General terms and conditions
Publishing Director
EARL Bruno et Jean-Michel PIEAUX
Vallée de Vaux – 10 bis rue du Clos Baglin – 37210 – CHANÇAY
Tel. : 02 47 52 25 51
EARL with capital of 36980 euros.
SIRET : 40218837900018 RCS Tours
NAF or APE code: 0121Z (vine cultivation)
Intracommunity VAT number: FR 94 402188379
Field of application
These General Terms and Conditions of Sale apply to all orders placed via the www.domaine-du-margalleau.fr website and to all orders received by mail or telephone, regardless of any clauses that may appear on the buyer’s documents.
The customer acknowledges having read and understood these General Terms and Conditions of Sale. The distance selling rules of the place where the company has its headquarters apply. This contract is governed by French law.
Control
EARL Pieaux Viticulteurs undertakes to accept orders placed via the Internet under the terms of the present General Sales Conditions and within the limits of available stocks. If a product is out of stock, we will inform you of the lead times required to obtain the desired product or we will offer you a replacement product. EARL Pieaux Viticulteurs will honour each order by making one or more deliveries of the products ordered. By validating the order, the customer declares that he/she has read and accepted the present General Terms and Conditions of Sale.
Any order will be taken into consideration only after reception of the payment and will be confirmed by EARL Pieaux Viticulteurs by e-mail.
EARL Pieaux Viticulteurs reserves the right to cancel all non-compliant or dubious orders, as well as those from a customer with whom there is any dispute.
Price
Prices are given in euros and include all applicable taxes (VAT, excise duties and any other applicable taxes). The prices displayed are net, and include the price of the products, the costs of handling, packaging and preservation of the products, and do not include postage and delivery charges. Shipping and delivery costs vary according to the number of products ordered and the region or country of shipment.
The price indicated in the order confirmation by EARL Pieaux Viticulteurs is the final price, expressed inclusive of all taxes and including VAT at 20% for France.
Offer validity
Products are offered for the duration of each sale and while stocks last. EARL Pieaux Viticulteurs cannot be held responsible for a possible stock shortage which would cause a delay in the delivery of the order. Orders are definitive only when they have been confirmed by the buyer’s payment. In the event of unavailability of one or more products after the validation of the order, EARL Pieaux Viticulteurs undertakes to inform the customer by e-mail as soon as possible.
In agreement with the customer, EARL Pieaux Viticulteurs may modify the order, or proceed with the reimbursement of the unavailable product(s).
Delivery
EARL Pieaux Viticulteurs delivers throughout mainland France.
Shipping costs include packaging, handling and postage. They may contain a fixed part and a variable part depending on the price or weight of your order. We advise you to combine your purchases into a single order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them. Your package is dispatched at your own risk. Particular care is taken with packages containing fragile products. Packages are oversized and protected.
Deliveries to any other destination will be subject to a specific quotation. Wines can be purchased directly from the estate. 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. EARL Pieaux Viticulteurs undertakes to make every effort to deliver the products ordered as quickly as possible.
Average lead times are specified on each product sheet, and vary according to the destination country chosen by the customer. Delivery is made within the agreed time by handing over the product directly to the named addressee, or in the event of absence, by notification of availability.
Any delays, except in cases of force majeure, may give rise to reimbursement at the customer’s request. War, riot, fire, strikes, accidents and the impossibility of obtaining supplies are considered to be cases of force majeure which relieve the seller of his obligation to deliver. It is the customer’s responsibility to check parcels carefully on delivery, and to notify the carrier immediately of any reservations.
The information provided by the purchaser when placing an order is binding: in the event of an error in the recipient’s contact details, the seller cannot be held responsible for the impossibility of delivering the product.
Wines are delivered in 6-bottle cartons.
Payment
Payment for products purchased from EARL Pieaux Viticulteurs is due in full when the order is placed. Wines remain the property of EARL Pieaux Viticulteurs until invoices have been paid in full. Payments can be made by cheque, payable to EARL Pieaux Viticulteurs, or by credit card. An invoice will be issued by EARL Pieaux Viticulteurst and sent to the customer’s billing address.
Ability to return
In application of the provisions of article L.121-16 of the French Consumer Code, the buyer has a period of seven clear days from delivery of the order to return the item delivered for exchange or reimbursement, at the buyer’s discretion, without penalty except for the cost of return.
Return shipping costs are at the customer’s expense. EARL Pieaux Viticulteurs undertakes to reimburse the customer, with the exception of the return postage costs, which remain at the customer’s expense. Refunds will be made within two weeks of receipt of the return.
Returns are made to
EARL Bruno et Jean-Michel PIEAUX
Vallée de Vaux – 10 bis rue du Clos Baglin – 37210 – CHANÇAY
Reservation of ownership
In accordance with the law of May1, 1980, products delivered to the customer are sold subject to retention of title. Transfer of ownership is subject to full payment of the product price by the customer on the due date agreed between the parties. In the event of non-payment of the total price of the goods on the agreed due date, EARL Pieaux Viticulteurs may claim ownership of the products at the customer’s expense and risk.
Personal data
The creation of a customer account with EARL Pieaux Viticulteurs requires the customer to communicate a certain amount of personal data. The data required to process the order and to manage EARL Pieaux Viticulteurs’ commercial relations with its customers is secure, kept confidential and not used for commercial purposes by third parties.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, consumers have the right to access and rectify any personal information concerning them.
Warranties
EARL Pieaux Viticulteurs is bound by the legal guarantee against hidden defects, as defined in article 1641 et seq. of the French Civil Code: “The seller is bound by the guarantee against hidden defects of the item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them”. Consequently, the customer has up to 2 months after the delivery date to send a complaint to EARL Pieaux Viticulteurs. After this period, the company EARL Pieaux Viticulteurs will no longer be able to guarantee the wines and the customer will have to prove that the alteration of the wine occurred prior to receipt of the wine.
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 www.domaine-du-margalleau.fr website as well as by mail and telephone are governed by French law. Any dispute that cannot be settled amicably will be referred to the courts of the headquarters of EARL Pieaux Viticulteurs or to the court of the department chosen by the customer.
Protection of minors and public health
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. All EARL Pieaux Viticulteurs customers agree to be at least 18 years of age when placing an order with EARL Pieaux Viticulteurs. Alcohol abuse is dangerous for your health. So consume and enjoy in moderation.
Personal data protection
In accordance with French law 78-17 of January 6, 1978, you have the right to access and correct your personal data. To exercise this right, you have direct access to your personal online account. You can also contact :
EARL Bruno et Jean-Michel PIEAUX
Vallée de Vaux – 10 bis rue du Clos Baglin – 37210 – CHANÇAY.
Disputes
Complaints or disputes will always be received with attentive benevolence, good faith always being presumed in those who take the trouble to explain their situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.