Privacy & Cookies Policy

PUBLISHER INFORMATION

Company : Château la Source, also trading as CALA.wine, formerly Domaine de Cala

Address : 703 chemin de la Pelegrine, 83170 Brignoles, France

Phone : +33 (0)494 69 84 93

Email : contact@cala.wine

TVA intracommunautaire : FR19392186102

Siret : 392 186 102 00019

INTRODUCTION

This privacy policy informs you about how Château la Source uses and protects the information you may send to us while using this Website, which can be accessed via the following URLs: domainedecala.com, chateaulasource.fr, cala.wine, cala.vin.

Please note that this privacy policy may be amended or added to at any time by Château la Source, namely in order to comply with all legal and technological changes. If this occurs, the date of update will clearly be identified at the top of this policy. These amendments bind users as soon as they are published online. Therefore, users should regularly read this privacy policy to be aware of any amendments.

ARTICLE 1. PARTIES

This privacy policy applies between Château la Source, hereinafter the “Publisher“, and any person connecting to the Website, hereinafter the “User“.

ARTICLE 2. DEFINITIONS

“Website Content“: elements of any type that are published on the Website, whether protected by intellectual property rights or not, such as texts, images, designs, presentations, videos, diagrams, structures, databases and software.

“User“: any person connecting to the Website.

“Website“: the internet website accessible at the URL domainedecala.com, as well as any sub-websites, mirror websites, portals or related URL variations.

ARTICLE 3. SCOPE

This privacy policy applies to all Users. By connecting to and/or browsing the Website, you are deemed to have fully and unconditionally agreed to this privacy policy. Furthermore, by clicking “Accept” on the cookies information banner displayed on the Website, you confirm your agreement. Similarly, you confirm you have read it and unreservedly agree to the cookies.

Users acknowledge the evidential value of the Publisher’s automatic recording systems, unless proof to the contrary can be produced.

By agreeing to this privacy policy, it is presumed that Users have the full legal powers required to do so or that they are at least sixteen (16) years old or, failing this, that they have the authorisation of their legal guardian if they are a Legally Incapacitated Individual, the authorisation of their legal representative if they are under sixteen (16) years old, or hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PERSONAL DATA

In general, you can visit the Website without deliberately communicating any of your personal information Under no circumstances will you be bound to deliberately provide that information to the Publisher.

However, should you not provide it, you may not be able to access the information and services you have requested. The Publisher may in some situations ask for your full name, email address, telephone number, company and job title. By providing this information, you expressly agree that it can be processed by Château la Source for the purposes stated in this document and the purposes listed at the bottom of each form.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

In accordance with the General Data Protection Regulation (GDPR) adopted by the European Parliament on 14 April 2016 and current French legislation, the Publisher hereby provides you with the following information:

4.1 The controller

The controller for the data processed on the Website is Château la Source.

4.2 The data protection officer

The data protection officer is Château la Source.

4.3 Data collection by the Publisher

4.3.1 Collected data

4.3.1.1 Data collected while browsing

While browsing the Website, you agree that the Publisher can collect information relating to: your use of the Website, the content you view and click on, your demographic data, the device and operating system you use, your tracers, web beacons, web storage and unique advertising identifiers, your connection data (times, pages viewed, IP address, etc.), and/or the website pages visited before or after using the Website.

4.3.1.2 Data collected when using a contact form or sending an email

When Users submit a contact form, this implies that the Publisher will collect your following personal data: full name, email address, and information deliberately provided by you for your request to be processed.

Users who do not want to provide the information required when using the contact form cannot send a message to the Publisher directly through the Website.

4.3.1.3 Data collected for sending newsletters

As part of sending its newsletter, the Publisher may collect and process your email address.

4.3.1.4 Data collected for adding a comment

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

4.3.1.5 Data collected for having an account

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

The data offered at account signup will be retained to allow for the functionality of the service. Registered users may be contacted using the provided email address to provide further services related to the scope of the website. If you request a password reset, your IP address will be included in the reset email.

4.3.2 Purpose of personal data collection

The data collected while you browse is automatically processed for the purpose of:

• Instituting legal proceedings
• Checking Users’ identities
• Providing and improving Website security
• Developing, running, improving, supplying and managing the Website
• Sending information and contacting Users, including by email, telephone and push notifications
• Sharing Website content with other people or informing them of the content being viewed or of opinions, via the social network sharing buttons
• Contextualising and improving the User experience
• Targeting advertising content
• Preventing any illicit or illegal activities
• Ensuring compliance with the Website terms of use

Data collected when you use the contact form or send an email are automatically processed for the purpose of:

• Performing contractual obligations
• Instituting legal proceedings
• Checking Users’ identities
• Sending information and contacting Users, including by email, telephone and push notifications
• Targeting advertising content
• Preventing any illicit or illegal activities
• Ensuring compliance with the Website terms of use

Data collected for sending newsletters are automatically processed for the purpose of:

• Sending news updates

4.3.3 Legal basis for processing

The data collected when you browse have a legal basis in the Publisher’s legitimate interest, being to analyse behaviours on the Website, ensure the Website’s security and improve the Website’s features.

Data collected when you use a contact form or send an email have a legal basis in the Publisher’s legitimate interest, being to process your request.

The data collected for sending a newsletter have a legal basis in the consent given by the data subjects.

4.3.4 Data recipients

The data collected are only viewable by the Publisher and are never be made visible to a third party individual.

4.3.5 Period of personal data retention

The personal data collected when you browse are retained for the reasonable period of time required for the Website’s proper administration, and a maximum of twelve (12) months.

The personal data collected when you use the contact form are retained for the contractual relationship period and up to twelve (12) months after completion of the assignment performed for the User’s benefit.

After that time, the Publisher will permanently delete the data of the persons in question.

4.3.6 Personal data security and confidentiality

Personal data is stored in secure conditions, according to current technical means, in accordance with the provisions of the General Data Protection Regulation and current French legislation.

4.4 Your rights

You have the rights over your personal data as listed below. You may exercise those rights by writing to us at our postal address, 703 chemin de la Pelegrine 83170 Brignoles, or by completing our online contact form.

4.4.1 Right to data provision, access and information

You have the right to access the personal data held about you.

Due to the Publisher’s duty to ensure the security and confidentiality of the personal data being processed, your request will only be processed if you can provide proof of your identity, namely a scan of your valid identity document (when submitting a request via our dedicated electronic form) or a signed photocopy of your valid identity document (when sending a written request), both with the endorsement: “I hereby certify that this is a true copy of the original identity document. Signed at (town/city) on (full date)” followed by your signature.

To help you submit your request, you can find a letter template created by CNIL (the French National Commission for Information Technology and Civil Liberties) here.

4.4.2 Right to correct and delete data and the right to be forgotten

You have the right to request that your personal data be corrected, updated, locked or deleted when they are inaccurate, incorrect, incomplete or out of date.

You also have the right to stipulate directives relating to the fate of your personal data in the event of your death. Where appropriate, the heirs of a deceased person may demand that the death of their close relation be taken into consideration and/or that the necessary updates be made.

To help you submit your request, you can find a letter template created by CNIL here.

4.4.3 Right to dispute data processing

You have the right to dispute the processing of your personal data.

To help you submit your request, you can find a letter template created by CNIL here.

4.4.4 Right to data portability

You have the right to receive the personal data that you have provided to us in a transferable, open, readable format.

4.4.5 Right to restrict processing

You have the right to request that the processing of your personal data by the Publisher be restricted. This means that your data cannot be retained and can no longer be used by the Publisher.

4.4.6 Response time

The Publisher will respond to your request to access, correct or dispute, and to all other requests for more information, within a reasonable timeframe which will not exceed one (1) month from the date your request is received.

4.4.7 Lodging a complaint with the relevant authority

If you believe that the Publisher is not upholding its obligations in terms of your personal data, you can lodge a complaint or request with the relevant authority. In France, the relevant authority is CNIL (the French National Commission for Information Technology and Civil Liberties). You can contact it here.

4.5 Transfer of collected data

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

4.5.1 Transfer to partners

The Publisher hereby informs you that we use accredited service providers to collect and process the data you provide to us. These service providers may be located outside the European Union and the data collected on the Website are communicated to them.

The Publisher has ensured its service providers have implemented sufficient safeguards and comply with strict conditions in terms of data confidentiality, use and protection, such as through the US Privacy Shield framework.

Users agree that the collected data may be sent by the Publisher to its partners and processed by those partners within the scope of providing third party services, namely:

4.5.2 Transfer due to court ruling or requisition

Users also agree that the Publisher can communicate collected data to anyone when it is requisitioned by a government authority or ordered by court ruling.

4.5.3 Transfer due to merger or acquisition

If the Publisher is involved in a merger, sale of assets, financing operation, liquidation, bankruptcy or all or part of its business being bought out by another company, Users give their consent for the collected data to be sent by the Publisher to that company and for that company to carry out the personal data processes listed in this privacy policy in place of the Publisher.

ARTICLE 5. TRACER/COOKIES POLICY

When you first access the Publisher’s Website, a notification banner appears at the top or bottom of your screen to inform you that information about your browsing may be recorded in cookies files. Our cookies use policy helps you better understand the provisions we implement regarding your browsing of our Website. It namely informs you of all the cookies on our Website and their purpose, and gives you instructions on how to configure them.

5.1 Tracer/cookies use

The Publisher, as the publisher of this Website, may store a cookie or other tracer on your terminal’s hard drive (computer, tablet, mobile, etc.) in order to ensure you enjoy optimised, smooth browsing of our Website.

Cookies (connection records) are small text files of limited size that enable us to recognise your computer, tablet or mobile in order to customise the services we offer.

To help you better understand the information identified on cookies, below is a table listing the different types of cookies that may be used on the Publisher’s Website along with their name, purpose and retention period.

5.2 Purpose of tracers

The Publisher uses the information stored on its tracers and cookies to analyse the Website’s traffic and use and, where appropriate, facilitate and improve the browsing experience, perform canvassing operations, generate commercial statistics and display targeted advertising.

5.3 Tracers used

5.4 Configuring your cookies preferences

When you first access the Publisher’s Website, a notification banner presenting an information summary about the storage of cookies and similar technologies appears at the top or bottom of your screen. This banner notifies you that by continuing to browse the Publisher’s Website (by scrolling, clicking on the Website’s various elements or loading a new page for instance), you agree to cookies being stored on your terminal. You are also deemed to have given your agreement to cookies being stored by clicking on the “OK, accept all” icon to the right of the banner displayed at the top or bottom of your screen.

5.4.1 Cookies exempted from consent

In accordance with the recommendations of CNIL (the French National Commission for Information Technology and Civil Liberties), some cookies are exempt from requiring your prior consent insomuch as they are strictly necessary for the website to operate or are for the exclusive purpose of enabling or facilitating electronic communications. This particularly involves session identification, authentication and load balancing session cookies as well as customisation cookies for your interface. These cookies are all subject to this policy insomuch as they are issued and managed by the Publisher.

5.4.2 Cookies requiring your prior consent

This requirement concerns cookies issued by third parties and which are classified as “persistent” insomuch as they remain on your terminal until they are deleted or expire.

As these cookies are issued by third parties, their use and storage are subject to those parties’ own privacy policies. This family of cookies includes audience measurement, advertising and social network sharing cookies.

Audience measurement cookies establish statistics about traffic and the use of various website elements (such as the content/pages you visited). These data help improve the user-friendliness of the Publisher’s Website.

5.5 Maximum tracer retention period

Tracers are intended to be stored on the User’s terminal for a period of up to thirteen (13) months. These data are stored in secure conditions, according to current technical means, in accordance with the provisions of the General Data Protection Regulation and current French legislation.

5.6 Disputing tracer use

5.6.1 Right to dispute tracer use

You can accept or block cookies at any time.

Users may delete or deactivate tracer use whenever they wish by modifying their browser settings or using the configuration interface offered by the Website, which is available when Users first visit and displayed at the top or bottom of the home page, by clicking on the “Cookies settings” link to the right of the banner. The Website can be viewed without tracers. However, some ancillary features of the Website may not function if Users deactivate tracer use, such as browser indicators, interactive maps and streamed video viewing.

5.6.2 Settings

For more detailed information on tools to manage cookies, visit the dedicated page on CNIL’s website here.

5.6.2.1 Browser settings

Every internet browser has its own cookie management settings. Users can configure their browser to block cookies either systematically or by issuer. Users can also configure their browser to accept or block cookies that are proposed occasionally, before the cookie is stored on their terminal.

Every browser’s cookie management and User choice settings are different. The browser’s help menu describes how to configure settings so Users can understand how to modify their cookie preferences:

• For Internet Explorer
• For Safari
• For Chrome
• For Firefox
• For Opera

5.6.2.2 Configuring settings using add-on modules

Users can also configure their personal data collection settings by installing add-on modules.

For more detailed information on tools to manage cookies, visit the dedicated page on CNIL’s website here.

ARTICLE 6. INTELLECTUAL PROPERTY

6.1 Legal protection of Website content

The Website content is likely to be protected by copyright and database rights. Any depiction, copying, translation, adaptation or conversion, in full or in part, performed illegally and without consent from the Publisher or its assignees and beneficiaries constitutes a breach of Books I and III of the French Intellectual Property Code and may give rise to legal prosecution for counterfeiting.

6.2 Contractual protection of Website content

Users make a contractual commitment to the Publisher not to use, copy or depict, in whatsoever manner, the Website content, regardless of whether it is protected by intellectual property or not, for any purpose other than its viewing by a crawler or browser. This prohibition does not apply to web crawlers whose sole task is to scan Website content for indexing purposes.

ARTICLE 7. FINAL PROVISIONS

7.1 Amendments

This privacy policy may be amended at any time by the Publisher. The terms that apply to Users are those in force when they access the Website, with each new visit to the Website constituting agreement with the new conditions, where appropriate.

7.2 Entirety

The invalidity of any clause in this policy does not result in the invalidity of the policy’s other clauses or the policy in its entirety, which maintain their full force and scope. In this situation, the parties must replace the void clause with a valid clause that matches the spirit and purpose of this policy, insofar as that is possible.

7.3 Non-waiver

Should the Publisher not exercise the rights given to it under this policy, this cannot in any way be construed as a waiver of those rights.

7.4 Languages

The website is published in English. Automated translations provided by third-party services do not constitute a valid basis for litigation.

7.5 Unfair terms

The provisions of this policy apply subject to compliance with the mandatory provisions of the French Consumer Code regarding unfair terms in contracts concluded between a professional and a consumer.

ARTICLE 8. DISPUTES

8.1 Applicable law

This privacy policy is subject to French law and European regulations, including the General Data Protection Regulation.

8.2 Mediation

All disputes about or in relation to this policy will be decided by mediation provided by SMP: https://www.mediateur-consommation-smp.fr/

SELLER INFORMATION

Company : Château la Source, also trading as CALA.wine, formerly Pinky Distribution

Address : 703 chemin de la Pelegrine, 83170 Brignoles, France

Phone : +33 (0)494 69 84 93

Email : contact@cala.wine

TVA intracommunautaire : FR 74877725408

Siret : 87772540800018

ARTICLE 1. PARTIES

These general terms and conditions are applicable between Château la Source, henceforth referred as “Château la Source” and ANY PERSON, natural or legal, contracting with Château la Source for the order of Products, hereinafter referred to as “the Customer“.

ARTICLE 2. DEFINITIONS

“Customer”: any person, natural or legal, registered on the Website.

“Website content”: all kinds of element on the website, protected or not by intellectual property, like texts, images, designs, presentations, videos, diagrams, structures, database or software.

“Château la Source”: the website operator and seller

“Internaut”: any person, natural or legal connecting to the Website

“Product”: property marketed by Château la Source

“Website”: website and subdomains which can be accessed via the following URLs: domainedecala.com, chateaulasource.fr, cala.wine, cala.vin.

ARTICLE 3. SCOPE

The Website is freely accessible to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions. Simply connecting to the Site, by any method whatsoever, in particular by a robot or a browser, shall imply full and complete acceptance of these general conditions. When registering on the Website, this acceptance will be confirmed by ticking the corresponding box.

The Internet user recognizes by the same fact that he/she has taken full knowledge of them and accepts them without restriction.

The fact of ticking the corresponding box shall be considered to have the same value as a handwritten signature by the Internet user. The Internet user acknowledges the value of proof of the automatic recording systems of Château la Source and, unless he/she can prove otherwise, he/she waives the right to contest them in the event of a dispute.

These general conditions are applicable to the relation between the parties except for all other conditions, and in particular those of the Internet user.

Acceptance of these general conditions supposes that Internet users have the necessary legal capacity to do so, or that they have the authorisation of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. OBJECT

The purpose of the Website is to present and sell Products to Customers.

ARTICLE 5. ORDER STEPS

5.1. Ordering

In order to place an order, Internet users may select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description of each item. When their order is complete, they can access their shopping cart by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

When consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will be able to remove one or more Products from their basket. If they are satisfied with their order, they can proceed to Checkout.

5.3. Payment by the Customer

Upon arriving to the Checkout page, Customers will be invited to check or modify their delivery and billing details, and will then be invited to make their payment by being redirected to the secure payment interface provided by our payment processor.

5.4. Confirmation of the order by Château la Source

Once the payment has been received by Château la Source, it will acknowledge receipt of the order electronically to the Customer as soon as stock availability has been confirmed. At shipping, Château la Source will send the Customer an email confirming the processing of the order, including all related information. Should an order not be fulfillable, the customer will be fully refunded and informed by email if available.

ARTICLE 6. PRICE – PAYMENT

6.1. Price

The applicable prices are those mentioned on the Website at the Current rate. The Current rate in force may be subject to reassessment by Château la Source for future order. The prices indicated are only valid on the day of the order and are not valid for the future.

The prices indicated on the Website are in euros, including all taxes.

6.2. Payment terms

The Customer can make its payment online by credit card. Payments by credit card are made through secure transactions provided by Stripe.

If payments are made by credit card, Château la Source has no access to any data relating to the means of payment of the Customer. The payment is made directly to the bank.

6.3. Billing

Château la Source will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Payment default

The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.

Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the payment of the sums due as principal.

In addition, any delay in payment will result in the invoicing of the defaulting professional Customer of recovery costs in the amount of 40 euros and the immediate payment of all sums remaining due regardless of the agreed deadlines, increased by a compensation of 20% of the amount as a penalty clause.

In any case, any delay in payment will result in the possibility of terminating the contract unilaterally for default of the Customer.

This clause falls within the framework of the provisions of article 1152 of the French Civil Code allowing the judge to reduce the compensation if the judge considers it excessive.

6.5. Retention of ownership

The Products sold remain the property of Château la Source until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINT – GUARANTEE

7.1. Customer service

The customer service is available Monday to Friday from 9 a.m. to 6 p.m by phone at the following standard rate telephone number: +33 (0)4 94 69 84 93, by e-mail to: contact@cala.wine or by post to the address indicated at the start of these general terms and conditions.

7.2. Waiver of approval

Customers expressly renounce to their right so-called “aggregation right” provided for in Article 1587 of the French Civil Code.

7.3. Right of withdrawal – Distance selling

7.3.1. Conditions for exercising the right of withdrawal

In accordance with current legislation on distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.

The period referred to in the previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical support, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period of time, the time limit shall run from receipt of the last good or batch or the last part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from the receipt of the first good.

In case the fourteen day period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.

The decision to withdraw must be notified to Château la Source at the contact details indicated in Article 1 of these terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general conditions. In any event, Château la Source will send the Customer as soon as possible an acknowledgement of receipt of the said withdrawal by e-mail.

7.3.2. Effects of the right of withdrawal

The Customer returns or resituates the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of its decision to withdraw, in perfect original condition.

When the right of withdrawal is exercised, the professional shall refund the Customer all sums paid, as soon as possible and at the latest within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the refund until the Products have been recovered or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond that point, the sum due shall automatically carry interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

If applicable, the professional shall make the refund using the same method of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another method of payment and insofar as the refund does not incur any costs for the Customer. However, the trader is not obliged to refund additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.

The direct costs of returning the Product shall be paid by the Customer. These costs are estimated at a maximum of 500 euros if, due to its nature, the Product cannot normally be returned by post.

The Customer shall only be liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.

7.3.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts :

– the supply of goods that are likely to deteriorate or expire rapidly ;

– the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;

– the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

– the supply of alcoholic beverages, the delivery of which is delayed beyond thirty days and the value of which agreed upon at the conclusion of the contract depends on fluctuations in the market which are beyond the professional’s control.

Similarly, the right of withdrawal does not apply to contracts that have been fully executed by both parties at the express request of the Customer before the latter exercises his right of withdrawal.

7.4. Cancellation of the contract on the initiative of the Customer

The Customer may denounce the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be refunded the sums paid by him/her at the time of the order.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against Château la Source and waives the right to invoke the resolution of the sale provided for in this article.

7.5. Guarantees

7.5.1. Guarantee against patent defects

It is the Customer’s responsibility to control that the Products are in good condition at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of Professional has expressed reservations to the carrier in accordance with articles L. 133-3 et seq. of the French Commercial Code.

7.5.2. Guarantee against latent defects

7.5.2.1. Legal guarantees

Customers have a legal guarantee of compliant delivery (article 1604 of the French Civil Code), a legal guarantee against latent defects (articles 1641 et seq. of the French Civil Code) and a safety guarantee (articles 1245 et seq. of the French Civil Code).

Customers who are consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code).

7.5.2.2. Returns

In order to implement the guarantee, it is the Customer’s responsibility to return the product to the address of Château la Source’s headquarters, together with an explanatory letter requesting either repair, exchange or reimbursement.

The costs of sending and returning the Product remain at the expense of the Customer, except for Customers implementing the legal guarantee of conformity.

The consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. In this respect, he may choose between repairing or replacing the Product, subject to the cost conditions set out in Article L.217-9 of the Consumer Code. Finally, the Customer is exempted from proving the existence of the Product’s lack of conformity during the 24 months following the delivery of the said Product, except for second-hand goods.

If applicable, the legal guarantee of conformity applies independently of the commercial guarantee.

When the consumer Customer decides to invoke the guarantee for hidden defects, he may choose between the cancellation of the sale or a reduction of the sale price.

ARTICLE 8. COLLECTION IN PERSON

8.1. Timeframe for Collection in person

Collection in person will be possible during the regular opening hours of Château la Source. Château la Source reserves the right to cancel any order that has not been picked up within 10 business days of the order being processed. Should the order be cancelled, a refund will be issued within 10 working days of the order cancellation. The Customer will be notified in the event of order cancellation.

ARTICLE 9. DELIVERY

9.1. Delivery cost

The costs of delivery or provision are, in any case, indicated to the Customer before any payment. The delivery costs indicated on the Purchase Order are understood to be in euros, or, where applicable, in the currency of the sale, and all taxes included.

9.2. Delivery time

Orders are delivered by a carrier indicated to the Customer on the Purchase Order and within 30 working days, this period starting from the validation of the Purchase Order by Château la Source.

Certain products or certain order volumes may nevertheless justify a delivery time that is longer than 30 working days. This will be expressly mentioned to the attention of the Customer during the validation of the Purchase Order.

9.3. Damaged package

In the event of delivery of a package that is manifestly and visibly damaged, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.

9.4. Degradation of the quality of the Products

Under no circumstances shall Château la Source be held responsible for any deterioration in the quality of the Products and their packaging caused by transport.

Once the delivery is effective, the Customer is solely responsible for the conservation of the products.

ARTICLE 10. PERSONAL DATA

As part of its service, Château la Source will be required to process personal data of its Customers. Please refer to the Privacy policy for further details.

ARTICLE 11. RESPONSIBILITY OF CHÂTEAU LA SOURCE

11.1. Nature of DomainedeCala’s obligations

Château la Source undertakes to exercise due care and diligence in the provision of quality Products as specified in these Terms and Conditions. Château la Source is only responsible for the performance of its services.

Although Château la Source ensures the preservation of the Products in the best conditions of temperature, humidity, bedding and darkness, it is not possible to guarantee the impeccable quality of the Products, its responsibility cannot be engaged in this regard. Depositing and levelling is a natural evolution after a certain period of ageing, and certain bottles, particularly from old vintages, may sometimes have suffered external damage that does not affect the quality of their contents.

Château la Source cannot be held responsible in this respect.

11.2. Force Majeure – Default by the Customer

Château la Source will not be held liable in the event of force majeure or default on the part of the Customer, as defined in this Article:

11.2.1. Force majeure

Within the meaning of these General Terms and Conditions of Sale, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of installations, shall be deemed to be a case of force majeure that may be invoked against the Customer, unlawful or fraudulent use of passwords, codes or credentials provided to the Customer, hacking, security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of Château la Source. In such circumstances, Château la Source shall be excused from performing its obligations to the extent of such impediment, limitation or disruption.

11.2.2. Fault by the Customer

Within the meaning of these General Terms and Conditions, will be considered as a fault of the Customer opposable to the latter any misuse of the Service, fault, negligence, omission or failure on the part of the Customer or its employees, non-compliance with the advice given by Château la Source on its Website, any disclosure or unlawful use of the password, codes and credentials of the Customer, as well as the provision of incorrect information or failure to update such information in its personal space. It will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or spirit of these general conditions of sale.

11.3 Technical problems – Hypertext links

In the event of impossibility of access to the Website, due to technical problems of any kind, the Customer may not claim any damage or compensation. The unavailability of one or more online services, even if prolonged and without any time limit, cannot constitute a prejudice for the Customers and cannot in any way give rise to the granting of damages by Château la Source.

The hypertext links on the Website may lead to other websites. Château la Source cannot be held responsible if the content of these websites contravenes the legislation in force. Similarly, Château la Source cannot be held responsible if the visit of one of these websites by the Internet user causes prejudice.

In the current state of technology, the rendering of the representations of the Products offered for sale on this Website, particularly in terms of colour or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to Château la Source which can in no way be held responsible for this.

11.4 Damages to the charge of Château la Source

In the absence of legal or regulatory provisions to the contrary, the responsibility of Château la Source is limited to the direct, personal and certain damage suffered by the Customer and related to the failure in question. Château la Source shall in no case be liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Similarly, and within the same limits, the amount of damages and interest charged to Château la Source may not in any event exceed the price of the Product ordered.

11.5. Hyperlinks and content of the Website

The Contents of the Website are published for information purposes only, without any guarantee of accuracy. Château la Source can in no way be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.

ARTICLE 12. INTELLECTUAL PROPERTY

12.1. Legal protection of the Contents of the Website

The Contents of the Website are likely to be protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of Château la Source or its successors or assigns constitutes a violation of Books I and III of the Code of Intellectual Property and will be likely to give rise to legal proceedings for infringement.

12.2. Contractual protection of the Website Content

The Internet user contractually undertakes to Château la Source not to use, reproduce or represent, in any way whatsoever, the Contents of the Website, whether or not they are protected by intellectual property rights, for any purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Website for indexing purposes.

ARTICLE 13. FINAL STIPULATIONS

13.1. Applicable law

These general terms and conditions are subject to French law.

13.2. Changes to these General Terms and Conditions

These general terms and conditions may be modified at any time by Château la Source. The general terms and conditions applicable to the Customer are those in force on the day of its order or its connection to this Website, any new connection to the personal space entailing acceptance, where applicable, of the new general terms and conditions.

13.3. Disputes

Pursuant to Order No. 2015-1033 of 20 August 2015, any disputes that may arise in connection with the performance of these general terms and conditions and for which no amicable solution has been found between the parties shall be submitted to https://www.mediateur-consommation-smp.fr/

In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

13.4. Whole agreement

The voidance of one of the clauses of this contract will not entail voidance of the other clauses of the contract or of the contract as a whole, which will retain their full force and scope. In such a case, the parties must, to the extent possible, replace the voided stipulation with a valid stipulation corresponding to the spirit and the object of these present terms and conditions.

13.5. Non-waiver

The absence of exercise by Château la Source of the rights granted to it herein may in no way be interpreted as a waiver to assert said rights.

13.6. Cold Calling

The Customer is informed that he/she has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/.

13.7. Languages ​​of these general terms and conditions

These general terms and conditions are provided in English. In case of discrepancies between translations, the English version prevails.

13.8. Unfair terms

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer

HOW TO CANCEL THE ORDER IN THE EVENT OF DISTANCE SELLING TO A CUSTOMER

In the case of distance selling, as defined by article L. 221-1 of the French Consumer Code, within fourteen days, including bank holidays, from the date of the order or the commitment to purchase, the Customer has the right to cancel the order by registered letter with acknowledgement of receipt. If this period normally expires on a Saturday, Sunday or Bank holiday, it shall be extended to the next working day.

Any clause in the contract by which the customer waives his right to renounce his order or purchase commitment is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 221-2.

If you cancel your order

you can use the detachable form opposite.

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ORDER CANCELLATION

Consumer Code art. L. 221-5

Conditions:

∗ complete and sign this form

∗ send it by registered letter with acknowledgement of receipt

∗ use the address given in Article 1

∗ send it at the latest on the fourteenth day from the day of the order or, if this period normally expires on a Saturday, a Sunday or a bank holiday, on the first working day thereafter.

I, the undersigned, hereby declare that I cancel the following order:

∗ Nature of the goods or service ordered:

∗ Date of the order:

∗ Date of receipt of the order:

* Name of the Customer:

*Address of the Customer:

Signature of the Customer:

Permis de vente de boissons alcooliques la nuit n. 2407260908 délivré en application de l’article L. 3332-1-1 du code de la santé publique.