TERMS AND CONDITIONS

1. Application of the General Terms and Conditions of Sale

1.1 These general conditions of sale (the “GCS”) apply to the sale of products (the “Products”) by the Château des Ravatys, domaine de l’Institut Pasteur, located at Les Ravatys -69220 Saint Lager (the “Seller”), to any customer (the “Customer”), on the website www.chateaudesravatys.com (the “Website”) and on the territory (the “Territory”).

1.2 The fact that any Customer orders one or more Products from the Seller implies full and complete acceptance of these GTC. These GTC constitute, in accordance with the law, the basis of the commercial negotiation and consequently prevail over any contrary provision that may be issued by the Customer.

2. Definitions

2.1 For the purpose of the application and interpretation of these GTC, the following words and expressions shall have the corresponding definitions:

“Customer”:
(V1. for consumers:)Any natural person, end user of the Products, acting for his own personal needs and acquiring Products from the Seller on the Website. (V2. for professionals:)Any natural person or legal entity acting for professional purposes and acquiring Products from the Seller on the Web Site with a view to their use for professional purposes or their resale.
“Order”: The act of the Customer clicking on the “Confirm my order” icon, after accepting these GTC, under the conditions defined in article 3.
“Contract”: The Customer’s Order and these GTC, together with any special conditions agreed with the Seller.
“Intellectual Property Rights”: any rights belonging to the Seller, patents, trademarks, registered or unregistered designs, logos, photographs, trade names, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property rights protected in one or more countries. “Party”: the Customer, on the one hand, and the Seller, on the other hand, together the “Parties”. “Products”: the bottles of wine manufactured and marketed by the Seller, as offered for sale on the Website.
“Website”: the website www.chateaudesravatys.com.
“Territory”: Metropolitan France and Corsica.
“Seller”: the company Domaine de l’Institut Pasteur, specialising in the manufacture and marketing of the Products defined above

3. Orders

2.1 For the purpose of the application and interpretation of these GTC, the following words and expressions shall have the corresponding definitions:

“Customer”:
(V1. for consumers:)Any natural person, end user of the Products, acting for his own personal needs and acquiring Products from the Seller on the Website. (V2. for professionals:)Any natural person or legal entity acting for professional purposes and acquiring Products from the Seller on the Web Site with a view to their use for professional purposes or their resale.
“Order”: The act of the Customer clicking on the “Confirm my order” icon, after accepting these GTC, under the conditions defined in article 3.
“Contract”: The Customer’s Order and these GTC, together with any special conditions agreed with the Seller.
“Intellectual Property Rights”: any rights belonging to the Seller, patents, trademarks, registered or unregistered designs, logos, photographs, trade names, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property rights protected in one or more countries. “Party”: the Customer, on the one hand, and the Seller, on the other hand, together the “Parties”. “Products”: the bottles of wine manufactured and marketed by the Seller, as offered for sale on the Website.
“Website”: the website www.chateaudesravatys.com.
“Territory”: Metropolitan France and Corsica.
“Seller”: the company Domaine de l’Institut Pasteur, specialising in the manufacture and marketing of the Products defined above.

4. Delivery

4.1 The Seller shall use its best efforts to comply with the contractual delivery times.

4.2 Products shall be delivered, depending on their destination, within a maximum of five (5) to eight (8) working days from the date of the Product Order, unless otherwise specified to the Customer prior to validation of the Order. In this case, the Seller shall provide the Customer with an estimated delivery date range.

4.3 The Product(s) ordered shall be delivered to the delivery address indicated by the Customer in his/her Order. The Seller shall deliver to Metropolitan France. For deliveries to Corsica, the USA and Canada, please contact us.

4.4 The cost of delivery according to the quantity of Products ordered is as follows (valid until 01/02/2011):



 France métropolitaineCorse
Up to 24 bottles of 75cl29,00€80,00€
Between 25 and 48 bottles of 75cl40,00€125,00€
Between 49 and 96 bottles of 75cl60,00€150,00€
More than 96 bottles of 75clfree of charge consult us

 

4.5 For the calculation of the number of bottles included in the delivery, it is specified that a magnum (1.5 litre) will be considered as equivalent to two bottles.

4.6 Delivery is made by carrier. If the goods are not delivered to the address indicated by the Customer within ten (10) working days after the estimated delivery date indicated by the Seller, the Customer may cancel the Order on the Web Site. However, such cancellation shall not be possible if the Seller is prevented from doing so by a case of force majeure, as defined in article 12 of the General Terms and Conditions of Sale, and shall have informed the Customer as soon as possible.

4.7 Within ten (10) working days following the Customer’s request for cancellation, the Seller shall make a request to its bank for a refund of the total Order to the Customer.

4.8 In order to monitor their order, Customers may contact the consumer service by email at contact@chateaudesravatys.com or by telephone on + 33 (0) 4.74.66.80.35

4.9 Each delivery is accompanied by a delivery note attached to the package listing the Products contained therein.

5. Price

5.1 The price applicable to the sale is the one in force on the day of the Order, as indicated on the Web Site before the Order is validated by the Customer.

5.2 The price shall include all taxes. Shipping costs shall also be indicated to the Customer prior to acceptance of the GTC and validation of the Order

6. Terms of payment

6.1 The Customer shall pay for the Order by credit card at the time of validation of the Order. The payment cards accepted are CB, Visa and Master Card. The Customer’s account shall be debited immediately upon acceptance of these GTC and validation of the Order, when the confirmation e-mail is sent.

6.2 The Customer warrants that he/she has the necessary rights to use his/her payment card and that he/she is fully entitled to use it to pay for the Order. The Customer also warrants that such card provides access to sufficient funds to cover the amount of the Order. If the Customer fails to do so, the Seller reserves the right to cancel the sale under the conditions set out in Article 11.

6.3 For its part, the Seller uses a secure SSL-type payment method. Consequently, the Seller shall not be held responsible for any fraudulent or misappropriate use of payment methods, which are beyond its control.

7. Conformity of the Products

7.1 Upon each delivery of Products, the Customer shall immediately check the conformity of the delivery received with the Order placed. This check shall be carried out on the basis of the following criteria, unless otherwise agreed in writing: compliance with the place and method of delivery, compliance with the nature and quantity of the Products delivered in relation to the quantity accepted and recognised by the carrier at the time of loading, and the condition of the packaging boxes.

7.2 If necessary, the Customer shall formulate his reservations, clearly and precisely, on the carrier’s delivery slip, and then on the delivery slip in accordance with Articles L.133-3 et seq. of the French Commercial Code. The Customer shall simultaneously send a copy of the letter to the Seller by registered letter with acknowledgement of receipt.

7.3 In the event that the Product delivered to the Customer does not conform to the Order, it shall be returned to the Seller, at the latter’s expense, after having been the subject of reservations under the conditions described in 7.2 above.

7.4 The Customer may ask the Seller :
– either to be delivered a Product that conforms to the one ordered (within the limits of available stocks);
– or to be delivered a Product of equivalent quality and price (within the limits of available stocks);
– or to be reimbursed for the price of the Product within thirty (30) days of his request.

7.5 In the event of non-conformity, the costs of returning the Product ordered and delivered to the Customer, as well as the possible delivery of another Product, shall be borne by the Seller.

For the good information of the consumer Customer, the applicable articles of the Consumer Code are quoted below:

– Article L211-4 of the French Consumer Code: “The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
– Article L211-5 of the Consumer Code: “To be in conformity with the contract, the goods must
1º Be fit for the use usually expected of similar goods and, where applicable :
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– have the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
– Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods”.

8. Right of return for Customers (Article 8 specific to the Consumer GTC)

2.1 For the purpose of the application and interpretation of these GTC, the following words and expressions shall have the corresponding definitions:

“Customer”:
(V1. for consumers:)Any natural person, end user of the Products, acting for his own personal needs and acquiring Products from the Seller on the Website. (V2. for professionals:)Any natural person or legal entity acting for professional purposes and acquiring Products from the Seller on the Web Site with a view to their use for professional purposes or their resale.
“Order”: The act of the Customer clicking on the “Confirm my order” icon, after accepting these GTC, under the conditions defined in article 3.
“Contract”: The Customer’s Order and these GTC, together with any special conditions agreed with the Seller.
“Intellectual Property Rights”: any rights belonging to the Seller, patents, trademarks, registered or unregistered designs, logos, photographs, trade names, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property rights protected in one or more countries. “Party”: the Customer, on the one hand, and the Seller, on the other hand, together the “Parties”. “Products”: the bottles of wine manufactured and marketed by the Seller, as offered for sale on the Website.
“Website”: the website www.chateaudesravatys.com.
“Territory”: Metropolitan France and Corsica.
“Seller”: the company Domaine de l’Institut Pasteur, specialising in the manufacture and marketing of the Products defined above.

9. Retention of title clause

9.1 The Products sold shall remain the full and complete property of the Seller until full payment of the price and related costs by the Customer and effective collection by the Seller of the sums due under the Contract. They shall remain in the custody of the Customer until full payment has been made, and the Customer shall bear the risks thereof.

9.2 The implementation of this retention of title clause shall have no effect whatsoever on the transfer of risks to the Customer, which shall take place upon receipt of the Products by the latter.

10. Guarantees

10.1 The Products are manufactured in accordance with the rules of art, prudence and the practices of the profession, in order to ensure the safety and quality of the Products.

10.2 The Seller guarantees that the Products are as safe as can legitimately be expected, provided that the Products are used by the Customer under normal conditions or conditions reasonably foreseeable by the Seller. It is reminded in this respect that the abuse of alcohol is dangerous to health and that its consumption must remain moderate.

10.3 The Seller shall not be held liable for :

o damage caused to the Customer by excessive consumption and/or misuse of the Products (other than that mentioned above), or by his fault or negligence;
o damage caused by the Customer through excessive consumption of the Products
o indirect damage that may arise from the purchase of one of the Products on the Website;
o non-performance by the Seller in the event of force majeure

10.4 The Seller does not grant any particular guarantee and is only liable within the limits of the legal guarantees. In the event of a defect in the Products and/or their non-conformity and/or an error in delivery constituting a substantial impairment of the performance of the Contract, the Seller’s liability shall be limited to replacing, at its own expense, the Products paid for by the Customer or to reimbursing the Customer after the return of these Products, at the Customer’s discretion.

10.5 The Seller shall therefore not be liable for purchases made by persons under the age of 16 who have deliberately declared themselves to be older.

10.6 The Seller has made every effort to ensure that the information presented on the Website is accurate. To this end, the Seller has taken the necessary steps to ensure that the photographic representation of the Products on the Website is as faithful as possible to the Products themselves. However, due to the digital presentation of the Products, it is possible that the Customer’s perception of the photographic representation of the Products does not correspond exactly to the actual Product. The photos and descriptions of the Products are therefore not contractual.

(V.1 Warranty against hidden defects for consumer customers)
The Seller shall be liable for hidden defects in the goods which render them unfit for their intended purpose or which so impair that purpose that the buyer would not have purchased them or would have paid a lower price for them if he had known of them. If the consumer Customer notices a defect in the Products, the origin of which is prior to the sale, he has a period of two (2) years from the discovery of the defect.

(V.2 Guarantee of hidden defects for professional Customers)
The Customer, as a professional, has a period of two (2) months from the date of delivery to report any hidden defects in the Products to the Seller.

10.7 In this case, the Customer shall leave the disputed Products at the disposal of the Seller, who shall arrange for them to be collected at his expense with a view to analysing them himself. In any event, the Customer who claims the existence of a hidden defect must be able to demonstrate that :
o the defect was prior to the sale
o the product has been kept and stored in conditions of temperature, hygrometry and vibration in keeping with the nature of the Products
o the defect is not related to time or to the normal evolution of the Product.

10.8 In case of confirmation of the defect by the Seller, the Customer shall have the following possibilities
– either to be delivered a Product in conformity with the one ordered (within the limits of available stocks);
– be delivered a Product of equivalent quality and price (within the limits of available stocks);
– or to be reimbursed for the price of the Product within thirty (30) days of his request.

10.9 In the event of a refund, if only one (1) or two (2) bottles are concerned, the Customer will be refunded the value of the Products in the form of a credit note (gift certificate). For more than two (2) bottles, the refund will be made by bank cheque payable to the Customer.

(Mandatory information specific to consumers)
For the good information of the consumer Customer, the applicable articles of the Civil Code are quoted below:

– Article 1641 of the Civil Code: “The seller is bound by the warranty for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lesser price for it, if he had known about them.
– Article 1648 al 1er code civil: “The action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect”.

11. Termination

11.1 Failure by the Customer to comply with its obligations under the GTC, and in particular any payment incident on an Order, may result in the cancellation of the Order and the termination of the Customer’s account, without prejudice to any damages that the Seller may claim. Consequently, the Seller reserves the right to refuse any future Order from a Customer with whom such a dispute exists.

12. Force majeure

12.1 The Seller shall not be liable for failure to perform any of its obligations to the Customer if such failure is due to force majeure, such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, frost, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, export blockade, import or export prohibition, cessation of production or delivery, regulatory decision by an administrative control authority, etc.

12.2 In such a situation, the Seller shall duly inform the Customer of this impossibility and the measures taken to remedy it.

13. Intellectual Property Rights

13.1 The Parties acknowledge that the Agreement concluded between them does not entail any transfer of ownership of any kind whatsoever of the Intellectual Property Rights that each of them holds.

13.2 Unless the Parties expressly agree otherwise, the Seller’s Intellectual Property Rights may not be exploited in any way whatsoever (in particular, alteration, modification or simple use) by the Customer.

14. Use of the Website and personal information

14.1 The use of the Website does not confer any rights. All rights used or represented on the Website remain the exclusive property of the Seller and may not be reproduced, disseminated, resold, marketed or used for any purpose other than personal use by users, whether Customers or not, without the Seller’s prior written consent.

14.2 The Website is provided “as is”, accessible according to its availability and without any guarantee from the Seller. Use is at the User’s own risk. The Seller does not guarantee that (i) the Website, the contents and the Products offered will perfectly meet the User’s expectations, (ii) the Website will be uninterrupted and free of all errors, (iii) the Website will not contain any virus.

14.3 Computerised records are kept in the Seller’s computer systems under reasonable security conditions as proof of communications, orders and payments made by the Customer. Order forms and invoices are archived on a reliable and durable medium. The Seller shall take all necessary steps to ensure the confidentiality and security of data transmitted on the web and on the www.chateaudesravatys.com website.

14.4 Pursuant to the French Data Protection Act (Loi ” Informatiques et Libertés ” n°78-17 of 6 January 1978), the Customer has the right to access, modify, rectify and delete data concerning him/her at the following e-mail address: info@chateaudesravatys.com. More specifically, when placing an Order and providing personal data, the Customer is asked to give his/her permission
(i) if they wish to receive information on the Seller’s Products, and
(ii) whether he/she agrees to his/her data being exchanged with the Seller’s partners.

14.5 In the absence of the Customer’s express consent by clicking on each of the headings, the Seller undertakes not to make any such use.

15. Various

15.1 In the event that any of the terms of the General Terms and Conditions of Sale are found to be illegal or unenforceable by a court decision, the remaining provisions shall remain in force.

16. Jurisdiction

16.1 These GTC, as well as any Contract concluded in application of the GTC, are subject to French law. The contractual information is presented in the French language and the Products offered for sale comply with French law.

16.2 The courts of the Seller’s registered office shall have exclusive jurisdiction over any dispute arising from the application of these GTC.