General termes and conditions of sale

ARTICLE 1 - Scope of Application

These General Terms and Conditions of Sale (hereinafter referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to purchase the products offered for sale ("The Products") by the Seller on the website https://directchateau.com. The Products offered for sale on the website are as follows: Red, white, and rosé wines, spirits, and Champagne.

The main characteristics of the Products, including specifications, illustrations, and dimensions or capacity of the Products, are presented on the website https://directchateau.com, which the client must read before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limit of available stocks, as specified at the time of placing the order.

These GTCS are accessible at any time on the website https://directchateau.com and will prevail over any other document.

The Client declares to have read these GTCS and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website https://directchateau.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

LE CELLIER DE SAINT EMILION, single-member SARL

Share capital of €10,000.00

Registered in the RCS of Libourne B 538 351 172, under number 538351172

4 PLACE DE L'EGLISE MONOLITHE 33330 SAINT-EMILION

Email: contact@directchateau.com

Phone: 90.50.144.102

The Products presented on the website https://directchateau.com are offered for sale worldwide.

In case of an order to a country other than mainland France, the Client is considered the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated without taxes on the invoice.

Customs duties or other local taxes, import duties, or state taxes may be due. They will be borne by and are the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the current rates shown on the website https://directchateau.com, at the time of order registration by the Seller.

Prices are expressed in Euros, excluding and including tax.

The rates take into account any discounts that may be granted by the Seller on the website https://directchateau.com.

These rates are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to modify the prices at any time.

Prices do not include processing, shipping, transportation, and delivery costs, which are billed in addition, under the conditions indicated on the website and calculated before placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – Orders

The Client must select on the website https://directchateau.com the Products they wish to order, according to the following methods:

The client selects a product and adds it to the cart. They can add from 1 product to an unlimited number. It is possible to add boxes of 6 or 12 bottles.

Product offers are valid as long as they are visible on the site, within the limit of available stocks.

The sale will only be considered valid after full payment of the price. It is up to the Client to check the accuracy of the order and report any errors immediately.

Any order placed on the website https://directchateau.com constitutes the formation of a contract concluded remotely between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

The Client will be able to follow the progress of their order on the website.

Any cancellation of the order by the Client will only be possible before the delivery of the Products (regardless of the provisions related to the application or not of the legal right of withdrawal).

ARTICLE 3 Bis - Client Area - Account

To place an order, the Client is invited to create an account (personal space).

To do this, they must register by filling out the form that will be provided at the time of their order and agree to provide sincere and accurate information regarding their civil status and contact details, especially their email address.

The Client is responsible for updating the information provided. They are advised that they can modify them by logging into their account.

To access their personal space and order history, the Client must identify themselves using their username and password, which are strictly personal and will be communicated to them after registration. As such, the Client is prohibited from disclosing them. Otherwise, they will remain solely responsible for the use that will be made of them.

The Client may also request to unsubscribe by visiting the dedicated page on their personal space or by sending an email to: contact@directchateau.com. This will be effective within a reasonable period.

In case of non-compliance with the general conditions of sale and/or use, the site https://directchateau.com may suspend or even close the account of a client after formal notice sent electronically remains without effect.

Any deletion of an account, whatever the reason, results in the simple deletion of all the Client's personal information.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.

Creating the account implies acceptance of these general terms and conditions of sale.

ARTICLE 4 - Terms of Payment

The price is paid by secure payment, according to the following methods:

· Payment by credit card, Google Pay, PayPal, Apple Pay

The price is payable in full by the Client on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment provider involved in banking transactions carried out on the website https://directchateau.com.

Payments made by the Client will only be considered final after effective collection by the Seller of the amounts due.

The Seller will not be required to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

ARTICLE 5 - Deliveries

Products ordered by the Customer will be delivered in mainland France or to the following area(s):
Anywhere in the world.

Deliveries take place within 2-3 days for France, 2-4 days for Europe, and 1 to 2 weeks for other countries to the address indicated by the Customer when ordering on the site.

Delivery consists of the transfer to the Customer of physical possession or control of the Product. Unless there are exceptional circumstances or one or more Products are unavailable, Products ordered will be delivered in a single shipment.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the timeframes specified above.

If the ordered Products have not been delivered within 3 weeks after the indicative delivery date, for reasons other than force majeure or the fault of the Customer, the sale may be terminated upon the written request of the Customer under the conditions provided for in articles L 216-2, L 216-3, and L241-4 of the French Consumer Code. Any amounts paid by the Customer will then be refunded at the latest within fourteen days following the date of termination of the contract, excluding any compensation or deductions.

Deliveries are carried out by an independent carrier to the address indicated by the Customer during the order, and which the carrier can easily access.

When the Customer has chosen to use their own carrier, delivery is considered to have been made once the Products ordered by the Seller are handed over to the carrier, who accepts them without reservation. The Customer acknowledges that it is the carrier’s responsibility to deliver the goods and that there is no recourse against the Seller in case of non-delivery of the goods transported.

The Seller also offers free delivery to one of its stores accessible via the following link or location: 4 PLACE DE L'EGLISE MONOLITHE, Saint Emilion.

In case of a specific request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Seller, the related costs will be subject to an additional specific billing, upon a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the delivered products. They have 2 days from the delivery date to make claims by email, accompanied by all related supporting documents (photos, in particular). After this period and failure to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no complaint will be validly accepted by the Seller.

The Seller will reimburse or replace as quickly as possible and at its own expense, the Products delivered with proven non-conformity or apparent or hidden defects, under the conditions provided for in articles L 217-4 and following of the French Consumer Code and as provided for in these T&Cs.

The transfer of risks of loss and deterioration relating to them will only be realized when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen their own carrier. In this case, the risks are transferred upon handing the goods over to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Customer will only occur after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

In accordance with Article L221-18 of the French Consumer Code:
“For contracts providing for regular delivery of goods over a defined period, the period runs from receipt of the first good.”

The right of withdrawal may be exercised online, using the attached withdrawal form also available on the site, or by any other unambiguous statement expressing the desire to withdraw, including by mail sent to the Seller at the postal or email addresses indicated in ARTICLE 1 of these T&Cs.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow them to be resold in new condition, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products will not be taken back.

Return shipping costs are the responsibility of the Customer.

An exchange (subject to availability) or a refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products provided by the Seller benefit from:

• The legal guarantee of conformity, for defective, damaged, or non-conforming Products,
• The legal guarantee against hidden defects resulting from a material, design, or manufacturing defect affecting the delivered products and rendering them unsuitable for use,

Provisions relating to legal guarantees:

Article L217-4 of the French Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any non-conformities existing at the time of delivery. They are also liable for any non-conformities resulting from the packaging, assembly instructions, or installation when it has been charged to them by the contract or carried out under their responsibility.”

Article L217-5 of the French Consumer Code
“The good complies with 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 possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
• if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
  2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by them.”

Article L217-12 of the French Consumer Code
“The action resulting from non-compliance is limited to two years from the delivery of the goods.”

Article 1641 of the French Civil Code.
“The seller is bound by the guarantee against hidden defects in the item sold that render it unsuitable for the use for which it was intended, or that reduce such use to such an extent that the buyer would not have acquired it, or would have paid a lower price for it, if they had known about them.”

Article 1648 paragraph 1 of the French Civil Code
“The action resulting from redhibitory defects must be brought by the buyer within two years of discovering the defect.”

Article L217-16 of the French Consumer Code.
“When the buyer requests from the seller, during the commercial warranty granted to them at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days shall be added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision of the good for repair, if this provision is after the request for intervention.”

To assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects upon their discovery.

The Seller will reimburse, replace, or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate, and return costs will be reimbursed upon presentation of receipts.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 14 days following the Seller's confirmation of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

• Non-compliance with the legislation of the country where the products are delivered, which it is the Customer's responsibility to check,
• In case of misuse, professional use, negligence, or lack of maintenance by the Customer, as in the case of normal wear and tear of the Product, accident, or force majeure,
• The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.

In any case, the Seller's warranty is limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 - Personal Data

The Customer is informed that the collection of their personal data is necessary for the sale of Products by the Seller and their transmission to third parties for delivery purposes. These personal data are collected solely for the execution of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the site https://directchateau.com are as follows:

Account creation
When creating a Client/User account:
Names, first names, postal address, phone number, and email address.

Payment
For payment of the Products offered on the site https://directchateau.com, financial data related to the Customer/User's bank account or credit card are recorded.

9.2 Recipients of Personal Data

Personal data is reserved for the sole use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, within the meaning of the French Data Protection Act and from May 25, 2018, the General Data Protection Regulation (GDPR) 2016/679.

9.4 Limitation of Processing

Unless the Customer gives express consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will keep the data collected for 5 years, covering the duration of the applicable contractual civil liability limitation period.

9.6 Security and Confidentiality

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

9.7 Exercising Customer and User Rights

In accordance with the regulations applicable to personal data, Customers and users of the website https://directchateau.com have the following rights:

• They can update or delete their data in the following way:

By logging into the account in the back office of the site.

• They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller."

• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller."

• If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data Controller."

• They can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller."

• They can also request the portability of data held by the Seller to another service provider.

• Finally, they can oppose the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum of one month.

In the event of a refusal to grant the Customer's request, the latter must be justified.

The Customer is informed that in case of refusal, they can lodge a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or seek judicial redress.

The Customer may be asked to tick a box indicating their acceptance to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the site https://directchateau.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.

ARTICLE 11 - Applicable Law - Language

These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.

The Customer is informed that they may, in any event, resort to conventional mediation, with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in case of a dispute.

In this case, the appointed mediator is Bruno Patie,
4 PLACE DE L'EGLISE MONOLITHE 33330 SAINT-EMILION
https://directchateau.com/
Email: contact@directchateau.com.

All disputes arising from purchase and sale operations concluded in accordance with these T&Cs and which have not been resolved amicably between the seller or by mediation, will be submitted to the competent courts under common law conditions.

ANNEX I

Withdrawal Form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on _______________, except for exclusions or limits to the right of withdrawal as per the applicable General Terms and Conditions of Sale.

To the attention of SARL unipersonnelle, LE CELLIER DE SAINT EMILION

4 PLACE DE L'EGLISE MONOLITHE 33330 SAINT-EMILION

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

• Order dated (specify date)

• Order number: ...........................................................

• Customer's Name: ...........................................................................

• Customer's Address: .......................................................................

Customer's Signature (only if notifying this form on paper)