VERY IMPORTANT
Consumption of alcoholic beverages during pregnancy can have serious health consequences for the child. The sale of alcohol to minors under the age of 18 is prohibited. Excessive alcohol consumption is dangerous to health and should be consumed in moderation.
SAS Château Plain Point manages the website accessible at www.chateauplainpoint.com, where wine and related products are offered for sale.
These General Terms and Conditions of Sale (hereinafter referred to as the “T&Cs”) form the foundation of the commercial relationship between Customers and SAS CHATEAU PLAIN POINT.
SAS CHATEAU PLAIN POINT and the Customer are hereinafter individually referred to as a “Party” and collectively as the “Parties.”
SAS CHATEAU PLAIN POINT can be contacted:
Any order placed on the Website is subject to the unconditional acceptance of these T&Cs by the Customer.
BEFORE CLICKING ON THE "I HAVE READ AND ACCEPT THE T&Cs" ICON DURING THE PURCHASE PROCESS ON THE WEBSITE, YOU MUST READ THEM CAREFULLY IN FULL. BY CLICKING ON THE "I HAVE READ AND ACCEPT THE T&Cs" ICON:
The following terms and expressions shall mean, for the purposes of the interpretation and execution of these T&Cs, when preceded by a capital letter:
These T&Cs govern the relationship between SAS CHATEAU PLAIN POINT and the Customer concerning the use of the Website and the sale of any Product through the Website. These T&Cs constitute the entire agreement between SAS CHATEAU PLAIN POINT and the Customer concerning their subject matter and supersede any prior or contemporaneous oral or written agreements.
The T&Cs are accessible on the Website and can be saved and/or printed by the Customer for their records.
The applicable T&Cs are those in effect at the time of the order. SAS CHATEAU PLAIN POINT reserves the right to amend and update its T&Cs. Therefore, it is the Customer's responsibility to review the T&Cs before accepting them during each new order.
These T&Cs take effect on the date the order is validated and the T&Cs are accepted. They remain in force for the time necessary for the supply of the Products until the expiration of guarantees and obligations owed by SAS CHATEAU PLAIN POINT.
The T&Cs are originally drafted in French, and this version is the only legally binding one, taking precedence over any translations.
If any provision of the T&Cs is invalidated due to legal rules, applicable laws, or a final court decision, it will be deemed unwritten without affecting the validity of the T&Cs as a whole or the remaining provisions.
The failure of either Party to invoke a breach by the other Party of any obligation stipulated in the T&Cs shall not be construed as a waiver of the obligation in question for the future.
The Website is accessible from the following devices: computer, tablet, or smartphone, provided there is internet access. Access to the Website is free. The Customer remains responsible for the cost of the communication technology used (e.g., internet or phone subscription) and the devices required to access the Website (e.g., computer, tablet, or smartphone).
To place an order, the Customer must create an account on the Website, allowing access to their "Customer Area," by completing all mandatory fields (marked with an asterisk *) on the registration form.
After registration, the Customer will receive a confirmation email summarizing the information provided to the email address they entered.
The Customer agrees to provide SAS CHATEAU PLAIN POINT with accurate information and to use the Website exclusively for personal and non-commercial purposes, in compliance with all applicable laws and regulations.
Each Product available for sale on the Website is accompanied by a description detailing its essential characteristics, in accordance with Article L. 111-1 of the French Consumer Code.
The method of use, if essential, is specified on the Website or in a document provided with the Product at the time of Delivery.
None of the Products sold on the Website are medicinal and are not marketed for curative or preventive purposes.
The photographs illustrating the Products are not contractual documents.
SAS CHATEAU PLAIN POINT endeavors to ensure that the graphical representations of Products on the Website are as accurate as possible. However, due to the digital presentation of Products, the Customer acknowledges and agrees that their perception of the Products’ representation may not exactly match the actual Product. Variations in the Customer's perception of colors or shapes between photographs and the actual Product do not engage SAS CHATEAU PLAIN POINT’s liability.
The Products comply with French regulations concerning the safety and health of individuals, fair commercial transactions, and consumer protection at the time they are placed on the market.
The price of the Products is displayed directly on the Site. The sales prices are indicated for each Product listed in the electronic catalog in euros, inclusive of all taxes, excluding Delivery and transportation fees, which are mentioned before order confirmation and billed as an additional charge. All prices are subject to obvious typographical errors.
The total amount payable by the Customer, including delivery charges, is indicated on the order confirmation page.
The applicable sales price for the Product is the one in effect on the Site on the date of the order.
The full sales price is payable upon ordering, and the order will only be validated once these Terms and Conditions have been accepted and the sales price has been paid.
Delivery charges are billed to the Customer based on the weight and dimensions of the package, the delivery location, and the chosen delivery method (Pickup at the property, DPD Relay, Predict, DPD Classic, or other carriers). The applicable Delivery charges are indicated at the time of the order and before the order is finalized.
The delivery charges indicated on the Site are expressed in euros, inclusive of all taxes.
SAS CHATEAU PLAIN POINT will send the Customer an electronic invoice after delivery. By this document, the Customer expressly agrees to receive invoices electronically.
The online sales offers presented on the Site are intended for Customers in mainland France.
The offer to sell Products is valid as long as it is visible on the Site and subject to stock availability. SAS CHATEAU PLAIN POINT reserves the right to withdraw one or more Products offered for sale on the Site at any time and/or modify any photographs or information appearing on the Site.
The Customer's acceptance of the offer is validated by confirming the order under the conditions determined below.
In accordance with Article L. 3342-1 of the Public Health Code, which prohibits the sale of alcohol to minors under the age of eighteen (18), the Customer confirms they are over 18 years old at the time of order confirmation for France or legal age in the country chosen for delivery
To place an order, the Customer must follow the Site's ordering procedure, which includes the following steps:
The order is summarized on the Website, allowing the Customer to verify the details of their order, including the price and the information provided, and to possibly modify the order before confirming it, in accordance with Article 1127-2 of the Civil Code. The validation of the order constitutes confirmation of the Customer's acceptance of the Products purchased, their price, as well as any associated delivery fees, as indicated in the order summary.
SAS CHATEAU PLAIN POINT acknowledges receipt of the order placed by the Customer via email. This email contains a payment and order confirmation, along with a summary, the corresponding invoice, and a copy of these General Terms and Conditions of Sale.
The Customer formally accepts the use of email for SAS CHATEAU PLAIN POINT to confirm the content of their order.
SAS CHATEAU PLAIN POINT reserves the right, for any new Customer, to request proof of identity and address before the final validation of their first order.
In case of unavailability of the ordered Products, the Customer will be informed of the unavailability, and they will be offered a product of equivalent quality and price, or a refund without delay, and at the latest within thirty days from the payment made.
SAS CHATEAU PLAIN POINT reserves the right to refuse any order for legitimate reasons, particularly if the quantities of Products ordered are abnormally high for buyers with consumer status.
For any information or questions regarding an order or its execution, the Customer may contact SAS CHATEAU PLAIN POINT at the following contact details:
The Products are payable in full upon confirmation of the order.
The order is considered accepted by SAS CHATEAU PLAIN POINT upon full payment of the price, including any applicable delivery fees. The transfer of ownership of the ordered Products will only take effect after this full payment. If payment is refused for any reason, the sale will be considered void.
Payment is made immediately upon ordering through the STRIPE payment platform by:
SAS CHATEAU PLAIN POINT does not have access to any data related to the Customer's payment methods.
The Customer guarantees that they have all necessary authorizations to use the chosen payment method. The Customer expressly acknowledges that providing their credit card number to SAS CHATEAU PLAIN POINT constitutes authorization to debit their account for the price of the ordered Products, as well as any associated delivery fees. If applicable, a cancellation notification for non-payment will be sent to the Customer via email at the address provided by the Customer.
10.1 Delivery Methods
Deliveries are made to the address specified by the Customer when placing the order.
Deliveries are carried out by DPD France. The customer may also choose to pick up their order at the property.
The Customer is required to check the condition of the packaging and the Products upon receiving the delivery.
It is the Customer's responsibility to issue any necessary reservations or complaints, or even to refuse the package, if the package is visibly damaged upon delivery. These reservations and complaints must be addressed to the carrier by registered letter with acknowledgment of receipt within three (3) working days, excluding holidays, from the date of delivery of the Products.
Failure to make a claim within the aforementioned period extinguishes any action against the carrier in accordance with Article L.133-3 of the French Commercial Code. Under Article L.224-65 of the French Consumer Code, when the carrier fails to allow the Customer to verify the condition of the Products, the period during which actions against the carrier are extinguished is extended to ten days.
The Customer must also send a copy of this letter to SAS CHATEAU PLAIN POINT.
The Customer must ensure that the Products delivered correspond to the order. In case of non-compliance of the Products in nature or quality with the specifications mentioned in the order, the Customer must inform SAS CHATEAU PLAIN POINT by mail at SAS CHATEAU PLAIN POINT, Château Plain Point, Plain Point, 33126 Saint-Aignan, or by email at contact@chateauplainpoint.com, and return the Products under the conditions of Article 10.3.
Failure to make a claim or issue reservations by the Customer means that the delivered Product is considered satisfactory and cannot be contested later.
However, the above provisions do not hinder the Customer's right to seek recourse against SAS CHATEAU PLAIN POINT based on the warranty of conformity, hidden defects, or strict liability (Article L.221-15 of the French Consumer Code).
10.2 Delivery Times
The delivery times are indicated on the Website for each Product, depending on the delivery location. These times are only indicative, but SAS CHATEAU PLAIN POINT will make its best efforts to meet the specified delivery times.
For deliveries in mainland France, if delivery does not occur after the expiration of a period of thirty calendar days, the Customer may request the cancellation of the sale by sending a registered letter with acknowledgment of receipt to the address SAS CHATEAU PLAIN POINT, Château Plain Point - Plain Point - 33126 Saint-Aignan, or by email to contact@chateauplainpoint.com, and receive a refund of their payment within a maximum of fourteen days from their request.
10.3 Product Compliance
If the product does not comply with the order, it is the Customer's responsibility to file a complaint with SAS CHATEAU PLAIN POINT to request a replacement of the Product or potentially the cancellation of the sale.
The Customer is solely responsible for the ordering of the Products. SAS CHATEAU PLAIN POINT cannot be held responsible if the Customer has made an error in the composition or quantity of the Product(s) during the order.
Any claim regarding apparent defects or non-compliance of the Product delivered with the information provided on the Website, as well as any damage related to transport, must be confirmed by the Customer to SAS CHATEAU PLAIN POINT within 72 hours after receipt of the Product:
Either by registered letter with acknowledgment of receipt to the address: SAS CHATEAU PLAIN POINT, Château Plain Point - Plain Point - 33126 Saint Aignan;
Or by email to: contact@chateauplainpoint.com
By reporting the defect or non-compliance of the Product, the Customer will obtain a return authorization from SAS CHATEAU PLAIN POINT, specifying the address and return instructions for the Products.
Once the authorization is obtained, the Customer will return the Products to SAS CHATEAU PLAIN POINT at the address specified in the return authorization according to the indicated return procedures.
Any return sent without SAS CHATEAU PLAIN POINT's consent will be refused and returned to the sender at their expense and risk.
To be validly returned and/or exchanged, the Products must not have been used and must be returned in their original packaging, with any accessories, user manuals, and other documentation.
10.4 Delivery Failure
A total failure to deliver will result in the automatic cancellation of the sales contract.
The Customer agrees to wait for thirty days after the notification of a sale before filing a claim with SAS CHATEAU PLAIN POINT in case of non-receipt, total or partial, of the ordered Product. A refund may require prior communication from the Customer of a sworn statement attesting to the non-receipt of the Product.
A claim for non-receipt of the Product ordered, deemed valid by SAS CHATEAU PLAIN POINT, will lead to the refund of the Customer's payment within fourteen days from the claim, unless fraud is detected.
11. RIGHT OF WITHDRAWAL
11.1. Right of Withdrawal
In accordance with Article L. 221-18 of the Consumer Code, for any order, the Customer has the right to withdraw without giving any reason, within fourteen days. The withdrawal period expires fourteen days after the day the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Products. If it is a single order for multiple Products delivered separately, the withdrawal period expires fourteen days after the day the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the last delivered Product.
11.2. Methods of Exercising the Right of Withdrawal
In accordance with Article L. 221-21 of the Consumer Code, to exercise the right of withdrawal, the Customer must notify SAS CHATEAU PLAIN POINT of their decision to withdraw from the order through an unambiguous statement via:
A registered letter sent by mail to the following address: SAS CHATEAU PLAIN POINT, Château Plain Point, Plain Point, 33126 Saint Aignan;
Or by email with acknowledgment of receipt to the following address: contact@chateauplainpoint.com
The Customer may use the model withdrawal form below, but this is not mandatory.
In this case, the form below should be copied and completed (only if the Customer wishes to withdraw from the contract):
To the attention of SAS CHATEAU PLAIN POINT (Château Plain Point - Plain Point - 33126 Saint Aignan).
I hereby notify you of my withdrawal from the contract concerning the sale of the Products (*):
Ordered on /received on__
Order number _______________/ Invoice number _______
Customer's Name:
Customer's Address:
Customer's Signature (only if notifying this form on paper):
Date:____________________
(*) Strike out the unnecessary part.
To respect the withdrawal period, the Customer only needs to send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.
11.3. Effects of Withdrawal
In case of withdrawal by the Customer, SAS CHATEAU PLAIN POINT will refund all payments received, including delivery costs (except for additional costs resulting from options chosen, such as a delivery method other than the least expensive standard delivery option), without undue delay, and in any case, no later than fourteen days from the day SAS CHATEAU PLAIN POINT is informed of the Customer's decision to withdraw.
SAS CHATEAU PLAIN POINT will process the refund using the same payment method the Customer used for the order in question, unless otherwise expressly agreed. In any case, this refund will not incur any fees for the Customer.
SAS CHATEAU PLAIN POINT may defer the refund until it has received the returned Product(s) or until the Customer has provided proof of shipment of the Product, the date of which will be the earlier of the two events.
11.4. Return Time and Condition of the Returned Product(s)
The Customer must return the Product(s) to SAS CHATEAU PLAIN POINT (Château Plain Point Plain Point 33126 Saint Aignan) without undue delay and, in any case, no later than fourteen days after communicating their decision to withdraw from the order to SAS CHATEAU PLAIN POINT. This period is deemed to be respected if the Customer returns the Product(s) before the expiration of the fourteen days.
The Product(s) must be returned in their original packaging, in their original condition, unused, and with labels. The cost of return shipping is at the Customer's expense. The Customer is only responsible for depreciation of the Product(s) resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s).
11.5. No Right of Withdrawal
It is specified that the right of withdrawal cannot be exercised by the Customer for:
Products made according to the Customer's specifications or customized at their request;
Products unsealed after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of alcoholic beverages whose delivery is deferred beyond 30 days and whose value depends on market fluctuations (e.g., grand cru wines reserved before harvest).
ARCHIVING THE CONTRACT
These General Terms and Conditions of Sale can be recorded and printed by the Customer for retention and reproduction. Any order summary validated by the Customer constitutes an irrevocable commitment. This document, which must be kept, constitutes proof of the Customer's order.
In accordance with Article L.213-1 of the Consumer Code, SAS CHATEAU PLAIN POINT archives contracts concluded electronically for amounts exceeding 120 euros for a period of ten years from their conclusion. The Customer can obtain a copy of their contract by contacting contact@chateauplainpoint.com
INTELLECTUAL PROPERTY
The content (texts, images, diagrams, drawings, photographs, etc.), the structure, databases, and software used for the operation of the Website and on the Website, are the exclusive property of SAS CHATEAU PLAIN POINT. Any full or partial representation or reproduction, translation, adaptation, arrangement made without the consent of SAS CHATEAU PLAIN POINT constitutes infringement.
The rights related to these elements are reserved for all countries and for the duration of intellectual property rights. Any use of the aforementioned rights can only take place with the express, written, and prior permission of SAS CHATEAU PLAIN POINT, by submitting a written request via email to the following address: contact@chateauplainpoint.com.
SAS CHATEAU PLAIN POINT does not provide any other intellectual property guarantee concerning the Products except for the warranty against eviction of its own actions, excluding any warranty against eviction due to third parties. If a counterfeiting action is brought against the Customer, they cannot call SAS CHATEAU PLAIN POINT to indemnify them or file a recourse action.
Furthermore, SAS CHATEAU PLAIN POINT remains the owner of all intellectual property rights on studies, drawings, models, prototypes, etc., created (even at the Customer's request) for the provision of Products to the Customer. The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models, and prototypes without the express, written, and prior consent of SAS CHATEAU PLAIN POINT, which may condition such consent on a financial compensation.
Finally, any extraction, integration, compilation, or commercial use of the information contained in the databases accessible from the Website, as well as the use of robots, data mining systems, or other data collection tools, is strictly prohibited.
PERSONAL DATA
SAS CHATEAU PLAIN POINT is responsible for processing the Customer's personal data for the purpose of executing the Order.
SAS CHATEAU PLAIN POINT is committed to protecting the personal data provided by the Customer in accordance with its Privacy Policy, the Data Protection Act, and the General Data Protection Regulation (GDPR).
COOKIES
When using the Website, cookies may be placed on the equipment used to access the Website.
Information on the cookies used by SAS CHATEAU PLAIN POINT is available in its Privacy Policy.
RESPONSIBILITY
SAS CHATEAU PLAIN POINT may be exempted from all or part of its responsibility by providing proof that the non-performance or poor performance of the contract is attributable either to the Customer, or to an unforeseeable and insurmountable third-party event.
SAS CHATEAU PLAIN POINT will not be considered responsible or in breach for any delay or non-performance resulting from the occurrence of force majeure, as usually recognized by French case law.
The Products sold on the Website comply with the regulations in force in France. The Customer is solely responsible for the choice of Products, their storage, and their use. Therefore, the total or partial inability to use the Products, especially due to equipment incompatibility, cannot give rise to any compensation, refund, or liability from SAS CHATEAU PLAIN POINT, except in the case of proven hidden defects, non-compliance, or defects as provided by the Civil Code and the Consumer Code.
The Products are designed for domestic use only. SAS CHATEAU PLAIN POINT's liability cannot be engaged in the case of loss of profit, loss of business, business interruption, or loss of opportunity.
SAS CHATEAU PLAIN POINT will not be held liable for simple errors or omissions that could have occurred despite all precautions taken in the presentation of the products.
The Customer is responsible for verifying the accuracy of the information provided during the order, including the delivery address. The Customer remains responsible for the information provided during the order. SAS CHATEAU PLAIN POINT excludes any liability (i) in case of possible input errors by the Customer that could cause delivery mistakes, and (ii) in case of any mistakes made by the Customer or failure to follow the delivery procedures established with the carrier. If necessary, any costs related to re-shipping and storage of the products will be borne by the Customer.
SAS CHATEAU PLAIN POINT cannot be held responsible for any quality degradation caused by the transport of the Product.
CLAIMS AND MEDIATION
17.1. Preliminary Claim
Any claim, regardless of its nature, relating to a Product must be presented by sending a letter to the customer service:
By email, to: contact@chateauplainpoint.com
By mail to the address: SAS CHATEAU PLAIN POINT, Château Plain Point - Plain Point - 33126 Saint Aignan.
The claim should be detailed and clearly indicate the reasons for dissatisfaction.
Following the submission of a claim, SAS CHATEAU PLAIN POINT and the Customer commit to making their best efforts to resolve the dispute amicably.
The Customer may seek assistance from a professional association in the industry, a consumer association, or any other adviser of their choice. It is reminded that the search for an amicable solution does not interrupt the statutory warranty period or the duration of the contractual warranty. It is also reminded that, in general, and subject to the assessment of the Courts, the fulfillment of the contractual warranty provisions requires the Customer to honor their financial obligations to SAS CHATEAU PLAIN POINT.
The Customer may also withdraw their claim at any time, and such withdrawal will be final.
17.2. Mediation
In the event that the dispute could not be resolved through the preliminary claim submitted directly to SAS CHATEAU PLAIN POINT, the Customer may resort to a consumer mediator free of charge, as provided for in Title I of Book VI of the Consumer Code.
Failing that, the Customer will turn to the competent courts.
APPLICABLE LAW
The validity, interpretation, and execution of these General Terms and Conditions of Sale are governed by French law.
JURISDICTION
In the absence of an amicable resolution, any dispute relating to the conclusion, interpretation, execution, or termination of these General Terms and Conditions of Sale shall be brought before the Bordeaux Courts, which have exclusive jurisdiction, regardless of the payment methods accepted, even in the case of a guarantee claim or multiple defendants, notwithstanding any contrary clauses.
PROOF AGREEMENT
The acceptance of these General Terms and Conditions of Sale electronically has the same evidentiary value as an agreement on paper.
In general, the Customer acknowledges and agrees to exchange with SAS CHATEAU PLAIN POINT, including via email, for example, in the context of information that may be sent to them during the execution of these General Terms and Conditions of Sale.
CONTACT
For any questions related to these general terms and conditions of sale, the Customer may contact SAS CHÂTEAU PLAIN POINT:
By email, at: contact@chateauplainpoint.com
By mail to the address: SAS CHATEAU PLAIN POINT, Château Plain Point - Plain Point - 33126 Saint Aignan
By phone: 05 57 24 95 98
