General terms and conditions of sale
Scope of application
Unless otherwise stated in writing, the present general terms and conditions of online sale are applicable to all sales made with EARL JC ET CH PICHOT (hereinafter, the “Company”) via the website https://www.domaine-pichot.com/ (hereinafter, the “Online shop”), published by EARL JC ET CH PICHOT, a simplified joint-stock company with registered capital of €75,000, whose head office is at 70 Rue de la Vallée de Nouys 37210 Vouvray, registered in the Trade and Companies Register under number 408392736.
The sale of products via the website is reserved exclusively for internet users buying in a non-professional context residing in mainland France (hereinafter, “Customers” or “Users), for delivery to France. The general terms and conditions of sale therefore apply only to internet users that are natural or legal persons, acting for purposes not related to their commercial, industrial, artisanal or self-employed activities.
Unless otherwise agreed in writing by both parties, orders are subject only to the present general terms and conditions of sale, to the exclusion of all other general terms and conditions previously available on the website.
The general terms and conditions of sale were last updated on 16 July 2018. This version cancels and replaces all previous versions. The present general terms and conditions of sale, as well as all of the contractual information provided on the website, are published only in French.
Availability, enforceability and modification of the general terms and conditions of sale.
2.1. The general terms and conditions of sale are available to Customers on the Website, where they can be viewed directly.
2.2. The general terms and conditions of sale are enforceable for Customers who, by ticking the box for this purpose, state that they have understood and agreed to these general terms and conditions of sale before placing an order.
By confirming the order, the Customer agrees to the general terms and conditions of sale in force on the day the order is placed.
2.3. The Company reserves the right to change these general terms and conditions of sale at any time. In the event that changes are made to the general terms and conditions of sale, the applicable general terms and conditions of sale will be those in force on the date the order is placed.
In accordance with article L. 3342-1 of the French Public Health Code, which prohibits the sale of alcohol to minors under the age of eighteen, the buyer must certify when placing their order that they are least eighteen years of age.
Additionally, it is expressly reminded that the consumption of alcoholic beverages during pregnancy, even in small quantities, can have serious consequences on your child’s health.
4.1. The products for sale in the catalogue published on the Website are all subject to a description outlining their key characteristics as defined in article L. 111-1 of the French Consumer Code.
Photographs of products are not legally binding.
4.2. Products comply with the provisions of French law concerning human health and safety, fair trade and consumer protection in force when released on the market.
5. Customer account
To place an order, the Customer must first create an online account in the domaine-pichot.com Shop in order to obtain and confirm their login details.
6. Placing orders
The Customer can place an online order from the online catalogue featured on the Website.
The Customer can add products to their basket and make changes to the contents of their basket at any time by clicking on the appropriate tab.
Before confirming their order, the Customer may access a summary of their order, which includes identification of the products, quantities and prices (incl. VAT, excl. VAT, shipping fees, total). The Customer must also confirm their billing address and delivery address, and agree to the present general terms and conditions of sale.
In accordance with article 1127-2 of the French Civil Code, the Customer may check the details of their order and the price. Customers are therefore able to correct any mistakes or make any changes before final confirmation of the order.
7. Confirming orders
All orders will only be confirmed following payment, by bank card or cheque, of the entire sales price of the wines ordered.
In the event of payment by cheque, the order will only be considered valid once the Company has received the cheque. Cheques should be made payable to EARL JC ET CH PICHOT and arrive within 14 (fourteen) days of placing the order, at the following address: Domaine PICHOT 70 Rue de la Vallée de NOUYS, 37210 Vouvray
In the event of established fraudulent use of bank cards or cheques by a third party, and without prejudice to any procedure undertaken with their banking institution, Customers are asked, as soon as they become aware of this misuse, to contact the Company’s customer service team via the following contact details: Tel.: +33 (0)2 47 52 62 55 / Email: email@example.com
All orders approved by the Company will be subject to an email confirmation sent to the address provided by the Customer, in accordance with article 1127-2 of the French Civil Code, and an invoice will also be issued.
The Company undertakes to honour orders received on the Website subject to the availability of wines.
In the event that a wine’s unavailability is not indicated when placing the order, the Company undertakes to inform the Customer as soon as possible. In the event that the Customer refuses any offer by the Company to deliver a substitute wine of a similar price to that which was applicable during the order, any payment made by the Customer will be refunded by the company, at the latest within fourteen (14) days of retraction of the sales contract by the Customer, in accordance with article L. 216-3 of the French Consumer Code.
Goods will only be delivered following approval of the order.
8.1. In accordance with article L. 112-1 of the French Consumer Code, sales prices are given in euros, excluding and including VAT. The VAT rate will be that applicable on the day the order is placed. The prices of wines ordered on the Website and the date of the order in question are applicable and cannot be changed after approval of the order.
Prices exclude shipping costs, which the Customer is informed of in the domaine.pichot.com shop and which are approved before confirmation of the order by the Customer.
Prices may be changed by the Company at any time, while guaranteeing to the Customer the application of the price in force on the day of the order.
The Customer can choose for their order to be delivered to their home or to another address stated on the order form. In the event of an error in the User’s details or missing information, the Company cannot be held liable for any inability to deliver the wines ordered.
In the event that wines are returned due to an incomplete address, the Customer can choose either:
- for the wines to be shipped again after payment of additional shipping costs;
- for the order to be refunded after deduction of delivery costs.
Wines are shipped within fifteen (15) working days from confirmation of the order in accordance with article 7 above. Shipping times are extended to thirty (30) days for orders confirmed between 15 December and 10 January of each calendar year. This information will be brought to the customer’s attention on the domaine-pichot.com Shop during this period.
In the event that a delivery is delayed, the Customer must inform the Company’s customer service team so that the Company can resolve these issues as quickly as possible. In the event of errors on behalf of the Company, the Customer reserves the right to cancel the contract and receive a full refund within fourteen (14) days.
We offer you the chance to create your own mixed (cardboard) case – simply choose from our collection of wines.
Why wait? Make your selection now, adding a minimum of six bottles to complete your order!
10. Loyalty club
Once the first order has been confirmed in accordance with article 7 of the general terms and conditions of sale on the domaine-pichot.com Shop, the Customer automatically becomes, subject to no other conditions, a member of the “Loyalty Club” of the domaine-pichot.com Shop and will be eligible for special rates for future orders.
11. Withdrawal and refunds
11.1. The Customer may exercise their right of withdrawal, in accordance with article L. 221-18 of the French Consumer Code, without having to provide justification, within fourteen (14) days of the day on which the Customer, or any other person designated by the Customer, comes into physical possession of the products.
To exercise their right of withdrawal, the Customer must:
- provide notification before the end of the period stated above of their decision to withdraw through an unambiguous written statement sent by post. They may also use the withdrawal form found on the domaine-pichot.com Shop and sent with the order confirmation.
- return the products to the Company as soon as possible, and in any case, no later than fourteen (14) days after the Customer has informed the Company of their decision to withdraw. Customers are hereby informed that the costs of returning the order will be at their own expense and that the wines returned must be in their original condition and packaging.
11.2. The Company will refund the price of the order, including delivery costs (excluding any additional costs resulting from the Customer opting, where applicable, for a delivery method other than the least expensive method offered by the Company), without undue delay and, in any case, within fourteen (14) days of the date on which the Company is informed of the Customer’s decision to exercise their right of withdrawal. The Company may nonetheless postpone this refund until it has received the wines in question or until the Customer has provided proof of shipment of the wines, whichever comes first.
The Company will provide the refund using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to a different method.
In any case, the Customer will not incur any costs for this refund.
12. Cancellation of the order by the Company
The Company reserves the right to cancel any undelivered order, in part or in full, if it deems that this measure is in the interests of the reputation of its wines, without any opposition by the Customer. The price paid by the Customer will be fully refunded within fourteen (14) days at the latest, without this giving rise to any damages or compensation of any nature.
The Company is liable for any non-conformity of wines under the conditions set out in articles L. 217-4 et seq. of the French Consumer Code and for any latent defects in wines under the conditions set out in articles 1641 et seq. of the French Civil Code.
Under the legal warranty of conformity, set out in the French Consumer Code for apparently defective or damaged goods, and goods that do not correspond to the order, the Customer has two (2) years from delivery of the wines to take action. If the non-conformity is identified, the Customer can choose for the wines to be replaced or refunded. The Customer will also be able to terminate the contract or request a discount on the sales price, if the defect is serious and a solution is not found within one month of the request, or where other methods are not possible. The Customer will not incur any costs related to replacements or refunds made in application of the present article. Return shipping costs will be refunded upon receipt of proof of these. For goods purchased after 27 July 2020, any non-conformity appearing within two (2) years of delivery will have been presumed to have existed before delivery and the Customer will not therefore need to prove that the defect existed when the product was delivered.
The Customer may also choose to invoke the warranty against hidden defects of wines according to article 1641 of the French Civil Code. In this event, if the latent defect is recognized, they may choose between cancelling the sale or a discount on the sales price, in accordance with article 1644 of the French Civil Code. Actions related to hidden defects must be taken by the Customer no later than two (2) years after discovering the defect.
EARL JC et CH PICHOT takes every possible precaution to ensure the confidentiality and security of data transmitted online. To this end, the Website uses an SSL (Secure Socket Layer) secure payment module.
15. Personal data and cookies
16. Intellectual property
All elements on the Company Website, whether visual or audio, including the underlying technology, are protected by intellectual property rights, including copyrights and trademark rights. They are the exclusive property of the Company unless otherwise stated on the Website. Users with their own personal website who wish to use hypertext links to the Website on their site for their own personal use must request prior written consent from the Company. In all cases, any unauthorized link must be removed at the Company’s request, subject to damages and interest.
Digital records kept on the Company’s information system in reasonably secure conditions are considered proof of communications, orders and payments made between the parties. It is expressly agreed that, except for a clear error on behalf of the Company, the data stored in the Company’s information system has evidential value for orders placed by the Customer.
Data in digital or electronic format constitutes valid proof and as such is admissible in the same conditions and with the same probative value as any established, received or stored written document. Orders and invoices are archived in a reliable and lasting manner to provide a true and lasting copy.
In accordance with article 1127-2 of the French Civil Code, the Company sends Customers a confirmation email after their order has been confirmed. The Customer may also access their approved orders and invoices by emailing firstname.lastname@example.org. The Company undertakes to send the requested contractual documents as soon as possible.
18. General provisions
18.1 If any of the stipulations in the present general terms and conditions of sale proves invalid with regard to the rule of law in force or a definitive legal ruling, it shall be deemed unwritten, with this neither rendering the contract between the parties void, nor affecting the validity of the other stipulations in the general terms and conditions of sale.
18.2. The temporary or permanent non-application of one or more clauses in the general terms and conditions of sale by the Company shall not be deemed a waiver of the other clauses in the general terms and conditions of sale, which will continue to have effect.
18.3. The addresses of the parties are those stated on the order for the Customer and the address shown on the Website for the Company.
19. Applicable law — Disputes
19.1. The general terms and conditions of sale and any sale made between the Company and its Customers are governed by French law.
19.2. In the event of disputes, we recommended you first contact the customer service team of the domain-pichot.com Shop by phone, email or post.
EARL JC et CH PICHOT
70 rue de la vallée de Nouys – 37210 Vouvray -FRANCE
Tel.: 00 33 (0)2 47 52 62 55
Customers may also refer to the Online Dispute Resolution platform available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
All complaints of any nature must be made in writing to the Company at the following address: Domaine PICHOT, 70 rue de la vallée de NOUYS, 37210 Vouvray.