Terms and conditions of sale

Terms and conditions of sale

Alcohol abuse is dangerous for your health, and should be consumed in moderation. The sale of alcohol to minors under 18 is prohibited.

Last updated on November 1, 2020

Article 1: Scope of application

These Terms and Conditions apply to all orders placed through the website
https://www.chateaudemessey.com
regardless of any clauses that may appear on the buyer’s documents.

The Customer acknowledges having read and accepted these General Terms and Conditions of Sale. In the event of a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company has its registered office will apply.

Article 2: Orders

SAS DE MESSEY undertakes to accept orders made under the terms of the present General Terms and Conditions of Sale and within the limits of available stocks.
In the event of stock shortage, SAS DE MESSEY undertakes to inform the customer of the lead times required to obtain the desired product or to propose a replacement product. SAS DE MESSEY will honour each order by making one or more deliveries of the products ordered.

By validating his/her order, the Customer declares that he/she has read and accepts the present General Terms and Conditions of Sale. Orders can only be prepared and dispatched once payment has been received. An invoice will be sent by email as soon as the order has been dispatched.

SAS DE MESSEY reserves the right to cancel all non-compliant or dubious orders, as well as those from a customer with whom there is any dispute.

Article 3: Prices

Prices shown include all taxes (VAT, excise duties and any other taxes applicable on the day the order is placed; any change may be reflected in the price of the products).

In the case of deliveries outside mainland France, the prices shown are inclusive of VAT and are supplemented by excise duties and other taxes in the customer’s country (and any other taxes applicable on the day the order is placed, any change in which may be reflected in the price of the products), as well as the cost of handling customs formalities.

Product prices may change at any time depending on SAS DE MESSEY’s pricing policy. Products ordered are invoiced at the price in force at the time the order is registered.

Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.

All prices are net and exclude shipping. Shipping costs may vary according to the number of products ordered and the country of shipment.

Article 4: Validity of offers

Products and promotional offers are subject to availability. In the event of unavailability of one or more products after validation of the order, SAS DE MESSEY undertakes to inform the customer by e-mail as soon as possible. In agreement with the Customer, SAS DE MESSEY may modify the order or reimburse the unavailable product(s) by crediting the payment card used to place the order.

Article 5: Delivery

SAS DE MESSEY delivers in mainland France. Shipping costs are automatically calculated on our site according to the destination of the order and the quantity of products ordered.
Deliveries to any other destination will be subject to a specific quotation.

The wines come from our own estate.
Orders are delivered within 7 working days after receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These times are indicated in the order confirmation received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
It is the customer’s responsibility to check parcels carefully on delivery, and to notify the carrier immediately of any reservations. The customer has a period of 3 days (article L133-3 of the French Consumer Code) in which to make a complaint and 10 days if he has not been able to check their condition with the carrier (article L224-65 of the French Consumer Code).

Any error or modification made by the Customer in a current delivery order, whatever it may be, will result in an extension of the delivery deadline. Additional costs will be charged to the customer

Article 6: Withdrawal
For product orders :

In application of the provisions of article L.221-18 of the French Consumer Code, the Customer has a period of fourteen clear days from delivery of the order to return the delivered item for exchange or reimbursement, at the Customer’s discretion, without penalty, with the exception of return costs.

The customer has a period of two years from the date of delivery of the goods to act upon discovery of the hidden defect.

Notification of withdrawal may be made by e-mail or telephone (see the Contacts page for contact details).

SAS DE MESSEY undertakes to reimburse the Customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The cost of returning the product is borne by the Customer.

Returns should be sent to :

SAS DE MESSEY

3 rue de Messey 71700 Ozenay

In accordance with article L.221-5 of the French Consumer Code, the Consumer Buyer may find below a standard retraction form for an order placed on the Site with a professional Seller Advertiser:

Withdrawal form (Please complete and return this form only if you wish to withdraw from the contract).

To the attention of : (contact details of the Seller Advertiser)

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):

Ordered on (*)/received on (*) :
Name of customer(s) :
Customer(s) address :
Signature of Customer(s) (only in the case of notification of this form on paper) :

Date: (*)

(*) Delete as appropriate.

Article 7: Payment

All orders are subject to payment in the manner and by the means specified in the order process.

Credit card payments are made via a secure online payment service.

A payment order made by credit card cannot be cancelled. Payment of the order by the purchaser is irrevocable, without prejudice to the customer’s right to retract or cancel the order at a later date.

Article 8: Reservation of ownership

In accordance with the law of May 1, 1980, products delivered to the customer are sold subject to retention of title. The transfer of ownership is subject to full payment of the price of the products by the Customer, on the due date agreed between the parties. In the event of non-payment of the full price of the

SAS DE MESSEY may claim ownership of the products at the customer’s expense and risk.

Article 9: Personal data

All data provided during your visits to the Customers on
https://chateaudemessey.com
is strictly confidential. No customer data or personal information will be sold or rented to anyone without their prior consent. Customers’ personal data will be used by SAS DE MESSEY to process orders and, if necessary, to contact them for information relating exclusively to our services: accounting, credit card or other payment card control and selection, marketing and statistical analyses, tests, system maintenance and development, customer surveys, customer relations, improvement of our future communications, and better identification of customers’ needs and preferences.

SAS DE MESSEY may collect, store and use the following data: name, e-mail address, physical contact details, date of birth and sometimes delivery, billing or other order-related information.

In accordance with the French Data Protection Act of January 6, 1978, customers have the right to access, modify, rectify and delete data concerning them. The Customer may exercise this right by sending a letter to Customer Services (see the Contact page for contact details).

Existence of an opposition list to telephone canvassing: If your telephone number is collected when creating your account or placing your order, we inform you that your telephone details will only be used for the proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the foregoing, in accordance with legal provisions, you are hereby informed that you may, if you so wish, register on the “opposition to cold calling” list. You can register free of charge on this list, which applies to all professionals except those with whom you already have a contract.

Article 10: Warranties

SAS DE MESSEY is bound by the legal warranty for latent defects, as defined in article 1641 et seq. of the French Civil Code: “The seller is bound by the warranty for latent defects in the item which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them”. Consequently, the customer has up to 2 months after the delivery date to send his complaint to SAS DE MESSEY. After this period, SAS DE MESSEY will no longer be able to guarantee the products, and the customer will have to prove that any alteration occurred prior to receipt.

Products are covered by the legal guarantee of conformity provided by articles L217-4 et seq. of the French Consumer Code.

The Customer is reminded that :
– Has a period of two years from the delivery of the property to act;

– May choose between repair or replacement of the good, subject to the cost conditions stipulated in Article L. 217-9 of the French Consumer Code;
– Is exempted from proving the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.

The customer who wishes to invoke the legal guarantee of conformity must inform SAS DE MESSEY. If the reasons for the return are well-founded, the Products concerned will be returned to the address mentioned in article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery and return costs will be refunded.

The returned Product(s) will be reimbursed by crediting the bank account linked to the credit card used to pay for the order.

The refund date may be deferred until the date of actual receipt of the Product(s) at the above address.

Article 11: Liability

All texts and photos are for information purposes only and are not contractually binding. SAS DE MESSEY reserves the right to make changes to its website, its procedures and these General Terms and Conditions of Sale. The Customer is subject to the General Terms and Conditions of Sale in force at the time the order is placed. SAS DE MESSEY cannot be held responsible, or considered as having failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.

Article 12: Applicable law

The language of this contract is French. All clauses of these General Terms and Conditions of Sale, all transactions and purchasing operations carried out via the https://chateaudemessey.com website as well as by mail and telephone are governed by French law. Any dispute which cannot be settled amicably will be referred to the Courts of the registered office of SAS DE MESSEY or to the Court of the department chosen by the customer.

Article 13: Protection of minors

In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer undertakes to be at least 18 years of age when placing an order on the https://chateaudemessey.com website.

Main applicable texts Article L217-4 of the French Consumer Code

“The seller delivers goods in conformity with the contract and is liable for any lack of conformity at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility”.

Article L217-5 of the French Consumer Code

“The property conforms to the contract:
1° Whether it is fit for the use ordinarily expected of similar goods and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
– it has the qualities that a purchaser may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter”.

Article L217-12 of the French Consumer Code

“Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

Article L221-28 of the French Consumer Code

“The right of withdrawal cannot be exercised for contracts (…) :
7° The supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the professional (…)”.

Article 1641 of the French Civil Code

“The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article L3342-1 of the French Public Health Code

“The sale of alcoholic beverages to minors is prohibited. The offer of these beverages free of charge to minors is also forbidden in pubs and all shops or public places. The person dispensing the beverage requires the customer to provide proof of age (…)”.

CONSUMER MEDIATION

According to article L.612-1 of the French Consumer Code, “all consumers have the right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme”. To this

ALLO MY COACH offers its consumer customers the possibility of mediation by a consumer mediator, whose contact details are as follows:

Mediator for the Médicys accredited mediation center
contact@medicys.fr
https://medicys-consommation.fr/

Please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.