GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING OF CHÂTEAU DE LA NÉGLY
Updated on 22/05/2019
1. HEALTH WARNING: THE SALE AND OFFER OF ALCOHOL TO MINORS
IS PROHIBITED.
The sale of our wines is reserved exclusively for persons aged 18
or over on the date of the order, which the Customer declares on their honour. Our wines should be consumed in moderation, reasonably and responsibly. ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH. PLEASE DRINK RESPONSIBLY.
2. CUSTOMERS CONCERNED – ENFORCEABILITY
2.1 These general terms and conditions of sale (hereinafter the “T&Cs”) govern the contractual relationship for any distance purchase of bottled wine (via the Internet, by telephone, by email or by fax) for delivery in France (excluding the French overseas departments and territories and Corsica), in particular via the e-commerce website, between:
Château de la Négly, a limited liability company (SARL) with share capital of 196,028 euros,
registered with the Narbonne Trade and Companies Register (RCS) under number 333 554 095, whose registered office is at Domaine de la Négly, 11560 FLEURY, France, represented by its manager, Mr Jean PAUX-ROSSET, VAT no. FR 43 433 841 111
Whose website publication director is JEAN PAUX-ROSSET
Which holds professional liability insurance with MARTY COUISSAC AXA, LÉZIGNAN-CORBIÈRES
Whose customer service can be reached at the following times and by the following means:
Monday to Friday, 8 am to 12 pm and 2 pm to 5 pm
telephone: +33 4 68 32 41 50,
fax: +33 4 68 32 10 69,
email: boutique@lanegly.fr
Whose business is the retail sale of wine, partly via its website
https://lanegly.com/en/
hereinafter referred to as “Château de la Négly”, and, on the other hand,
Adult private individuals, not acting in a commercial capacity, residing in mainland France, who wish to make a purchase via the website solely for their own reasonable and responsible personal consumption, excluding any commercial or professional use, hereinafter referred to as “the Customer”.
2.2 The Customer declares that they have read the general terms and conditions of sale and accepted them by ticking the box provided for this purpose before starting the online ordering procedure described in article 4 “Orders”.
Placing an order and clicking on the “Order and Pay” button implies
the Customer’s full and unreserved acceptance of the T&Cs, to the exclusion of all other documents such as leaflets, press, catalogues or emailings issued by the seller, which are for information only.
The T&Cs are available at all times on the Site and shall prevail, where applicable, over any other version or any other conflicting document. As the T&Cs may be amended at a later date, the version applicable to the sale is the one in force on the Site on the date the order is placed. If any of the terms of the T&Cs is held to be unlawful or unenforceable by a court decision, the other provisions shall remain in force.
3. INFORMATION ABOUT OUR WINES
3.1 The wines offered (hereinafter the Product or Products) are those shown on the Site. Each Product comes with a description of its essential characteristics drawn up by Château de la Négly. The Customer must read it before placing any order. The choice and purchase of a Product are the sole responsibility of the Customer.
The photographs on the Site are as accurate as possible but cannot guarantee a perfect likeness to the Product offered and do not engage the liability of Château de la Négly.
3.2 The wines of Château de la Négly are biologically living products, so they change over time, in particular in colour and taste. The Customer therefore cannot hold Château de la Négly responsible for this development of the wines.
3.3 Château de la Négly draws the Customer’s attention to the following conditions of conservation
and storage:
– store in a dry place, away from light, without significant variations in temperature (average of 17 °C) or thermal shock, away from all chemical products.
– keeping time:
o Bottles of red: 3 to 10 years
o Bottles of white: 2 to 5 years
o Bottles of rosé: 1 to 3 years
4. ORDERS
4.1 – The steps
Orders are placed in our online shop according to the following steps:
– the Customer fills their basket with products,
– the Customer clicks on the “View basket” button;
– the Customer clicks on the “Payment” button;
– the Customer creates an account or logs in if they already have one;
– the Customer enters their delivery details;
– the Customer is informed of the delivery method and the amount of the delivery charges;
– the Customer chooses their payment method and their order and clicks on “CONTINUE”;
– the Customer accepts the T&Cs: they declare that they have read and accepted the T&Cs by ticking the box
“I have read and accept the T&Cs”;
– the Customer confirms their order by clicking on the “Order and Pay” button;
– the Customer is redirected and makes their payment using the following secure
payment tools: CARTE BLEUE (VISA, MASTERCARD) and PAYPAL
– finally, the Customer receives an email confirming their order.
The Customer must check that the information they provide to Château de la Négly when ordering is complete and accurate, in particular their delivery address and email address. The order confirmation email signifies Château de la Négly’s acceptance of the Customer’s order and thus forms the contract of sale between the parties.
The information provided by the Customer and the T&Cs form the contract concluded between the Customer and Château de la Négly and will be restated in the order confirmation email.
4.2 – Changes to the order
Any change to the order after confirmation is subject to the express acceptance of Château de la Négly.
4.3 – Proof
The Customer’s double click on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature. By ticking the box “I have read and accept the T&Cs” and clicking on the “Order and Pay” icon at the end of the ordering process, the Customer irrevocably declares that they accept the order placed, the related delivery charges and all the T&Cs applicable to that order, fully and without reservation.
The computerised records, kept in the computer systems of Château de la Négly under reasonable security conditions, shall be considered as proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that may be produced as evidence. Château de la Négly recommends that the Customer keep this information on paper or electronically.
4.4 – Quantities
The Customer may order from one (1) to a maximum of forty-eight (48) bottles. Beyond that, the Customer must first contact Château de la Négly.
4.5 – Waiver of approval
Any order accepted by Château de la Négly forms the contract between Château de la Négly and its Customers. Consequently, by the mere fact of placing an order, the Customer expressly waives the benefit of articles 1585 and 1587 of the French Civil Code relating to the approval of wine.
4.6 – Order checks
In view of the increase in fraud recorded in online commerce, and in order to secure payments, for any order placed by a Customer on the website https://lanegly.com Château de la Négly will check the order details before delivery. Château de la Négly reserves the right to cancel any non-compliant or suspicious orders, as well as those from a Customer with whom there is any dispute. Château de la Négly reserves the right to refuse any order for legitimate reasons, in particular where the quantities ordered are abnormally high compared with the quantities usually ordered by Customers acting as consumers.
5. PRICES
For any order, the prices applicable are those shown in Euros (€) including all taxes: VAT, excise duties and, more generally, all duties or taxes that may apply to the sale of wine by Château de la Négly. Prices do not include the communication costs of using the website, fax, telephone or any other means of placing an order remotely, the amount of which depends on each Customer’s subscription.
Château de la Négly reserves the right to change its prices at any time, it being understood that the price shown on the Site on the day of the order will be the only price applicable to the Customer.
The price is paid in full on the day the order is placed by the Customer, who must pay for their orders by bank card (Carte Bleue, Visa, American Express, Mastercard); the bank card must be issued in France by a bank based in mainland France. Whatever the type of bank card used, the Customer guarantees that they are its holder, that they are fully authorised to use it to pay for their order, and that this means of payment gives access to sufficient funds to cover the full price of their order and the costs arising from the use of the services offered on the Website. The wines remain the property of Château de la Négly until the price has been paid in full. Failing full payment, Château de la Négly may automatically demand the return of the wines. The costs incurred for this return shall be borne by the Customer.
6. DELIVERY
6-1 – Information
The Products can only be delivered within the times indicated below if the Customer has given Château de la Négly accurate details of the recipient: last name, first name, address, postcode, town, country, door codes, landline number and mobile number. In the event of incorrect or missing information when ordering, Château de la Négly cannot be held responsible if the products cannot be delivered at the desired place and time.
6-2 – Delivery times
a) Delivery times vary between 2 and 5 working days from the order, depending on the delivery method chosen by the Customer. This period starts on the day after the Customer sent their order to Château de la Négly.
These delivery times are for information only.
However, if the product has not been delivered by the end of the maximum period of 30 days, the Customer may give Château de la Négly formal notice to deliver it within a reasonable time, by email, ordinary letter or registered letter with acknowledgement of receipt.
If the product is not delivered within this new period, the Customer may cancel the contract (article L. 138-2 of the French Consumer Code) by registered letter with acknowledgement of receipt, by email or by ordinary letter.
The contract is considered terminated upon receipt of the letter or written notice informing Château de la Négly of this termination, unless it has been performed between the sending of the letter by the consumer and its receipt.
In accordance with article L. 138-3 of the French Consumer Code, when the contract is terminated under these conditions, Château de la Négly must refund the Customer all sums paid, at the latest within fourteen days of the date on which the contract was terminated.
6-3 – Delivery arrangements
Our company mainly works with the following carriers: Geodis France Express, Chronopost (La Poste)
– Deliveries are made to the ground floor only, never to upper floors; for apartment buildings, deliveries are made to the entrance hall (not to the apartment door).
You can choose between the following delivery methods:
Delivery to the Customer’s home: this delivery is made within 48 to 72 hours of the order (indicative times for mainland France, excluding weekends and public holidays).
The Customer will be notified as follows: by telephone
The carrier contacts the Customer by telephone to agree on a delivery day between Monday and Friday, for delivery during the day (9 am to 5 pm).
If the Customer is not present at the agreed delivery, the driver will leave a delivery notice in the letterbox so that the Customer can contact the carrier again to arrange a new delivery (slots available Monday to Friday, 9 am to 5 pm).
If the Customer is absent at the second attempt, the goods will be returned
6 days after the driver’s second visit.
– Home delivery by appointment, “on demand”: the delivery date is set by mutual agreement between the carrier GEODIS France Express and the Customer. As soon as the order arrives at the delivery depot, the Customer will receive an email or text message from the carrier inviting them to choose their own delivery date, by email and/or text message, between 9 am and 5 pm, Monday to Friday.
Appointments can be made over two weeks from receipt of the appointment email and/or text message.
First appointment slot available: the day after the order arrives at the delivery depot.
The Customer can track their order through email or text notifications, as they choose. If no appointment has been made three (3) days after arrival at the delivery depot, the Customer will receive a reminder by email and/or text message from the carrier.
If the Customer has not made an appointment after eight (8) days, the carrier will set a delivery date and slot itself (between 9 am and 5 pm, Monday to Friday) and inform the Customer. If the Customer is not present for this delivery, the products will be returned to Château de la Négly.
In this case, the Customer will give their instructions to Château de la Négly.
6-4 – Receipt
Given the value of the Products and their fragile nature, the Customer must check them in the presence of the carrier. Procedure to follow:
– On receipt of the order at home, the Customer must unpack the parcel and check its contents.
– If the Products are damaged, the Customer must refuse the parcel, writing the damage found on the driver’s delivery slip.
– If the carrier refuses to wait while the parcel is unpacked, write on the delivery slip: “Delivery accepted with reservations as the carrier refused to stay while the parcel was inspected”.
PLEASE NOTE: If the Customer accepts the parcel without checking it or without reservations, it will be considered undamaged and no claim may be made afterwards.
6-5 – Delivery problems
a) caused by the carrier
Any anomaly concerning the delivery (damage, product missing compared with the delivery note, damaged parcel, broken products, etc.) must be noted on the delivery note in the form of handwritten reservations together with the Customer’s signature. The Customer must also confirm this anomaly by sending the carrier, within two (2) working days of the delivery date, a registered letter with acknowledgement of receipt setting out the claims.
The Customer must send a copy of this letter by fax or ordinary post to:
Château de la Négly Customer Service, Domaine de la Négly, 11560 FLEURY, France. If the Customer does not make any reservations, the product delivered is deemed satisfactory and cannot be disputed on this basis at a later date. For example, the Customer may not make reservations with either Château de la Négly or the carrier after the carrier has left, even if the parcel was not opened in the carrier’s presence.
b) error
The Customer must notify Château de la Négly, on the day of delivery or at the latest on the first working day following delivery, of any claim of delivery error and/or of non-conformity of the products in kind or quality compared with the information on the order form. This claim may be made to Château de la Négly:
- preferably by telephone on +33 4 68 32 41 50, Monday to Friday, 8 am to 12 pm and 2 pm to 5 pm.
- or through the “contact us” menu, stating the order reference.
In the event of a delivery error or an exchange, any product to be exchanged or refunded must be returned to Château de la Négly in its entirety and in its original packaging, to the following address:
CHATEAU LA NEGLY
16 ROUTE DE LUNES
11100 NARBONNE
France
6-6 – Transfer of risk
Delivery will be made by a carrier selected by Château de la Négly to the delivery address given by the Customer.
In this case, any risk of loss of or damage to the products will pass to the Customer when the Customer, or a third party designated by the Customer (other than the carrier offered by Château de la Négly), takes physical possession of the products.
If the Customer entrusts delivery of the product to a carrier other than those offered by Château de la Négly, and Château de la Négly accepts this request, the risk of loss of or damage to the product will pass to the Customer when the product is handed over to that carrier.
7. AVAILABILITY OF THE WINES
If Château de la Négly fails to perform the contract because the wine or wines are wholly or partly unavailable after the order has been placed, the Customer will be informed by email of the delivery of a partial order or of the cancellation of the order. In this case, Château de la Négly reserves the right to supply a Product of equivalent quality and price, subject to the Customer’s agreement. The Customer may choose:
– to accept a longer delivery time where restocking is possible;
– to order another equivalent product on the Site as a replacement;
– to cancel the order. Château de la Négly will refund the order as follows:
o If the Product that has become unavailable was the only item in the order, Château de la Négly will refund the whole order, including shipping costs.
o If the Product that has become unavailable was only part of the Products ordered but the Customer wishes to cancel the whole order, Château de la Négly will refund the whole order, including shipping costs.
o If the Product that has become unavailable was only part of the products ordered and the Customer accepts delivery of the other Products, Château de la Négly will refund the price of the unavailable product, excluding shipping costs where applicable, as these costs are a flat rate. Château de la Négly undertakes to refund the corresponding amount without delay and at the latest within thirty (30) days of payment of the sums paid by the Customer. The refund will be made by credit to the Customer’s bank account.
8. RIGHT OF WITHDRAWAL
8-1 – Content
The Customer has the right to withdraw from this contract without giving any reason within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party other than the carrier designated by the Customer, takes physical possession of the product. To exercise the right of withdrawal, the Customer must notify Château de la Négly, 16 ROUTE DE LUNES, 11100 NARBONNE, France, fax +33 4 68 32 10 69, email: boutique@lanegly.fr, in particular by using the form attached in Appendix 1, of their decision to withdraw from this contract by means of an unambiguous statement (for example, a letter sent by post, fax or email) or by using the form provided for this purpose. To meet the withdrawal deadline, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the withdrawal period has expired, stating that they are returning the product under their right of withdrawal, indicating the nature of the product and the dates of order and receipt, or enclosing their sales invoice or order form.
The Customer undertakes to return products that are intact, complete, unopened and in perfect condition for resale, together with all accessories or documentation.
8-2 – Effects
If the Customer withdraws from this contract, Château La Négly will refund all payments received from the Customer, including delivery charges (with the exception of any additional costs resulting from the Customer having chosen a delivery method other than the least expensive standard delivery offered by Château de la Négly), without undue delay and in any event no later than fourteen (14) days from the day on which Château La Négly is informed of the Customer’s decision to withdraw from this contract.
However, Château de la Négly may withhold the refund until it has received the Product or until the Customer has supplied proof of having sent back the Product, whichever is the earlier.
Château de la Négly will make the refund using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the refund.
The Customer must send back or hand over the Product to Château La Négly or to GEODIS Calberson Narbonne, avenue de Croix Sud, 11100 Narbonne, France, +33 4 68 42 37 00, without undue delay and in any event no later than fourteen (14) days after the Customer has communicated their
decision to withdraw from this contract. This deadline is met if the Customer sends back the product before the period of fourteen (14) days has expired.
The Customer must bear the direct cost of returning the product. The product must be returned by CHRONOPOST to Château de la Négly, 16 ROUTE DE
LUNES, 11100 NARBONNE, France, or by carrier. These costs are estimated at a maximum of approximately EUR 30. The Product must be returned properly protected, in its original packaging and in perfect condition for resale (not spoiled, damaged or soiled).
The Customer must keep proof of having handed the parcel to the provider responsible for the return. In the event of a dispute, the burden of proving dispatch lies with the Customer. Without this proof, no exchange or refund can be made if the parcel is lost.
When exercising the right of withdrawal, the Customer may choose to request either a refund of the sums paid or an exchange of the Product. In the case of an exchange, reshipment will be at the Customer’s expense.
8-3 Exception to the right of withdrawal
In accordance with article L 120-20-2 2°) of the French Consumer Code and Directive 2011/83/EU of 25 October 2011, products made to the Customer’s specifications or clearly personalised, as well as alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value depends on market fluctuations, are not subject to a right of withdrawal and can be neither taken back nor exchanged.
9. LEGAL GUARANTEES
In accordance with the legal provisions in force, the Products supplied by Château de la Négly automatically benefit, at no extra cost and independently of the right of withdrawal, from the legal guarantee of conformity under the conditions of article 211-4 et seq. of the French Consumer Code for Products that are apparently defective, spoiled or damaged or do not correspond to the order, and from the legal guarantee against hidden defects provided for in articles 1641 et seq. of the French Civil Code.
When the Customer acts under the legal guarantee of conformity, they:
ï Have two years from delivery of the goods in which to act;
ï May choose between repair or replacement of the goods, subject to the cost conditions provided for in article 211-9 of the French Consumer Code;
ï Are exempt from having to prove the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
This legal guarantee applies independently of any commercial guarantee that may be granted by Château de la Négly. The Customer benefits from the guarantee against hidden defects in the item sold within the meaning of article 1641 of the French Civil Code. In this case, they may choose between cancellation of the sale and a reduction in the sale price in accordance with article 1644 of the French Civil Code.
9-1 – Legal guarantee of conformity
A Customer who finds a lack of conformity in the wine delivered has two (2) years from delivery of the product in which to assert this guarantee against Château de la Négly. Once this period has expired, the Customer may no longer act against Château de la Négly on the basis of this legal guarantee of conformity.
The provisions of the French Consumer Code provide as follows:
Article L211-4 of the French Consumer Code: [The seller] is bound to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was its responsibility under the contract or was carried out under its responsibility.
Article L211-5 of the French Consumer Code: To be in conformity with the contract, the goods must: “1° – Be fit for the use usually expected of similar goods and, where applicable: correspond to the description given by the seller and have the qualities that the seller presented to the Customer in the form of a sample or model
– have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or its representative, in particular in advertising or labelling
2° – Or have the characteristics agreed by the parties or be fit for any special purpose sought by the Customer, made known to Château de la Négly and accepted by it.
Article L211-12 of the French Consumer Code: Action resulting from a lack of conformity is time-barred two years after delivery of the goods.” However, the Customer may not dispute conformity by invoking a defect of which they were aware or could not have been unaware when entering into the contract, or the fact that the Product does not correspond to a special purpose sought that was not made known to Château de la Négly.
In addition, the guarantee does not cover any defects, deterioration or anomalies that did not exist at the time the Product was delivered and that result, in particular, from abnormal use or storage of the Products by the Customer.
9-2 – Guarantee against hidden defects
A Customer who finds a defect in the wines delivered that makes them unfit for use has two (2) years from discovery of the defect in which to assert this guarantee against Château de la Négly.
After this period, the Customer will be deemed to have accepted the wine delivered and may no longer invoke this guarantee against Château de la Négly.
The provisions of the French Civil Code provide as follows:
“1° – Article 1641 of the French Civil Code: The seller is bound by the guarantee in respect of hidden defects in the item sold that make it unfit for its intended use, or that so diminish this use that the Customer would not have acquired it, or would only have
paid a lower price for it, had they known of them.
2° – Article 1648, paragraph 1 of the French Civil Code: An action resulting from redhibitory defects must
be brought by the purchaser within two years of discovery of the defect.” Château de la Négly guarantees against all harmful consequences of hidden faults and defects that the Products sold may reveal, provided that these are reported to Château de la Négly without delay and in any event within two years of discovery of the defect. On delivery of the order, the Customer must check the Products. Château de la Négly shall not be liable for defects that the Customer could have detected by an apparent examination of the Product delivered.
All deterioration, including cosmetic deterioration, resulting from hidden faults or defects that appear during use and of which the Customer could not have been aware at the time of delivery is covered by the guarantee, provided that it makes the Product unfit for its intended
use, or so diminishes this use that the Customer would not have acquired it, or would have paid a lower price for it, had they known of them.
In all cases, the Customer must prove the existence of the hidden defect on the day the Product was delivered.
9-3 – Refund period
In the event of a refund, Château de la Négly undertakes to refund the payments received from the Customer within thirty (30) days of the request. For any such request, the Customer must contact Customer Service through the dedicated section of the Website, or by telephone on the number given herein.
These provisions do not exclude the right of withdrawal defined in article 8 above.
10. CUSTOMER DATA
Personal data collected on the Site will be processed electronically. The Customer is invited to refer to the “Privacy policy” section of the Site for all information on this matter. The information collected by Château de la Négly about the Customer (personal data) during any purchase on the Site is necessary for the transactions and is used by Château de la Négly and passed on to its carriers for the purposes of the sale. Château de la Négly complies with the rules laid down by article L34-5 of the French Postal and Electronic Communications Code, which requires your express prior consent for the sending of electronic marketing (email or text message). The Customer may therefore choose to subscribe to the Château de la Négly newsletter. In addition, when the order is confirmed, the Customer is expressly asked for their
consent: • to receive promotional emails from Château de la Négly; As an exception, a Customer who has not given prior consent may nevertheless be contacted if they are already a customer of Château de la Négly and the purpose of the marketing is to offer similar products or services. The Customer is therefore informed that Château de la Négly may use their email address or mobile number for marketing purposes to offer similar products or services. In all cases, the Data Subject may withdraw their consent and object, free of charge, to receiving these communications by: • clicking on the unsubscribe link provided in each email;
In all cases, and in accordance with the French Data Protection Act no. 78-17 of 6 January 1978, Act no. 2018-493 of 20 June 2018 on the protection of personal data, and Regulation (EU) 2016/679 of 27 April 2016 (GDPR), the Customer has the right to access, rectify, object to and delete the personal data concerning them by writing:
– by post, with proof of identity, to Château de la Négly, Domaine de la Négly, 11560 FLEURY, France.
– by email to the following address: boutique@lanegly.fr
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
11-1- Château de la Négly holds the copyright, trademarks, distinctive signs and, more generally, the intellectual and industrial property rights relating to Château de la Négly.
11-2- Château de la Négly is the producer and owner of all or part of the databases making up the website, in particular the texts, images, videos, graphics, logos, etc. These databases are protected in particular by copyright.
11-3- Any infringement of these rights by the Customer (full or partial reproduction, registration, etc.) constitutes counterfeiting and will give rise to civil and criminal proceedings before the competent courts.
12. FORCE MAJEURE
Neither the Customer nor Château de la Négly may be held liable if the non-performance of or delay in performing any of their obligations described herein results from a case of force majeure within the meaning of article 1218 of the French Civil Code. The party affected by such circumstances shall notify the other within ten working days of becoming aware of them. The two parties shall then meet within one month, unless this is impossible owing to the force majeure event, to examine the impact of the event and agree on the conditions under which performance of the contract
will continue. If the force majeure event lasts more than three months, these general terms and conditions may be terminated by the injured party.
13. UNFORESEEN CIRCUMSTANCES
The Customer and Château de la Négly expressly agree to exclude the provisions of article 1195 of the French Civil Code, which state in particular that “if a change of circumstances that was unforeseeable when the contract was concluded makes performance excessively onerous for a party that had not agreed to bear the risk, that party may ask the other contracting party to renegotiate the contract. […]”
14. AMICABLE SETTLEMENT OF DISPUTES
In the event of a dispute, Château de la Négly will make every effort to settle it amicably within the framework of these general terms and conditions of sale. All disputes to which the purchase and sale transactions concluded under these T&Cs may give rise, concerning their validity, interpretation, performance, termination, consequences and aftermath, that could not be settled between the seller and the Customer shall be submitted to the competent courts under the conditions of ordinary law.
The Customer is informed that they may in any event have recourse to consumer mediation and to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The Customer may therefore have their claim examined by a mediator. This mediation scheme is entirely free of charge; Château de la Négly bears the costs of mediation. However, Château de la Négly and the Customer may each be assisted, at their own expense, by an adviser or an expert.
In addition, the European Commission provides consumers with an online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
As a last resort, and if the previous approaches fail, these general terms and conditions of sale are governed by French law. The competent court in the event of a dispute will be that of the Customer’s place of residence or, at the claimant’s choice, of the place where the Product was actually delivered. The Customer may also bring the matter before the court of the place where they lived at the time the contract was concluded or the harmful event occurred.
APPENDIX 1 WITHDRAWAL FORM
Articles L. 121-21 to L. 121-21-8 of the French Consumer Code
For the attention of SARL Château de la Négly
Type of wine: ……………………………………………………Ordered on:
…………………………………………………….
Order no.: …………………………………………………
Customer’s full name: ………………………………………………….
Customer’s address: ………………………………………………………….
………………………………………………………………………………
I hereby give notice that I withdraw from the contract for the sale of the goods below, within the legal period of 14 days from receipt of the goods, as follows:
– Address: Château la Négly, 16 route de Lunes, 11100 Narbonne, France
– Email: boutique@lanegly.fr
– Fax: +33 4 68 32 10 69
I understand that the product must be returned, in its original packaging and in perfect condition, within 14 days of my communicating my decision to withdraw.
Signed at ………………….., on ………………………..
Customer’s signature