Conditions générales de ventes

Date of entry into force of the General Terms and Conditions of Sale: 20/05/2021

IMPORTANT
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH, AND SHOULD BE CONSUMED IN MODERATION.

The sale of wines from our online store is exclusively reserved to people who are of legal drinking age in their country of residence, which the Customer expressly declares and guarantees.

Article 1: Legal notices

The website accessible on www.chateau-fortia.com is a site of the SARL Château Fortia, domiciled at Route de Bédarrides BP 13 at 84230 Châteauneuf-du-Pape - France.
Phone: +33 (0) 4 90 83 72 25
SARL with capital of 76,000 euros.
SIRET number: 707.320.289.000.10
European VAT number: FR 34707320289

Article 2: Scope of the Terms and Conditions

These General Terms and Conditions of Sale apply to all orders placed through the Château Fortia website. The Customer acknowledges having read these General Terms and Conditions of Sale and accepting them by clicking on the box provided for this purpose when confirming the order. For any legal question not addressed by these General Terms and Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply. This contract is governed by French law.

Article 3: Products

The essential characteristics relating to the Products and their prices are described and presented with the greatest possible accuracy in each Product sheet appearing on the Site. The Customer expressly declares to have read this information before placing an order. The choice and purchase of a Product from the Site are the sole responsibility of the Customer. The Products are offered within the limits of available stocks. The Products marketed from the Site being biologically living Products, the Customer's attention is drawn to the fact that: the Products may change over time, the color and taste may in particular be modified. The Products must be subject to special conservation and storage conditions. They should be stored in a dry place, protected from light, without significant variation in temperature (average of 17 ° C) or thermal shock, away from all chemicals. The perfect representation of the Products on the website cannot be guaranteed, in particular because of the differences in color rendering by internet navigation software and / or display monitors. These differences, since they do not relate to the essential characteristics of the Products and do not affect their quality, cannot justify an order cancellation or a refusal of delivery.

Article 4: Order

Any order for a Product from the Site requires prior identification of the Customer by filling in a form containing in particular the following information: first name, last name, address, email, delivery address, telephone number and password. Mandatory information is indicated as such in the form. When the Customer already has a personal account on the Site, he can identify himself by connecting directly to this personal account using his personalized identifiers: email address and password.

Château Fortia undertakes to accept orders placed over the Internet under the terms of these General Terms and Conditions of Sale and within the limits of available stocks. In the event of a shortage of stock, Château Fortia will notify the Customer of the lead times necessary to obtain the desired Product or we will offer you a replacement Product. Château Fortia will honor each order by making one or more deliveries of the Products ordered. By validating the order, the Customer declares to have read and accepted these General Conditions of Sale. Any order will only be taken into consideration after receipt of payment and will be confirmed by Château Fortia by email. Château Fortia reserves the right to cancel all orders, non-compliant or doubtful, as well as those from a Customer with whom there is any dispute. Certain Products marketed by Château Fortia may be subject to a minimum purchase quantity. When a Product can only be ordered from a certain quantity, this will be specified on the Site and prior to any ordering.

Article 5: Price

These shipping and delivery costs vary depending on the number of Products ordered and the country of dispatch. The price of the Products in force is that appearing on the site on the day of the order. Our prices are in euros, all taxes included, excluding shipping costs. Our pricing conditions are indicative and may be modified at any time without notice, it being understood, however, that the price appearing on the site on the day of the order will be the only one applicable to the Customer.

Article 6: Terms of payment

The Customer guarantees that he/she is the holder of the credit card used and that he/she is fully authorized to use it for the payment of the order and that this method of payment gives access to sufficient funds to cover the full price of the order. Payments made by the Customer will only be considered final after actual receipt of the sums due by Château Fortia. In addition, Château Fortia reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of orders in progress made by the Customer. Château Fortia also reserves the right to refuse to make a delivery or to honor an order if the Customer has not fully or partially paid a previous order or with which a payment dispute is being administered.

Article 7: Delivery

We guarantee the quality and condition of all the items we send. We can not be held responsible for any damage to the order due to transport or delivery. Delivery will be made to the address indicated by the Customer. The information transmitted when placing the order is binding on the Customer; In the event of an error, Château Fortia cannot be held responsible and no compensation and no reimbursement in the event of loss of products can be made.

7.1 Delivery in mainland France

The calculation of shipping costs, payable by the Customer, is automatic when ordering. Free postage is applicable from 12 bottles of 75cl purchased or equivalent. The order is delivered to the delivery address chosen by the Customer. Château Fortia undertakes to do everything in its power to deliver the Products ordered as quickly as possible. The average delivery time for orders is 3 to 6 working days after receipt of payment. Saturdays, Sundays and public holidays are included in non-working days, as well as days when road transport is prohibited or made difficult for any other reason. The Customer is required to carefully check his packages on delivery in order to immediately make any reservations with the carrier.

7.2 Delivery abroad

The calculation of shipping costs, payable by the Customer, is indicated when ordering according to the Customer's country of delivery, but it is not final. Once the order form has been received by Château Fortia, our team will compare prices and delivery times according to the exact address of the Customer and send them the best offer for their order. The order is delivered to the delivery address chosen by the Customer. Château Fortia undertakes to do everything in its power to deliver the Products ordered as quickly as possible. The average delivery time depends on the country of delivery. The Customer is required to carefully check his packages on delivery in order to immediately make any reservations with the carrier.

Article 8: Right of withdrawal and right of return

In accordance with the legal provisions in force, the Customer has a withdrawal period of fourteen (14) days from receipt of his order by the Customer or a third party he designates. During this period, the Customer has the right to return the Products, without having to justify reasons or pay a penalty, for exchange or refund. Returns must be made in their original condition and complete (packaging, accessories included) allowing them to be returned to the market in new condition, accompanied by the purchase invoice.

To exercise his right, the Customer must notify his decision to withdraw:

- By post to the following address: Château Fortia - Route de Bédarrides BP 13 - 84230 Châteauneuf du Pape.
- By e-mail from the contact page of the Château Fortia website.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs are reimbursed, the return costs are and remain the responsibility of the Customer. Reimbursement of payments received, including delivery costs, will be made within fourteen (14) days from the date of receipt of the Products by Château Fortia. Château Fortia will reimburse the Customer using the means of payment agreed with the Customer.

Article 9: Retention of title

In accordance with the law of May 1, 1980, the 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, by the deadline agreed between the parties. In the event of non-payment of the total price of the goods by the agreed deadline, Château Fortia reserves the right to claim ownership of the Products at the expense and risk of the Customer and to initiate any legal action if they are no longer in possession of the Customer or if it was not possible to recover them.

Article 10: Guarantees

In accordance with the legal provisions in force, the Products supplied by Château Fortia benefit as of right and without additional payment, regardless of the right of withdrawal, from the legal guarantee of conformity under the conditions of articles L.217-4 et seq. Of the French Code of consumption for Products apparently defective, spoiled or damaged or not corresponding to the order, and the legal guarantee against hidden defects provided for in articles 1641 and following of the Civil Code. A Product is compliant if it corresponds to the description given by Château Fortia and if it has the qualities that a Customer can legitimately expect. The Customer may not, however, dispute the conformity of the Product by invoking a defect that he knew or could not ignore when he contracted or the fact that the Product does not correspond to a special use sought and which has not been brought to knowledge of Château Fortia. In addition, the warranty is excluded with regard to any faults, deterioration or anomalies which did not exist at the time of delivery of the Product and resulting, in particular, from an accident, force majeure, use or abnormal storage of the Products by the Customer. In order to assert his rights under these guarantees, the Customer must inform Château Fortia of the non-conformity of the Products within THREE (3) to FIVE (5) days from the delivery of the Products, or from the discovery of hidden defects within the time limits referred to above and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, etc.). Any complaint must be sent by the Customer to Château Fortia by e-mail or post. Château Fortia will reimburse or replace the Products under warranty deemed to be non-compliant or defective within TEN (10) days following the observation by Château Fortia of the lack of conformity or the hidden defect. Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents. The refund will be made by the means of payment agreed between Château Fortia and the Client.

Article 11: Intellectual property

The content of the Site (photos, texts, ergonomics, graphic charter, etc.) is the property of Château Fortia and is protected by French and international laws relating to intellectual property, and in particular copyright.

The logos or any other trade name used to represent the Products on the Site, or to designate Château Fortia, whether registered or not, belong to Château Fortia exclusively. Any total or partial reproduction of this content, by any means and on any medium whatsoever, is strictly prohibited and may constitute an offense of counterfeiting and / or unfair competition.

Article 12: Force majeure

No party will be responsible for the total or partial non-performance of its obligations under this contract, if this non-performance is caused by an event constituting force majeure. Events meeting the criteria set by case law will be considered as force majeure. The parties agree that they must consult each other as soon as possible in order to jointly determine the terms of execution of the order during the period of force majeure. Finally, Château Fortia cannot be held liable in the event of breakdown, errors, viruses, intrusion and obstacles to the continuity of access to our site, like any incident resulting from Internet browsing.

Article 13: Settlement of disputes

In the event of a dispute, Château Fortia will do everything in its power to resolve it amicably within the framework of these general conditions of sale. All disputes to which the purchase and sale transactions concluded pursuant to these GTCS could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences and which could not be resolved between Château Fortia and the Customer will be subject to the competent courts under the conditions of common law. These general conditions of sale are subject to French law. Any dispute concerning the interpretation or execution of these general conditions of sale will fall under the exclusive jurisdiction of the jurisdiction of Avignon.

Article 14: Personal data

As part of its relationship with the Customer, Château Fortia is required to collect personal data and to process them in computerized memory in accordance with the provisions of the “Informatique et Libertés” law of 6 January 1978 as amended as well as the provisions of the European directive of the general data protection regulation of 25/05/2018. This information is intended exclusively for Château Fortia, which undertakes to protect it. By adhering to these general conditions of sale, you acknowledge having read our confidentiality commitment and consent to our collecting and using this data. In accordance with the applicable regulations on the protection of personal data, you have a right of access, rectification, opposition, erasure, limitation and portability. For any request, please contact our customer service using the contact form or by mail. Payments by credit card are secured by an online payment system compliant with SSL standards. In addition, all the banking information that you communicate to us, during your online purchase, is neither stored nor visible on the Internet. Château Fortia certifies the confidentiality of your data.

Article 15: Customer relations service
Do not hesitate to contact our Customer Service by e-mail from our contact page on our website or by phone at 04.90.83.72.25

gEnEral TERMS AND CONDITIONS OF SALE