Terms and conditions of sale

I. SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE

The General Terms and Conditions set out herein are applicable to the sale of products by LE DOMAINE DE LA SOLITUDE on its website and by telephone. They are automatically made available to the buyer on the home page of the website www. domainedelasolitude.com.
By clicking on “General Terms and Conditions of Sale” (hereinafter referred to as G.T.C.), the purchaser will be informed of the terms and conditions of his/her order, even before he/she has begun the ordering process.
Consequently, the act of placing an order implies the buyer’s full and unreserved acceptance of these G.S.C., to the exclusion of all other documents such as prospectuses, catalogs or e-mailings issued by the seller, which are for information purposes only.
The fact that the seller does not avail itself at a given time of any of the provisions hereof may not be interpreted as a waiver of its right to avail itself at a later date of any of the said conditions.

II. REGISTRATION – OPENING AN ACCOUNT – PLACING ORDERS

To place an order, the Buyer must first register with the Vendor in accordance with the following terms and conditions:

2.1 The Buyer sends the Vendor a registration request in order to open a Customer Account. This request is made using the registration form provided for this purpose on the Internet Site.
The information provided by the Buyer must be accurate and complete, and updated as soon as possible in the event of modifications.

2.2 At the time of registration, the Buyer will be given an ID (an ID and a password will be sent to him/her by e-mail). The Buyer may only place orders using these Identifiers.
The Identifiers allocated to the Buyer are strictly personal and confidential. The Buyer is prohibited from disclosing them to a third party or from transferring them.
Where applicable, it is the responsibility of the Buyer to immediately inform the Vendor in writing of any use of his/her Identifier and Password made without his/her knowledge, so that the Vendor may proceed to deactivate the Identifiers concerned.

2.3 At the end of the registration procedure, the Vendor will immediately send a message to the Buyer confirming the opening of his/her Customer Account and reminding him/her of the Identifiers allocated.

2.4 Once registered, the Buyer may place an order with the Vendor using his/her Identifier and Password.
The Vendor reserves the right to refuse any order placed by the Buyer:
– In case of orders exceeding, by their content or frequency, the needs of a non-professional, and more generally in case of abnormal demand or bad faith on the part of the Buyer.
– In the event of information from the banking institution in charge of managing the payment of the order, indicating the impossibility of implementing the Buyer’s means of payment.
– And, more generally, in the event of a legitimate reason as provided for in article L-122-1 of the French Consumer Code.
In this case, the Vendor will inform the Buyer by e-mail.

III. OFFERS

Our offers are exclusively reserved for private customers, to the exclusion of professional resellers, and delivered within the territory of metropolitan France.

Our offers are valid subject to typographical or display errors, and while stocks last.

Orders are confirmed by invoice, but are not final until full payment has been received.

Indications concerning the availability of products are provided by the Vendor to the Buyer when the Buyer places the order, but if a product is found to be unavailable after the Buyer has validated the order, the Vendor will inform the Buyer by e-mail as soon as it becomes aware of this.

In such circumstances, and if the Vendor so proposes, the Buyer may opt for the supply of a product of equivalent quality and price. In this case, the costs of returning the product of equivalent quality and price following the exercise of the right of withdrawal shall be borne by the Vendor.

IV. MINIMUM QUANTITY

The number of bottles ordered must be at least 6, and in all cases a multiple of 6. Packaging is in cartons of 6 bottles. For special packaging, please contact us directly at the estate.
A degressive rate is granted for orders of 36 bottles or more, with a possible mix in multiples of 6 bottles. This special condition is clearly indicated on the site for each of the references concerned.

V. DELIVERY METHOD AND TIMES

1. General terms and conditions

Deliveries are only made in mainland France, by carrier, to the address indicated by the customer at the time of ordering.

The average delivery time is 10 days from receipt of payment or bank authorization (online payment by credit card).

In any case, delivery must take place within a maximum of 30 days from the date of transmission of the order. If this deadline is not met, the Buyer may request cancellation of the order in accordance with the provisions of article L 121-20-3 of the French Consumer Code, which refers to article L114-1 of the same code, which states: “The consumer may cancel the contract for the sale of a movable good or the provision of a service by registered letter with acknowledgement of receipt if the delivery date of the good or the performance of the service is exceeded by more than seven days and is not due to force majeure. Where applicable, the contract is deemed to be terminated on receipt by the seller or service provider of the letter informing the consumer of his decision, if delivery has not taken place or the service has not been performed between the sending and receipt of this letter. The consumer shall exercise this right within sixty working days from the date indicated for delivery of the goods or performance of the service.”

If necessary, the Vendor will reimburse the Buyer as soon as possible, and at the latest within 30 days of the date on which this right was exercised. Beyond this period, the sum due will automatically bear interest at the legal rate in force. On the Seller’s proposal, the Buyer may, however, opt for an exchange.

2. Futures orders

Once the wines reserved as en primeur have been released by DOMAINE DE LA SOLITUDE, which is solely responsible for the maturing of its wines and the decision to make them available, i.e. 1 to 2 years after the order, we will notify you by e-mail or post (provided you have given us your most recent contact details) of their availability. You will then have a maximum of one month to give us your precise delivery instructions. Once this period has elapsed, the sale will be automatically cancelled and DOMAINE DE LA SOLITUDE will regain free disposal of the wines. Your customer account will then be credited with payment for your order, less 10% of the initial amount as compensation for costs incurred, and this sum will be held at your disposal for a period of five years.

VI. PRICES AND PAYMENT

All prices are quoted in Euros (€) inclusive of VAT (19.60%), carriage paid. All bank payments must be made in Euros (€). A detailed invoice will be mailed with the delivery of your parcel.

The price of the items ordered is payable in full to DOMAINE DE LA SOLITUDE as soon as your order form is issued on the site, by secure payment by credit card (CB, VISA, EUROCARD, MASTERCARD). We have set up a secure credit card payment procedure on the Internet, based on information encryption technology, the benchmark for secure payment. When you pay, you enter your credit card number and expiry date, which are immediately encrypted on your computer before being sent over the Internet. This means that no confidential information circulates on the network without first being encrypted.

VII. TRANSPORT AND LIABILITY

Goods are transported at your expense and risk. It is therefore your responsibility to check the contents of the package at the time of delivery, and to express any reservations you may have on the delivery slip provided by the carrier, and in all cases, by notifying the company DOMAINE DE LA SOLITUDE by registered letter with acknowledgement of receipt addressed to the property: 10, route de la Solitude 33 650 MARTILLAC, within three (3) days of receipt of the package.

In the event of breakage or damage during the preparation of the order or delivery, which will have been the subject of the above reservations, DOMAINE DE LA SOLITUDE will do what is necessary to re-deliver to you, or otherwise reimburse you for the damaged products.

VIII. PRODUCT RETURN

In accordance with the provisions of article L121-20 of the French Consumer Code, the Buyer has the right to cancel his order within 7 clear days of receipt of the products ordered. When the 7-day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.

In accordance with the provisions of article L 121-20-2 of the French Consumer Code, it should be noted that the right of withdrawal cannot be exercised in the case of the supply of goods made to the Buyer’s specifications or clearly personalized or which, due to their nature, cannot be reshipped. Furthermore, the right of withdrawal may not be exercised if the returned product is unfit for sale.
To exercise the right of withdrawal, the Buyer must return the product(s) concerned to the Vendor within the aforementioned period and request reimbursement.
If the right of withdrawal is exercised, the Vendor will reimburse the Purchaser as soon as possible, and at the latest within 30 days of the date on which this right was exercised. Beyond this period, the sum due will automatically bear interest at the current legal rate.
The Vendor will reimburse all sums paid by the Buyer (including initial shipping costs), with the exception of return shipping costs, which will be borne by the Buyer. This refund will be made by any means. On the Vendor’s proposal, the Buyer may opt for another method of reimbursement.

In the case of “primeur” wines, you have seven clear days from receipt of your pro-forma invoice to request modification or cancellation of your order and reimbursement. After this period, your order will be considered final.

DOMAINE DE LA SOLITUDE will only bear the cost of return delivery (at the current basic rate) if the delivery does not conform to your order, or if you have made reservations with the carrier (see article VII). In this case, please contact our sales department to select a carrier.

IX. RETENTION OF TITLE

Until full payment has been received, DOMAINE DE LA SOLITUDE retains ownership of the goods sold. Full payment shall constitute transfer of ownership, but the purchaser shall become responsible for the goods upon delivery, and transfer of possession shall constitute transfer of risk.

X. TERMINATION OF CONTRACT

In the event of non-payment by the customer on the agreed due date and one month after formal notice has been given, the sale will be automatically cancelled at the seller’s discretion, with the return of any advance payments made by the purchaser, and the possibility for the seller to request the return of any products already delivered, without prejudice to other damages. In the event of collection by means of litigation, this will give rise to a fixed indemnity amounting to 15% of the amount of the order.

XI. DATA CONFIDENTIALITY

11-1. Right of access and rectification

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access and rectify your personal data.
In order to meet your needs and provide you with the best possible remote service, we may record certain information about you (surname, first name, address).
You may receive, through DOMAINE DE LA SOLITUDE, offers from other companies or organizations, or be informed of offers from DOMAINE DE LA SOLITUDE or DOMAINE DE CHEVALIER by telephone, mail or e-mail.
If you do not wish to receive such information, simply write to our sales department, stating your full name and address, to request that the information concerning you be modified:
DOMAINE DE LA SOLITUDE
10 Route de la Solitude
33 650 MARTILLAC
Mail: olivierbernard@domainedelasolitude.com

11-2. Bank details

In addition, all banking information that you communicate to us during an online purchase is neither stored nor visible on the Internet. No one can intercept the information you send us. DOMAINE DE LA SOLITUDE’s SSL security system guarantees the confidentiality of your data.

Information relating to your order is subject to automated data processing, for which PAYBOX S.A. is responsible. The purpose of this automated data processing is to define a transaction analysis level and to combat credit card fraud.

PAYBOX and the merchant from whom you make your purchase are the recipients of the data relating to your order. The non-transmission of data relating to your order prevents the completion and analysis of your transaction.

The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the details relating to your order associated with this unpaid order, within a payment incident file implemented by PAYBOX. An irregular declaration or anomaly may also be subject to specific processing.

In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to all your personal data at any time. To do so, please write to PAYBOX – Service Informatique et Libertés – Traitements n°773061 et n°1080905 – 22 rue Drouot, 75009 PARIS.

XII. APPLICABLE LAW AND JURISDICTION

In the event of difficulties in the application of these terms and conditions of sale, we invite you to seek an amicable solution by contacting our sales department:

DOMAINE DE LA SOLITUDE
10 Route de la Solitude
33 650 MARTILLAC
Monday to Friday: 8.30 a.m. to 12.30 p.m.
Phone: 05 56 72 74 74
Fax: 05 56 72 52 00
Mail: olivierbernard@domainedelasolitude.com

Should negotiations fail, any dispute arising in connection with the performance or interpretation of this contract shall be brought before the court of the defendant’s domicile or place of delivery. This contract is subject to French law.

XIII. PROOF AND ARCHIVING

By express agreement between the parties, e-mails will be considered as proof between the parties, as will the data recorded by the automatic registration systems used on the website, particularly as regards the purpose and date of the order.

XIV. PROTECTION OF MINORS

In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, you undertake, by consulting the site and completing the order form, to have reached the age of eighteen (18) by the date of the order by ticking the appropriate box.

XV. ALCOHOL ABUSE

Alcohol abuse is dangerous to your health. Please consume and enjoy in moderation.