Legal Notices:
EARL Clos de Caveau
Capital amount: 7500 euros
Name: EARL Clos de Caveau
Head office address: 1560 Chemin de Caveau, 84190 Vacqueyras
SIRET number: 443773874
Email: domaine@closdecaveau.com
Tel: 04 90 65 85 33
VAT identification number: FR29443773874
Host Identity: Wix
Wix:
Wix Online Platform Limited
Address: 1 Grant's Row, Dublin 2 D02HX96, Ireland.
Phone: Please click here .
General conditions of sale
Applicable from 08/16/2023
Clause No. 1: Purpose and scope of application
The general conditions of sale described below detail the rights and obligations of the company EARL Clos de Caveau and its customer in the context of the sale of the following goods: bottles of wine on the site https://www.closdecaveau.com/
Any acceptance of the quote/purchase order including the clause “I acknowledge having read and accept the general conditions of sale attached hereto” implies the buyer’s unreserved acceptance of these general conditions of sale.
Clause No. 2: Scope
These General Conditions of Sale (“GCS”) apply to all orders placed through the website https://www.closdecaveau.com/ .
They govern all relations between the Seller and the Buyer, domiciled in France and of legal age to purchase alcoholic beverages. The purchase of wine via the site https://www.closdecaveau.com/ for the Resale is prohibited. In France, minors under the age of 18 cannot purchase products on the site https://www.closdecaveau.com/ in accordance with article L3342-1 of the public health code.
Unless otherwise stipulated, drawn up in the form of special conditions, they prevail over all other General Conditions of Sale or Purchase and, generally speaking, over all other contractual and commercial provisions and over inter-professional agreements.
They remain applicable even if one of the parties does not avail themselves of them at a given time. French law will apply.
The Buyer acknowledges having read the General Terms and Conditions and having accepted them without reservation in their entirety by validating his order. The Seller reserves the right to modify the General Terms and Conditions at any time and without notice. The applicable General Terms and Conditions are those in force on the day of validation of the order. The Seller reserves the right to apply restrictions on certain products ordered or even to refuse to subscribe to an order requested by a customer. The Buyer expressly waives the benefit of article 1587 of the Civil Code, conditioning the final conclusion of the order on the tasting and approval of the buyer.
Clause No. 3: Order
The Seller undertakes to accept orders made under the terms of the General Conditions of Sale and within the limits of vintages and available stocks.
In the event of a vintage being out of stock, the Seller will contact the Buyer to agree on a replacement vintage for the merchandise concerned.
By validating the order, the Buyer declares having read and accepted all of these General Conditions of Sale.
Any order will only be taken into consideration after receipt of payment and will be confirmed to the Buyer electronically or by telephone.
The Seller reserves the right to cancel all orders that are non-compliant or questionable, as well as those from a customer with whom there is any previous dispute. The Seller reserves the right to refuse any order for legitimate reasons and more particularly when the quantities ordered are abnormally high compared to the profile of customer orders as individual consumers.
Clause No. 4: Price
The prices of the goods sold are those in effect on the day the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
EARL Clos de Caveau reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause No. 5: Discounts and rebates
The prices offered include the discounts and rebates that the company EARL Clos de Caveau may grant taking into account its results or the assumption by the buyer of certain services.
Clause No. 6: Discount
No discount will be granted for early payment.
Clause No. 7: Payment terms
Payment for orders is made:
either by check;
either by credit card; paypal
Clause No. 8: Late payment
In the event of total or partial non-payment of the goods delivered on the due date, the buyer must pay EARL Clos de Caveau a late payment penalty equal to three times the legal interest rate.
The legal interest rate used is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the sum remaining due, and runs from the due date of the price without any prior formal notice being necessary.
In addition to late payment compensation, any sum, including the deposit, not paid on its due date will automatically result in the payment of a fixed compensation of 40 euros due as recovery costs.
Articles 441-10 and D. 441-5 of the Commercial Code.
Clause No. 9: Termination clause
If within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the amounts still due, the sale will be automatically cancelled and may give rise to the allocation of damages in favor of the company EARL Clos de Caveau.
Clause No. 10: Retention of title clause
EARL Clos de Caveau retains ownership of the goods sold until full payment of the price, principal and accessories. As such, if the buyer is subject to receivership or liquidation, EARL Clos de Caveau reserves the right to claim, as part of the collective procedure, the goods sold and remaining unpaid.
Clause No. 11: Delivery
Delivery is made:
either by direct delivery of the goods to the buyer;
either by depositing the goods at the place indicated by the buyer on the order form.
The delivery time indicated when registering the order is given for information purposes only and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of the products may not give rise to the buyer's benefit:
the allocation of damages;
cancellation of the order.
The risk of transport is borne entirely by the buyer.
In the event of goods being missing or damaged during transport, the buyer must make all necessary reservations on the purchase order upon receipt of said goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgement of receipt addressed to the company.
Upon receipt of the order, please check the condition and contents of the boxes. In the event of any missing, non-compliant or apparently defective items, note the usual reservations (number of broken or missing bottles, etc.) on the delivery note, by signing it, and confirm these reservations to the carrier by Registered Letter with Acknowledgment of Receipt within 48 hours of delivery. Failing this, EARL Clos de Caveau will not be required to replace the bottles concerned.
The dispute must be the subject of written information from the Buyer to the Seller within 48 hours from the day of delivery, in order to allow EARL Clos de Caveau to take part in the complaint.
In the event of a damaged package, the customer must refuse it. Any statement made by the customer such as “subject to unpacking” or any other statement with the same meaning will not be considered.
In the event of failure to comply with these terms, the entire delivery will be incontestably presumed to comply with the order and without any apparent defect.
Clause No. 12: Withdrawal
In accordance with Article L.121-21 of the Consumer Code, the Buyer may, within fourteen days of receipt of the products, exercise his right of withdrawal under the following conditions. The withdrawal will be carried out exclusively:
Either by telephone on the number: 04 90 65 85 33 (price of a local landline call), during Customer Service opening hours, Monday to Friday from 10 a.m. to 12 p.m. and 2 p.m. to 6 p.m.;
Either by sending an unambiguous declaration specifying their contact details and allowing the identification of the products to Customer Service – namely the number of the order concerned and the precise references of the products they wish to return by post to the postal address EARL Clos de Caveau, 1560 Chemin de CAVEAU, 84190 Vacqueyras.
Wines must be returned in their original packaging, in their original condition and complete, allowing them to be resold as new by the Seller, accompanied by the purchase invoice.
Damaged, soiled or incomplete bottles are not accepted.
In the event of exercising the right of withdrawal within the aforementioned period, only the price of the wine(s) purchased will be reimbursed by the Seller; the return costs remain the responsibility of the Buyer under the conditions provided.
The exchange (subject to availability) or refund is made within fourteen days from the withdrawal, by the Seller, of the wines returned by the Buyer under the conditions provided for in this article.
Clause No. 13: Liability
By express agreement between the parties, no legal action or claim of any kind whatsoever by the customer may be brought or made against the Seller more than six months after the occurrence of the event giving rise to the claim.
The Seller's liability may only be incurred in the event of proven fault and only within the limit of the price of the goods deemed contradictorily defective between the Buyer and the Seller, excluding any indirect and/or immaterial damages.
The Seller cannot be held liable for any errors in the choice of wines by the Buyer when placing the order.
The wines are packaged in suitable packaging to limit the risk of breakage. The Buyer must nevertheless unpack with caution, prudence and care, as the Seller cannot be held responsible for breakage resulting from the opening of the packaging.
The wines and their characteristics are described and represented as best as possible on the site https://www.closdecaveau.com/ . However, it is not excluded that there may be slight differences between the reproduction of the wines on the site https://www.closdecaveau.com/ and the wines delivered. In such cases, the Seller cannot be held liable.
The Seller is only bound by an obligation of means with regard to the operation and continuity of the site https://www.closdecaveau.com/ . Consequently, the Seller cannot be held liable for damage resulting from the use of the site https://www.closdecaveau.com/ or the Internet network such as loss of data, intrusion, viruses, speeds of access to the site from other Internet sites, speeds of opening and consulting the pages of the site https://www.closdecaveau.com/ , external slowdowns, suspension or inaccessibility of the site https://www.closdecaveau.com/ , fraudulent use by third parties of all information made available on the site https://www.closdecaveau.com/ , breakdowns and technical problems concerning hardware, programs, software which may, where applicable, lead to the suspension or termination of the site https://www.closdecaveau.com/ or if the site https://www.closdecaveau.com/ proves to be incompatible or presents malfunctions with certain software, configurations, operating systems or equipment of the Buyer, or other problems beyond its control.
The site https://www.closdecaveau.com/ may contain hyperlinks to other websites. The Seller makes no commitment regarding any other website to which the Buyer may have access via the site https://www.closdecaveau.com/ and is in no way responsible for the content, operation and access to these sites.
The Buyer is solely responsible for his use of the site https://www.closdecaveau.com/ and the wines ordered and cannot hold the Seller responsible for any claim and/or procedure made against him. He undertakes to make his personal business of any claim and/or procedure formed against the Seller and which would relate to his use of the service.
Clause No. 14: Force Majeure
The liability of the company EARL Clos de Caveau cannot be implemented if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event within the meaning of article 1148 of the Civil Code.
Clause No. 15: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Avignon.