc.). In the event of a security breach affecting personal data, Coteaux des Girondales commits to informing the affected Customers as soon as possible, in compliance with the regulations.

10.8 Complaints

In case of a dispute concerning the use of personal data, the Customer can file a complaint with the CNIL (National Commission for Information Technology and Liberties) via their website at www.cnil.fr.

ARTICLE 11. ONLINE WINE SALES: SPECIFIC REGULATIONS

11.1 Legal Capacity

In accordance with applicable laws, the sale of alcoholic beverages is prohibited to minors. By placing an order on the website www.coteauxdesgirondales.com, the Customer declares and guarantees they are at least 18 years old at the time of the order. The Seller reserves the right to request proof of age upon delivery. If the Customer or the recipient cannot provide such proof or is a minor, the delivery will be refused, and any incurred costs will remain the Customer's responsibility.

11.2 Prevention of Alcohol Abuse

Coteaux des Girondales reminds that alcohol abuse is dangerous for health and encourages responsible consumption of its products. In accordance with Article L. 3323-4 of the Public Health Code, any advertising or promotion carried out by the Seller complies with the principles of moderation required by law.

11.3 Legal and Customs Restrictions

Online sale of alcoholic beverages may be subject to legal and customs restrictions depending on the country. The Customer is solely responsible for verifying the applicable regulations in their country of residence regarding the purchase, importation, and consumption of alcohol. Coteaux des Girondales cannot be held responsible for non-compliance with local legal or customs provisions by the Customer.

11.4 Delivery and Age Verification

Products containing alcohol are only delivered to the address provided by the Customer during the order. Upon delivery, the carrier may request an ID to verify the recipient is of legal age. In case of doubt or lack of proof, the delivery will be refused, and the package will be returned to the Seller. The return and re-shipping costs will be borne exclusively by the Customer.

11.5 Storage Responsibility

Once delivered, the products become the sole responsibility of the Customer. Coteaux des Girondales disclaims any responsibility for damage to products resulting from improper storage (e.g., exposure to heat, humidity, or direct sunlight).

11.6 Alcoholic Beverage Guarantees

The wines and other alcoholic beverages offered by Coteaux des Girondales are subject to legal guarantees of conformity and against hidden defects, as defined in ARTICLE 7 of these Terms and Conditions. Due to the nature of the products, organoleptic variations due to aging or storage conditions cannot be considered as defects or hidden flaws.

11.7 Dispute Resolution for Alcohol Sales

Any dispute related to the online sale of alcoholic beverages is governed by French law. In case of disagreement, the parties agree to seek an amicable solution before considering legal action or resorting to mediation.

11.8 Compliance with Local Regulations

The Customer is responsible for verifying the applicable local regulations in the destination country before placing an order, particularly for alcoholic beverages. Prohibited or regulated products:

  • Some countries impose restrictions on the importation of alcoholic beverages (maximum quantity, complete prohibition, specific licenses).

Coteaux des Girondales cannot be held responsible for confiscation or refusal of entry of the products by local authorities. Customer's Responsibility: By placing an order, the Customer acknowledges being fully informed of customs requirements and guarantees their compliance. Any fines, taxes, or fees resulting from non-compliance with local laws are the sole responsibility of the Customer.

ARTICLE 12. LIMITATION OF LIABILITY

12.1 General Liability

Coteaux des Girondales cannot be held liable for indirect, immaterial, or consequential damages that may result from the use of the website or the purchase of products, including loss of profits, income, data, or opportunities.

12.2 Force Majeure

Coteaux des Girondales' liability cannot be engaged in case of force majeure, as defined by Article 1218 of the Civil Code, including but not limited to:

  • Weather events, natural disasters, fires, floods,
  • Strikes, social conflicts, civil unrest, terrorist acts,
  • Technical failures affecting telecommunication or transport networks.

12.3 Customer Liability

The Customer is solely responsible for:

  • The preservation of the products: Any deterioration due to improper storage (e.g., exposure to light, humidity, excessive heat) after delivery is their responsibility,
  • Providing accurate information: In case of error or omission in the details provided, Coteaux des Girondales cannot be held responsible for delays or delivery failures,
  • Compliance with local laws: The Customer must ensure that the purchase and importation of products comply with the laws and regulations of their country.

12.4 Specific Exclusions

Coteaux des Girondales cannot be held liable for natural variations in the organoleptic characteristics of wines (taste, aromas, textures) due to aging or storage conditions.

12.5 Use of Products

The Customer must use the products responsibly and in accordance with health warnings. Coteaux des Girondales disclaims any responsibility for alcohol abuse or consequences related to excessive consumption.

ARTICLE 13. MEDIATION AND DISPUTE RESOLUTION

In accordance with Articles L. 611-1 and following of the Consumer Code, the consumer Customer has the right to resort to a consumer mediator to resolve amicably any dispute with Coteaux des Girondales. In case of unresolved dispute directly with customer service, the Customer can contact the following mediator:

CNPM CONSUMER MEDIATION

Address: 27 Avenue de la Libération, 42400 Saint-Chamond, France

Phone: 09 88 30 27 72

Website: www.cnpm-mediation-consommation.eu

The Customer can also use the European Online Dispute Resolution platform at the following address: https://ec.europa.eu/consumers/odr/.

Any dispute not resolved through mediation will be submitted to the exclusive jurisdiction of French courts, unless mandatory provisions dictate otherwise.