Preamble

You are currently logged on to the website « http://www.cognac-guillon-painturaud.fr ». The purpose of this document is to inform you about the company and its general terms and conditions of sales.

Those general terms and conditions of sales apply to every order made on the website « http://www.cognac-guillon-painturaud.fr » (hereinafter, referred to as « the website »).

Those general terms and conditions of sales are concluded, on one hand between :

– The Winegrowing Enterprise Civil Company « GUILLON », which head office is in BIARD – 16130 SEGONZAC – France,  registred at the Angouleme of Businesses and Companies under the registration number 387 634 108, intra-European VAT identification number FR 85 387 634 108.

(hereinafter, referred to as « Guillon-Painturaud Company »).

On the other hand,

– By any individual or legal entity wishing to make a purchase through our Website « http://www.cognac-guillon-painturaud.fr ».

(hereinafter, referred to as « The buyer » or the « Customer»).

The parties agree that their relations will be exclusively governed by this contract, excluding any condition previously available on the Website. However, if a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.

The Customer confirms that, before placing the order, he has read all the aforementioned information and the General Terms and Conditions of Sales.

Article 1 – Object

Scope of application

The present general terms and conditions of sales aim to define the sales conditions (Rights and Obligaions) between the company GUILLON and the Buyer, wether professional or consumer, as a part of the products sold by Guillon company, through its commercial site : http://www.cognac-guillon-painturaud.fr.

The present contract is in conformity with the French regulations in force, and more particularly with the Law 2004-575 called Law for the confidence in the digital economy. It is also in conformity with the OECD recommendations in the field of electronic commerce, as well as with the provisions of the Châtel law which came into force on June 1st, 2008.

Important: the present contract is made up of the present General Terms and Conditions of Sale and the order form. However, the photographs illustrating the products on the Site do not fall within the scope of the contract. If errors or alterations resulting from the processing of these photographs or the display on the screen of the user have been introduced, the responsibility of the company GUILLON can in no case be held liable for this fact.

Duration of application and modifications of the General Conditions of Sale

These General Terms and Conditions of Sale are valid from 15 November 2012. This edition cancels and replaces previous versions.

GUILLON reserves the right to adapt or modify at any time and without notice these Terms and Conditions of Sale. In case of modification, it will be applied to each order the General Terms of Sale in force at the date of the order.

In accordance with Article L. 3342-1 of the Public Health Code applicable to sites selling alcoholic beverages on the Internet, which states that “the sale of alcoholic beverages to minors is prohibited”, the Customer undertakes to certify that he is of legal age when placing an order.

Thus, the Purchaser must be at least eighteen (18) years old, be legally capable of contracting and using this Site in accordance with the General Terms and Conditions of Sale.

The resale or distribution of products purchased on http://www.cognac-guillon-painturaud.fr is prohibited.

Article 2 – Availability of Products

The products and services offered by the company GUILLON are presented on its Website in French language. Any national of the European Community and countries complying with the directive 95/46/CE cannot claim his linguistic ignorance as a cancellation clause of the contract.

The offers of products and prices are valid as long as they are visible on the Site, within the limit of available stocks. In the event of unavailability of products after the order has been placed, the Customer will be informed by e-mail or telephone as soon as possible. The GUILLON company will offer the supply of a similar product at identical price. In the absence of acceptance, and if the payment has already been debited, he will proceed to its reimbursement within a maximum period of thirty (30) days.

Due to the specificity of the Internet network, the company GUILLON does not guarantee on its Site the availability of all products and services in real time.

Article 3 – Geographical area

The products sold online presented on the Site are delivered in Metropolitan France (including Corsica) and in the countries of the European Community.

However, it is up to the Customer, importer of the products, to check that he complies with the legal requirements of his country. Thus, the products ordered are imported into the country of destination by and under the responsibility of the Customer. In addition, the Customer will carry out all the necessary steps concerning taxes and other customs or import fees and, more generally, all related costs.

The Customer declares that he understands and accepts that he cannot validly avail himself of the right of withdrawal set out in Article 13, if he does not meet the obligations mentioned in the paragraph above.

Article 4 – Order

Any order form signed by the Customer by “double click” constitutes an irrevocable acceptance which can only be questioned in the cases restrictively provided for in this contract.

Indeed, the “double click” associated with the authentication and non-repudiation procedure and the protection of the integrity of the messages constitutes an electronic signature, within the meaning of article 1316-4 of the Civil Code.

Any agreement of an estimate sent by email to the Buyer, and returned to the company GUILLON with an explicit agreement also constitutes an irrevocable acceptance.

Article 5 – Order process

The Buyer who wishes to purchase a product online must follow the procedure described below.

The Buyer must fill in the identification form on which he or she will indicate all the requested information or give his or her Customer number if he or she already has one. The Buyer must fill in the online order form giving all the references of the chosen products, as well as the desired quantities.

The information and details provided by the buyer at the time of the order are binding. In case of error(s) of seizure, the GUILLON company could not be held responsible for the consequences that this would generate and the impossibility to ensure delivery. This clause is applicable in case of delay or error of delivery: in this case, all costs incurred by the company GUILLON for the reshipment of the order will be fully borne by the Purchaser.

The Buyer checks the details of his order and its total price. He has the opportunity to correct any errors, before confirming the order in a second step.

The validation of the order implies the acceptance of the General Terms and Conditions of Sale, the acknowledgement of having had a perfect knowledge of them and, if necessary, the renunciation to avail oneself of one’s own terms of purchase or other conditions.

Article 6 – Confirmation of the order

Any order placed with the company GUILLON must be confirmed by the latter for the order to be definitively accepted.

Indeed, the company GUILLON reserves the right to cancel any order from a Customer with whom there is a dispute over the payment of a previous order, or other cases provided for in this contract.

The confirmation of the order will be sent by email to the Purchaser as soon as possible, subject to the provision by the Purchaser of a valid email address that is not subject to any restriction of use (professional email address for example). In this case, the company GUILLON can not be held responsible for non-receipt of the order confirmation containing all contractual information and proof of the transaction.

Each order confirmation contains the deadline for delivery of the order in question.

However, without contradicting what precedes, as soon as the Customer pays his order by cheque, the order confirmation will specify a delivery period which will begin to run only as from the final cashing of the cheque by the company GULLON.

Article 7 – Prices

Prices are valid as long as they are visible on the Site, within the limit of available stocks. The GUILLON company reserves the right to change prices at any time and undertakes to apply the rate in effect on the date of validation of the order, subject to availability of the product ordered on that date.

Prices are quoted in euros all taxes included. They take into account the VAT applicable on the day of the order. They do not include the participation in the delivery costs invoiced in supplement and which will be indicated in the confirmation of order.

Any reservation for a visit is valid and cannot be cancelled. No refund will be made in the event of cancellation of the reservation or no-show.

Article 8 – Method of payment

The company GUILLON provides the Buyer with various means of payment offering maximum security and guarantees:

– Credit card or private card (Carte Bleue, Visa, Eurocard/Mastercard), by indicating directly in the zone provided for this purpose (entry secured by SSL encryption), the number of the card without space between the numbers, its date of validity, as well as its control code.

– By bank transfer

– By check in euros, cleared in a French bank, payable to the company GUILLON and sent to the following address:

Orders service

SCEV GUILLON

BIARD

16130 – SEGONZAC

FRANCE

Your order is then reserved for seven (7) days. Beyond this period, without receipt of your check, it will be cancelled. The order will only be processed upon receipt of your cheque or transfer and after validation of the cashing of the amount in question.

The Customer warrants to the company GUILLON that he has the necessary authorizations to use the payment method chosen by him, when validating the order form.

The GUILLON company reserves the right to refuse any order from a Buyer with whom a payment dispute is in progress or with a Buyer who has not paid totally or partially a previous order.

For payments by credit card, certain checks may be carried out by the company GUILLON. In the event that the contact information provided by the Customer is verified by the company GUILLON, the information related to the Customer’s order is subject to automated data processing for which the company GUILLON is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against credit card fraud.

The GUILLON company is the recipient of the data related to the Customer’s order. The non-transmission of data related to the order prevents the analysis and therefore the completion of the purchase.

The occurrence of an unpaid amount due to fraudulent use of a credit card will lead to the registration of the details related to the order associated with this unpaid amount in a payment incident file implemented by the company GUILLON. An irregular declaration or an anomaly may also be the subject of a specific treatment.

In accordance with the French law “Informatique et liberté” of January 6, 1978, you have at any time the right to access, rectify, and oppose all your personal data by writing by mail and proving your identity to : SCEV GUILLON – Customer Service – BIARD – 16130 SEGONZAC – France.

Article 9 – Retention of title

The products delivered to the Customer remain the property of the company GUILLON as long as the Customer has not paid the full price in principal and accessories, due under his order. The payment within the meaning of this clause means the effective collection of the price by the company GUILLON.

On the other hand, the transfer of risks takes effect upon actual delivery of the products ordered on the online shop.

The documents provided to the Customer are governed by the Intellectual Property Code. They therefore remain the property of the company GUILLON. It is therefore forbidden to reproduce, transfer, or exploit the documents provided without the consent of the company GUILLON.

Article 10 – Execution of the order

The GUILLON company reserves the right to refuse the order for a “legitimate reason” (as defined by jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, abusive request of the Customer, presumption of impossibility for the Customer to contract or manifest intention for the Customer to harm the GUILLON company.

The GUILLON company also reserves the right not to execute the order in the case of an obvious typographical error leading to the display of a “vile price”, even after confirmation of the order addressed to the Customer. The Customer understands and accepts that he may not claim any indemnity of any nature whatsoever as a result. The GUILLON company will contact the Customer to know if he wishes to maintain or cancel his order at the price that will be communicated to him.

Finally, the company reserves the right to refuse the order in case of dispute with the Customer, total or partial non-payment of a previous order, refusal of bank authorization during the online payment process.

In any event, the company GUILLON undertakes to process the order as soon as possible in order to deliver the products ordered on the date indicated in the order form.

Article 11 – Invoicing

An invoice will be automatically sent to the Customer when he orders. It will be sent to the e-mail address indicated by the Customer at the time of the order, unless otherwise indicated by the Customer.

Article 12 – Delivery

As a reminder, the products purchased on the Site http://www.cognac-guillon-painturaud.fr can be delivered in metropolitan France (including Corsica) and in the countries of the European Community.

However, the following delivery addresses are not accepted: post office box, cedex, military base.

The products are shipped to the delivery address(es) indicated during the ordering process.

The Customer can consult the order tracking system to know the progress of the delivery. The Customer is informed by e-mail of the dispatch of the order. This email contains the address of the site on which to track the status of the package, the tracking number of the package, and the deadline for delivery.

If the recipient of the order is absent at the time of delivery, the carrier will leave a calling card and the Customer or the recipient has a period of fifteen (15) days to recover the package according to the terms indicated on the calling card. After this period, the order will be automatically returned to the company GUILLON who will contact the Customer to define the conditions of a possible reshipment. The processing costs of this new delivery will then be charged to the Customer.

Shipping costs are calculated according to the type of service chosen, the type of products purchased and the total weight, if any. Please refer to the delivery section of the Site http://www.cognac-guillon-painturaud.fr.

The delivery times announced in the delivery section of the Site are calculated in working days. The times indicated are average times and correspond to the time taken to process, prepare and dispatch the order.

A summary document will be attached to each order (mentions required by article L 121-19 of the Consumer Code) mentioning :

– the identification and contact details of the company

– delivery charges

– terms of payment and delivery

– product characteristics

– the price

– the address to which to submit complaints

– after-sales service information

Any defect or delay in delivery exceeding seven (7) working days must be reported to our Customer Service as soon as possible.

In the event of a delay in shipment, an email will be sent to you. In this case, and as long as the product is not shipped, you can always cancel your order. You will then be immediately refunded if your account has been debited.

If you receive the product after the cancellation of your order, you will return it to us complete and in its original condition to allow us, upon receipt, to proceed to its refund.

You must check the conformity of the goods delivered at the time of delivery and before signing the carrier’s delivery note.

You must indicate on the delivery note and in the form of handwritten reserves accompanied by your signature, any anomaly concerning the delivery (open package, damaged product, “the delivery man did not want to wait for the unpacking of the item”, etc.). This verification is considered to have been carried out once the Buyer, or a person authorized by him, has signed the delivery note.

Article 13 – Right of withdrawal

In accordance with Article L121-20 of the French Consumer Code, the Customer has a period of seven (7) clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties except, where applicable, for the cost of return. The period of seven (7) days runs from the date of receipt of the products ordered (it being specified that when the period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next following working day).

Nevertheless, the Customer will not be able to avail himself of this right in the following cases:

– provision of a service whose execution has begun or has been completed before the end of the seven (7) day period.

-supply of goods made to the consumer’s specifications or clearly personalised or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire rapidly.

The company GUILLON recommends to the Customer who wishes to exercise his right of withdrawal, to inform the Customer Service, a return number of the product(s) concerned will then be assigned. The Customer will receive an email, which must be attached to the package, with the notification of his return number and the address where the product must be returned.

Packages for which there is no information attached identifying the sender (order number, surname, first name, address) cannot be taken back.

The product(s) must be returned in its (their) original condition and packaging, complete and accompanied by a copy of the purchase invoice and the completed return slip or e-mail confirming the return number. The products must not have undergone any alteration whatsoever.

After receipt and control of the products returned by the Customer, the GUILLON company sends an email of validation of the retraction and then proceeds to the refund within a maximum period of eight (8) days. Reimbursement is made by bank transfer for credit card payments and by cheque for cheque payments.

The costs and risks related to the return of the goods are the responsibility of the Customer who sends it. The return of the product(s) shall give rise to a refund equal to the purchase price of the product(s) purchased (including the sum paid by the Customer to pay for the delivery, and less the return costs which are borne by the Customer).

Article 14 – Exchange, Repayment

In case of non-conformity of the order, the Customer may return the product(s) received. In this case, in order for the return to be accepted, the Customer must inform Customer Service within five (5) days, if he has not received the correct reference.

Any claim made after this period will not be accepted.

The return of the product can only be accepted for products in perfect condition, in their original condition and packaging.

The product(s) must be returned, accompanied by the purchase invoice and the return agreement number, addressed to our Customer Service.

Concerning the returned product, it will be refunded or exchanged according to your request and available stocks. If a refund must be made, it will be made within thirty (30) days of receipt of your return. The cost of the return can then be refunded upon receipt.

Any reservation for a visit is valid and cannot be cancelled. No refund will be made in case of cancellation of the reservation or no-show. As soon as the Customer pays for his order by cheque, the order confirmation will specify a delivery period which will only begin to run once the cheque has been definitively cashed by GULLON.

Article 15 – Warranty

The GUILLON company is bound by the legal guarantee of hidden defects, within the meaning of Article 1641 and following of the Civil Code which states: “The seller is bound by the guarantee for hidden defects of the thing that make it unfit for the use for which it is intended, or that so diminish this use, that the buyer would not have acquired it, or would have given a lower price, if he had known them”.

Consequently, the Customer has up to two (2) months (from the date of delivery) to send his claim to the company GUILLON. Beyond this period, the GUILLON Company will no longer be able to guarantee the wines since no control on the quality of the storage place (essential element of the wine conservation) can be made, unless the Customer can provide the proof that the deterioration of the wine is prior to the sale.

The GUILLON Company will replace the products under warranty deemed defective or will return part of the price to the Customer who has chosen to keep the product.

In order to allow the GUILLON company to appraise the wines itself, the Customer is asked to leave them at his disposal. GUILLON will organize their removal at its own expense.

Rare wines and old vintages (vintages older than 10 years) cannot benefit from this guarantee insofar as they are offered for sale only on criteria of notoriety without having been tasted beforehand by the teams of the GUILLON Company.

The products sold on the website http://www.cognac-guillon-painturaud.fr comply with the regulations in force in France.

The GUILLON Company does not guarantee the Customer for any harmful consequences that these hidden defects could have caused.

Article 16 – Customer Service

For any information or question, our Customer Service is at your disposal.

You can reach us at : 0545834195

Monday to Friday from 9h to 12h and 14h to 18h; Saturday from 10h to 12h and 14h to 18h.

Through the “Contact” section of our Site: info@guillon-painturaud.com

By mail to the following address

Customer Service

SCEV GUILLON

BIARD – 16130 SEGONZAC

FRANCE

Article 17 – Force Majeure

The GUILLON company can in no way be held responsible for the non-performance of the order in case of force majeure. By express agreement, are also considered as cases of force majeure: unavailability of the product, disruptions, strikes (including carriers), theft or loss by the carrier, natural disasters, war, riots, fire, stock shortage, any other natural disaster, even if the conditions of unpredictability, irresistibility and exteriority are not met.

Regarding the products purchased to meet professional needs, the company GUILLON will not incur any liability for any indirect damages as a result hereof, business interruption, loss of profit, damage or expense, which may occur.

Article 18 – Cryptology

The GUILLON Website is subject to the secure system “ATOS” (from the Tarneaud bank of the Crédit du Nord Group) which uses the SSL (Secure Socket Layer) security protocol to encrypt the Customer’s bank details.

All orders placed on http://www.cognac-guillon-painturaud.fr can be controlled by the company GUILLON.

In this context, the company GUILLON may be required to ask the Purchaser for all the necessary evidence to execute the order, proof of identity, proof of address, etc…

These requests will be made by email or by phone.

Article 19 – Electronic signature

The “Double Click” associated with the procedure of authentication and non-repudiation of the Customer at the time of his order and the acceptance of these General Terms and Conditions of Sale constitutes an electronic signature within the meaning of Article 1316-4 of the Civil Code, which provides :

“When it is electronic, it consists of the use of a reliable identification process guaranteeing its link with the act to which it is attached. The reliability of this process is presumed, in the absence of proof to the contrary, when the electronic signature is created, the identity of the signatory is guaranteed and the integrity of the act is guaranteed, under conditions set by decree in the Council of State. ».

Article 20 – Liability

The GUILLON company, in the process of online sales, is only bound by an obligation of means; its liability can not be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, viruses, disruption of service, or other unintended problems.

Article 21 – Proof

The computerized registers, kept on the servers of the company GUILLON as well as on the servers of its banking institutions, will be considered as proof of communications, orders and payments between the parties.

Article 22 – Conservation and archiving of documents

Transaction data is archived on a reliable and durable medium, in accordance with Article 1348 of the French Civil Code.

It is therefore carried out in compliance with the AFNOR Z 42-013 standard on the design and operation of computer systems to ensure the preservation and integrity of the records stored in these systems.

Article 23 – Personal information

The automated processing of information, including the management of email addresses of Site users has been declared to the CNIL registered under number 1621615. It is carried out in compliance with the provisions of Law n°78-17 of 6 January 1978.

Similarly, any user has the right to verify the accuracy of this data, and may request its correction or deletion by writing to the company GUILLON at the following address:

SCEV GUILLON

BIARD – 16130 SEGONZAC

FRANCE

The information and contact details concerning the Customer are confidential. They are used to process orders and to send him/her information on products similar to those provided previously. The Customer has the possibility to oppose, free of charge, except those related to the transmission of the refusal, and in a simple way, to the use of his coordinates and this, each time a message is addressed to him. To do so, he just has to write to the following address:

SCEV GUILLON

BIARD – 16130 SEGONZAC

FRANCE

Article 24 – Intellectual Property

In accordance with the laws governing Intellectual Property (literary and artistic property rights, industrial property rights), this Site and all elements, trademarks, designs, models, logos, graphics, etc. found on this Site are the exclusive property of the company GUILLON and its partners, the latter not granting any license or any other right other than that of consulting the Site.

The reproduction or use of all or part of these elements is only authorized for the exclusive purpose of information for personal and private use, any reproduction and any use of copies made for other purposes is expressly prohibited. Any other use constitutes an infringement and is punishable under the Intellectual Property, unless prior written permission of the company GUILLON.

Any simple link or hypertext link is strictly prohibited without the express written consent of the company GUILLON.

Article 25 – Entire contract

The present General Terms and Conditions of Sale express the entirety of the obligations of the parties.

No general or specific condition communicated by the Customer may be incorporated into these General Terms and Conditions of Sale.

Article 26 – Non renunciation

The fact that the Company does not take advantage of a breach by the Client of any of the obligations referred to herein shall not be interpreted in the future as a waiver of the obligation in question.

Article 27 – Applicable law, Disputes

The present General Terms and Conditions of Online Sales are subject to French law, in accordance with European directives, notwithstanding any rules relating to conflicts of laws.

In the event of a dispute, the parties will favour an amicable settlement.

Any dispute relating to the interpretation or execution of this contract between the company GUILLON and a natural person or legal entity considered as a consumer, will be brought before the French Courts, in accordance with the provisions of articles 46 to 48 of the NCPC.

For any contractual relationship of Business to Business type between the company GUILLON and a legal entity, the attribution of competent jurisdictions is entrusted to the Courts of Angoulême.

Appendix – Glossary

In this contract, each of the terms mentioned below shall have the meaning set out in its definition, namely :

– the company”: The company GUILLON

– “online sales contract”: any contract concerning the order of products concluded between the company and a Customer within the framework of a distance selling system organized by the company GUILLON, which for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.

– Client” or “Buyer”: any natural person who, in this contract, acts in a private capacity or as a representative of a legal entity.

– “order form”: document which indicates the characteristics of the products ordered by the consumer and which must be signed by him by “double click” to commit him.

– Order”: act by which the Customer undertakes to purchase products and the company to deliver them to him.

– product”: good sold by the company.

– double click”: reiteration of the validation of the Order Form by the Customer.

An order form filled in and validated a first time is never taken into account without the Customer’s confirmation. This confirmation can be made by means of a checkbox indicating acceptance of the General Terms and Conditions of Sale, or a message confirming the order.

 

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