SARL HEXAVINS,
314, rue de la Forge 46140 PARNAC
+33 5 65 30 73 05

contact@chateaulacaminade.fr
Siren: 978 294 296
VAT FR72978294296

Webmaster: lacaminade@proton.me

It is stated that:
The sale of wine is prohibited to minors.

These General Terms and Conditions of Sale apply to all orders placed directly with SARL HEXA VINS, on-site, by phone or email, billable and deliverable in France.

The Customer acknowledges having read these General Terms and Conditions of Sale and accepts their terms.

For export, the General Terms and Conditions of Sale are governed by Incoterms 2020.

It has therefore been agreed and settled as follows:

Definitions

For a proper understanding of these terms, the Parties agree on the following definitions:

"Seller": refers to SARL HEXA VINS wishing to offer its wines for sale.

"Buyer": refers to an adult individual acting as a consumer, who has placed an order to purchase Products (see "Product" definition below).

"Product": refers to the Winery's wine product offered for sale in the form of a bottle of wine. Multiple bottles of wine will be referred to as "the Products".

"Product Sheet": refers to the presentation of the essential characteristics, including the price, of a Product offered for sale by a Seller.

Article 1. Purpose – Scope – Adherence

By placing an order, Buyers accept the GTC as well as regular updates by the domain. The GTC apply to all direct sales of Products made by telephone or email to the Seller and are intended to govern the relationship between the seller and the Buyers. The GTC are subject to change at any time; the applicable GTC are those in force on the day the Buyer places the order.

Article 2. Product Sheet

The Products are presented through a Technical Sheet and a price catalog with a description enabling the Buyer to know their essential characteristics and their Price.

Information relating to offers has been communicated by the Seller, who is solely responsible for the content of the description provided, its completeness, and the conformity of the Product offered to the description.

Photos and visuals of the Products are provided for illustrative purposes and are not contractual.

Article 3. Conclusion of the contract

3.1 Ordering process

a. Buyers can order the Products offered by the Seller while stocks last.

b. An order confirmation letter (postal or electronic) is then sent to the Buyer (this letter includes all the information required by article L. 121-19 of the Consumer Code).

However, the sales contract is subject to the resolutory condition that the Product is available (see article 3.2 below).

3.2 Availability of the Product(s) – Resolutory condition

In the event that the same Product is ordered by several Buyers at once and this Product is no longer available in sufficient quantity to satisfy all orders, it will be sold according to the chronological order of orders placed by Buyers on a "first come, first served" basis. The order will then be cancelled for other Buyers. They may be offered a substitute for the product(s) concerned, and a new proforma will be issued.

In case of unavailability of the Product(s) after the Buyer's order has been placed or in the absence of a response from the Seller regarding the availability of the Product(s) within forty-eight (48) working hours, the Buyer will be notified by email sent by the Seller. The Buyer will then be offered a similar Product or may cancel their order. However, only the contract concerning the sale of the unavailable Product(s) is subject to this termination.

It is recalled that only the Seller controls the availability of the Product. The sales contract is deemed concluded at that moment.

Article 4. Price and payment terms

4.1. Sale Price

a. The Price is indicated in euros, all taxes included, excluding delivery costs.

Delivery costs, if any, are communicated to the Buyer before the Buyer validates the order.

4.2. Payment terms

a. Payment of the Price of the Product(s) and delivery costs is made at the time of order.

Payment of the Price is made by credit card on a secure online system, by check or bank transfer.

In the event of non-receipt of payment by the seller within fifteen (15) days from the order date, and if the requested delivery date is less than 30 days from the current date, the sales contract is automatically terminated (see article 3.1.b). Each of the parties is therefore released from its obligations. The Seller will nevertheless contact the Buyer to inform them.

The Buyer will therefore provide accurate, complete, and non-fraudulent data when paying for the order. The Buyer declares and guarantees that they are fully capable and authorized to use the payment method and that they have sufficient funds, in the bank account associated with the payment method used, for the payment of their order.

b. In case of payment on delivery, any amount including tax not paid by the due date will result in the buyer paying penalties set at three times the legal interest rate. These penalties are due automatically and will be automatically debited from the buyer's account. In case of late payment, the buyer will owe a lump sum indemnity for recovery costs, amounting to 40 euros, automatically and without prior notification. The Seller may request additional compensation from the buyer if the actual recovery costs incurred exceed this amount, upon presentation of supporting documents.

Article 5. Retention of title

In application of law no. 67563 of July 13, 1967, amended and supplemented by law no. 80335 of May 12, 1980, articles 59-65-66, the Products remain the exclusive property of the seller until full payment of the Price, in principal and interest, even if the Products have already been resold.

Article 6. Shipping and delivery

6.1. Delivery of the Product(s) is currently available in mainland France.

6.2. Delivery costs are charged to the Buyer at the rate in force when the order is placed.

6.3. As soon as payment, according to the defined terms, is credited to the Seller's account and the Seller has validated the availability of the Product(s) and packaged them, the Product(s) are handed over to the Carrier within forty-eight (48) working hours. The Seller will use packaging suitable for the delivery of its Product.

The Seller will ensure that the information communicated to the Carrier is correct and allows for a quick delivery of the order to the Buyer.

6.4. Delivery times are given as an indication only and are not contractual, as the delivery date depends on the Buyer's availability to receive their order from the Carrier.

The indicated times correspond to the processing, preparation, and shipping times for orders, as well as the delivery time of the Transport Service Provider. They run from the validation of the order.

6.5. The Products are delivered to the delivery address indicated by the Buyer when ordering. If the Buyer is not available when the order is presented by the carrier, the latter will ask the Seller for instructions, who will contact the Buyer. Without additional information from the Buyer, the carrier will return the order to the Seller fifteen days after shipment.

In the event of an incomplete or erroneous delivery address or failure to collect the package, forcing the Carrier to return the ordered Product(s), all additional costs incurred by this failure or error will be borne entirely by the Buyer. The re-shipment of the order will only occur after the Buyer has paid the re-shipping costs.

6.6. The Products travel at the expense and risk of the Seller.

The Products are delivered according to the general terms and conditions of delivery of the Carrier. Under no circumstances can an incident occurring during transport be attributed to the Seller. The Seller will ensure the Buyer's reimbursement depending on the circumstances.

6.7. The verification of the package and Product condition is effective as soon as the Carrier's delivery note has been signed by the Buyer.

Any damage, non-conformity, or shortage upon delivery must be notified by the Buyer to the Carrier in the form of a detailed and dated written statement accompanied by the Buyer's signature on the delivery note or transport document.

If the Buyer refuses the package due to an anomaly or non-conformity, they must indicate this on the Carrier's waybill.

6.8. For consumer buyers: In the context of a purchase made from a Seller, in the event of damage, the Buyer has a period of fourteen (14) days after delivery to make reservations to the Sender and the Recipient, according to French legislation, and releases the Carrier from all liability beyond this date (in accordance with Article 31 of the Montreal Convention).

Article 7. Right of withdrawal

This article concerns only Consumer Buyers

7.1. In accordance with the legal provisions in force, for a distance purchase made from a Seller, the Buyer has a period of fourteen (14) days from the receipt of the ordered Product(s) to exercise their right of withdrawal with said Seller, without having to provide reasons or pay a penalty.

The Buyer exercises their right of withdrawal directly with the seller by sending a letter or email indicating the references of the Product(s) for which they are exercising their right of withdrawal.

7.2. In the event of exercising the right of withdrawal within the aforementioned period, only the Price of the Product(s) purchased and for which the right of withdrawal is exercised by the Buyer will be reimbursed by the Seller. If the products have already been shipped, the return costs remain the responsibility of the Buyer.

In the event of a refund request by the Buyer, the Seller will credit the buyer's bank account within a maximum of thirty (30) days following the date on which the right of withdrawal was exercised.

7.3. The order must be returned in perfect condition to the Seller, in its original packaging or in suitable packaging and in a condition suitable for the re-marketing of the Product(s) (unopened bottles, undamaged corks and labels, etc.), accompanied by the invoice, then shipped under conditions similar to those of its dispatch.

The Buyer has five (5) working days from the moment they declare their withdrawal to return the package(s). Return shipping costs are the responsibility of the Buyer. It is up to the Buyer returning Product(s) to keep proof of reshipment of the Products by them. This proof will be either by presenting a registered mail receipt, or by presenting a document provided by a Carrier to whom the shipment of the returned Product was entrusted.

Article 8. Complaints

8.1. In general, the Seller undertakes to provide a quality service to Buyers.

As such, any Buyer may notify the Seller, by sending a letter or email to the address indicated in the Definitions article, within seven (7) days of receiving any order, of any complaint concerning the ordered Products, according to the following criteria:

• Product not received: the Product has not been received by the Buyer.
• Non-conforming product: the Product received does not correspond to the ordered Product.
• Damaged product: the Product received is damaged or broken.

8.2. In the event of a Buyer's complaint concerning a Product, the Seller must then implement all means at its disposal to manage the incidents mentioned above. Disputes are therefore settled between the Buyer and the Seller, who will make their best efforts to resolve disputes amicably.

8.3. The Buyer will be responsible for organizing the return of the Products to the Seller. The Seller will cover these costs if their liability is engaged.

Article 9. Personal Data and GDPR

When placing their order, the Buyer agrees to provide the required information and personal data (hereinafter referred to as "Data") and certifies the accuracy of the latter.

The Data communicated by the Buyer as part of an order (for consumer buyers: surname, first name, date of birth, postal address, telephone, email, etc.; for professional buyers: company name, SIRET number, billing address, delivery address, telephone, email, name and first name of the contact person) are intended for the Seller and are used for the processing and monitoring of orders, customer relations, as well as to satisfy legal and regulatory obligations.

The Seller will ensure the security of the Buyers' Data that it stores in a computerized file for the purposes of order fulfillment and monitoring, as well as commercial relations and resulting communication operations. The collected Data is transmitted only to the following recipients: SARL HEXA VINS personnel and transport companies. The Buyer has a right of access, modification, deletion and rectification relating to their personal data by sending an email or by post.
To exercise these rights or for any question about the processing of your data in this system, you can contact the service responsible for exercising these rights: SARL HEXA VINS, 314 rue de la Forge 46140 PARNAC, 05 65 30 73 05, contact@chateaulacaminade.fr

If you believe, after contacting us, that your "Data Protection and Liberties" rights are not respected, you can file a complaint with the CNIL.

Article 10. Relationship with Buyers

For any information or questions regarding the tracking of your orders, you can contact the seller:

contact@chateaulacaminade.fr

Article 11. Guarantees

In accordance with the legal provisions in force regarding product conformity or hidden defects, defective products or those not corresponding to the order will be refunded.

The Buyer has a period of seven (7) days to inform the Seller of a visible defect on one or more Products, and a period of thirty (30) days to inform the Seller of a non-visible defect. In the case of a visible defect, the Buyer may send the Seller a photo of the Product(s) concerned. In the case of a non-visible defect, the Seller may ask the Buyer to make the Product(s) concerned available to the Seller for analysis.

Article 12. Sale of alcoholic beverages – Minors – Legal capacity

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited.

All products are therefore reserved for adults aged eighteen (18) and over, who have legal capacity.

By placing an order, the Buyer declares and guarantees to be of legal age and to have full legal capacity to enter into a sales contract with the Domain.

It is also recalled that alcohol abuse is dangerous for health and that alcohol should be consumed in moderation. For information adapted to the health of each internet user, the seller advises them to consult their doctor.

Article 13. General Provisions

13.1. The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments made under the GTC.

13.2. Customer account deletion:

The Buyer may at any time request to delete their personal data by simply sending an email with acknowledgement of receipt or a registered letter. The seller and the buyer will then have fifteen (15) working days to fulfill their respective commitments, particularly for the seller to fulfill its orders with the same attention as before, and for the Buyer to remain liable for any due amount. The Domain undertakes to delete the customer account as well as all associated information and data.

13.3. Invalidity of a clause

Any clause of the GTC that is declared null and void pursuant to a law, regulation, or final decision of a competent court shall be without effect, but its nullity shall not affect the other stipulations or the validity of the GTC. As far as possible, if a clause/sub-clause or part of a clause/sub-clause can be separated from the rest of the clause to make the remaining part valid, the clause shall be construed accordingly. Otherwise, the Buyer agrees that the clause in question shall be rectified and interpreted in such a way as to approximate the original meaning of the clause, in accordance with the law.

13.4. Disputes and Applicable Law

The GTC are governed by French law. Any related dispute that cannot initially be resolved amicably will be submitted to the competent French courts. For SARL HEXA VINS, the competent court is the Commercial Court of Cahors.