General terms and conditions of sale from online products to individual consumers

Preamble

These general conditions of sale apply to all sales concluded on the website pomeaux.com.

The www.pomeaux.com website is a service of:

  • The company Chateau Pomeaux
  • located Lieu-dit Toulifaut 33500 Pomerol, France
  • Site URL: www.pomeaux.com
  • e-mail : info@pomeaux.com
  • phone number: +33 (0) 557 519 888

The website pomeaux.com sells the following products: Wine.

The customer declares to have read and accepted the general conditions of sale prior to the placing of his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 – Principles

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in store or through other distribution and marketing channels.

They are accessible on the website pomeaux.com and will prevail, if necessary, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their registered office in France.

These general conditions of sale are valid until 26 November 2021.

Article 2 – Content

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the website pomeaux.com.

These conditions only concern purchases made on the site of pomeaux.com and delivered exclusively in metropolitan France or Corsica. For any delivery in the DOM-TOM or abroad, it is necessary to send a message to the following e-mail address: info@pomeaux.com.

These purchases concern the following products: Wine.

Article 3 – Pre-contractual information

The buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a legible and understandable manner, of these general conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code.

The following information shall be transmitted to the buyer in a clear and comprehensible manner:

– the essential characteristics of the property;

– the price of the property and/or the method of calculating the price;

– if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;

– in the absence of immediate performance of the contract, the date or period at which the seller undertakes to deliver the good, regardless of its price;

– information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.

Article 4 – The order

The buyer has the possibility to place his order online, from the online catalog and by means of the form contained therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

– after sending the buyer confirmation of the acceptance of the order by the seller by e-mail;

– and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below.

In some cases, including non-payment, incorrect address or other problem on the buyer’s account, the seller reserves the right to block the buyer’s order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: +33 (0) 557 519 888 (cost of a local call), on the following days and times: Monday to Friday, from 9am to 5pm, or send an email to the seller at the following email address: info@pomeaux.com.

Article 5 – Electronic signature

The online provision of the buyer’s credit card number and the final validation of the order will be proof of the buyer’s agreement:

– payment of the sums due under the order form;

– signature and express acceptance of all the operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: +33 (0) 557 519 888.

Article 6 – Order confirmation

The seller provides the buyer with an order confirmation, by e-mail.

Article 7 – Proof of the transaction

The computerized records, kept in the seller’s computer systems under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 – Product information

The products governed by these general conditions are those that appear on the seller’s website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with regard to this presentation, the seller cannot be held liable.

The photographs of the products are not contractual.

Article 9 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.

Prices are quoted in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental ones, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

Article 10 – Method of payment

This is an order with payment obligation, which means that the placing of the order implies a payment of the buyer.

To pay for his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller’s website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by officially accredited organizations or in case of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in whole or in part for a previous order or with whom a payment dispute is being administered.

Payment of the price is made in full on the day of the order, according to the following methods:

– credit card

Article 11 – Availability of products – Refund – Resolution

Except in case of force majeure or during the periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France and Corsica, the period is 5 days from the day following that on which the buyer placed his order, according to the following methods: express courier. At the latest, the period will be 30 working days after the conclusion of the contract.

For deliveries in the DOM-TOM or another country, the terms of delivery will be specified to the buyer on a case-by-case basis.

In the event of non-compliance with the agreed delivery date or deadline, the buyer must, before breaking the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the end of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all the sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to request either the refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 – Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered according to the terms and the deadline specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipmented at the expense of the buyer. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the parcel to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because open or damaged).

The buyer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products …).

This verification is considered to have been carried out as soon as the buyer, or a person authorised by him, has signed the delivery note.

The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the item (s) and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal notice of the site.

If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery. Any claim made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions …).

Article 13 – Delivery errors

The buyer must make to the seller the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.

The claim may be made, at the choice of the buyer:

– by phone at the following number: +33 (0) 557 519 888;

– by e-mail to the following address: info@pomeaux.com.

Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.

Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer. The exchange of a product can only take place after the assignment of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, by Colissimo Recommandé, to the following address: Chateau Pomeaux, Lieu-dit Toulifaut, 33500 Pomerol.

The return costs are the responsibility of the seller.

Article 14 – Product warranty

14-1 Legal guarantee of conformity

The seller is the guarantor of the conformity of the property sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code.

In case of implementation of the legal guarantee of conformity, it is recalled that:

– the buyer has a period of 2 years from the delivery of the property to act;

– the buyer may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

– the buyer does not have to provide proof of the non-conformity of the good during the 24 months in case of new goods (6 months in case of second-hand goods), following the delivery of the good.

14-2 Legal guarantee 2 Hidden defects

In accordance with articles 1641 and following of the Civil Code, the seller is responsible for hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the sale of the property and are likely to make the good unfit for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect. 

The buyer can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

Article 15 – Right of withdrawal

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of the return costs which remain the responsibility of the buyer.

Returns are to be made in their original condition and complete (packaging, accessories, instructions …) allowing their remarketing in new condition, accompanied by the purchase invoice.

Damaged, soiled or incomplete products are not taken back.

The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the delivery costs are refunded.

The return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 48 hours, and at the latest, within 14 days from receipt, by the seller, of the products returned by the buyer under the conditions provided above.

Exceptions 

According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
– for the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

– the supply of goods made to the consumer’s specifications or clearly personalised;

– the supply of goods likely to deteriorate or expire rapidly;
– supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
– the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
– the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional;
– maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
– the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
– the supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
– the supply of digital content not supplied on a material medium whose execution has begun after the consumer’s prior express agreement and express waiver of his right of withdrawal.

Article 16 – Force majeure

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations shall be considered as grounds for exemption from the obligations of the parties and shall entail their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which can not be prevented by the latter, despite all reasonable efforts. Expressly, are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.

Article 17 – Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.

Article 18 – Data Protection

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices.

They may be communicated to the seller’s partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the pomeaux.com website has been declared to the CNIL.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the site pomeaux.com.

Article 19 – Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

Article 20 – Non-waiver

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 – Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 – Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

Article 23 – Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and e-mail address of the mediator are available on our website.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 – Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This is the case for both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 25 – Protection of personal data

Data collected

The personal data that are collected on this site are as follows:

– account opening: when creating the user’s account, his surname; first name; e-mail address; telephone number; postal address;

– connection: when the user logs on to the website, the latter records, in particular, his surname, first name, connection data, use, location and payment data;

– profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;

– payment: as part of the payment of the products and services offered on the website, it records financial data relating to the user’s bank account or credit card;

– communication: when the website is used to communicate with other members, the data concerning the user’s communications are temporarily retained;

– cookies: cookies are used, as part of the use of the site. The user has the possibility to disable cookies from the settings of his browser.

Use of personal data

The purpose of the personal data collected from users is to provide the services of the website, improve them and maintain a secure environment. Specifically, the uses are as follows:

– access and use of the website by the user;

– management of the operation and optimization of the website;

– organization of the conditions of use of the Payment Services;

– verification, identification and authentication of the data transmitted by the user;

– offering the user the possibility of communicating with other users of the website;

– implementation of user support;

– personalization of the services by displaying advertisements based on the user’s browsing history, according to his preferences;

– prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;

– management of any disputes with users;

– sending commercial and advertising information, according to the user’s preferences.

Sharing of personal data with third parties

Personal data may be shared with third-party companies, in the following cases:

– when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

– when the user publishes, in the free comment areas of the website, publicly available information;

– when the user authorizes the website of a third party to access his data;

– when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;

– if required by law, the website may carry out the transmission of data to follow up on claims against the website and comply with administrative and judicial procedures;

– if the website is involved in a merger, acquisition, transfer of assets or receivership proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.

Security and privacy

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


Implementation of user rights

In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@pomeaux.com.

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user’s identity in order to verify its accuracy.
  • the right to rectification: if the personal data held by the website are inaccurate, they can request that the information be updated.
  • the right to delete data: users may request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to restriction of processing: users may request the website to restrict the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • the right to portability: they can request that the website give them the personal data provided to it to transmit them to a new website.

Evolution of this clause

The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, within a minimum period of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.