GENERAL TERMS AND CONDITIONS OF SALE

General Terms and Conditions of Sale (GTCS)

 

Article 1: Scope

These General Terms and Conditions of Sale (hereinafter "GTCS") apply to sales concluded between the company "SAS GERARD TREMBLAY" (hereinafter "the Seller") and any individual of legal age or legal entity that has placed an order with the Seller via the website www.chablis-tremblay.com (hereinafter "the Buyer"). They are accessible on the website www.chablis-tremblay.com (hereinafter "the Site") at any time, and the Buyer may save a copy by downloading it or printing it out. These GTCS set out the full extent of the parties' obligations and are binding upon the Buyer, who acknowledges—by checking the designated box—that they have read and accepted them prior to placing an order. Consequently, confirming an order on the Site constitutes the Buyer’s full, complete, and unreserved acceptance of the GTCS in force on the date of the order, as well as the Site’s legal notices. Any contrary terms or conditions stipulated by the Buyer shall be unenforceable against the Seller—unless the Seller has provided prior, express, written consent—regardless of when such terms may have been brought to the Seller’s attention. The invalidity of any individual contractual clause shall not render these GTCS as a whole invalid. The Seller reserves the right to amend these General Terms and Conditions from time to time. The updated GTCS shall apply as soon as they are published online. These GTCS apply exclusively to the purchase of products featured on the Site, for which delivery is restricted to the territory of Metropolitan France (excluding Corsica).

 

Article 2: Identification of the Seller The products are sold to you by the following company: SAS GERARD TREMBLAY Simplified Joint-Stock Company (Société par Actions Simplifiée) with a capital of 128,970.00 euros Registered office: 12 RUE DE POINCHY – 89800 Chablis SIRET number: 33864674800016 VAT number: FR 86338646748

Contacts: Vincent TREMBLAY - Eleonore TREMBLAY For any information, questions, or complaints regarding these General Terms and Conditions of Sale (GTCS) or the products themselves, the Seller is available to assist you:

By email: gerard.tremblay@wanadoo.fr

By phone: +33 (0)3 86 42 40 98 (charged at the cost of a local call)

By mail: 12 RUE DE POINCHY – 89800 Chablis

 

Article 3: Products

Sales governed by these GTCS concern the products offered on the Site by the Seller. The Seller strives to describe and present the products on the Site with the greatest possible accuracy, enabling the consumer to understand their essential characteristics and price. However, product photographs are not contractually binding. Provided for illustrative purposes only, these photographs do not commit the Seller. The products consist of seventy-five (75) centiliter bottles, sold in cases of six (6) bottles. Orders must therefore be placed in units of 6 bottles, which may include various appellations and vintages. Should the Buyer wish to purchase a format other than 75 centiliters, they must contact the Seller directly via phone, email, or mail. Products are offered subject to availability at the time the order is placed by the Buyer.

 

Article 4: Protection of Minors

As the sale of alcohol to minors is prohibited (Article L.3342-1 of the French Public Health Code), by accessing this website, creating an account, placing an order, or accepting these GTCS, the Buyer certifies that they are of legal age and possess full legal capacity.

 

Article 5: Ordering Procedure

To place an order, the Buyer must follow the steps outlined below: User Account: To place an order on the Site, the Buyer must have a user account. If the Buyer already has an account on the Site, they must enter their email address and password. If the Buyer does not have an account on the Site, they must create one by completing a form that includes certain mandatory fields, enabling the Seller to process their order.

Selecting Products - Shopping Cart: The Buyer may place an order online by selecting products offered on the Site and adding them to their shopping cart. The Buyer may select the desired quantity of each product type (by the bottle), with a minimum of 6 bottles per case. At any time, the Buyer may click on the shopping cart icon on the page to adjust the desired quantities (always in increments of a six-bottle case), remove a product type, or proceed to checkout. Delivery Information: The Buyer must provide the necessary delivery information, including their contact details. The Buyer is solely responsible for the accuracy and completeness of the information provided. Any delays or additional costs resulting from inaccurate or incomplete delivery information shall be borne by the Buyer and will be charged to them. The same applies if the Buyer fails to collect the products from a designated pickup point within the allotted time, resulting in the return of the ordered products. The Buyer may provide only one delivery address per user account; however, this address may be updated for each individual order. Please note that the delivery address provided at the time of placing an order cannot be changed once the order has been confirmed. Choosing a Delivery Method: The Buyer may choose to collect their order in person or have it delivered. Delivery may take 5 to 10 days, depending on payment processing. Order Summary and Payment Method: Before confirming an order, a summary will be displayed, detailing the types and quantities of products ordered, the order subtotal, shipping costs, the total amount including all taxes and shipping fees, and the specified delivery address. The Buyer may pay for their order solely via SWIFT bank transfer. If the payment is accepted, the order is confirmed and is processed by the Seller.

The Seller confirms the order by sending a confirmation email. The order is not considered final until the Buyer has received this confirmation email. The Buyer is advised to check their spam folder if they do not receive the confirmation email—or any other expected communication regarding the placement of an order. The sale is only final once the Buyer has paid the full amount due and has received the order confirmation email. The Buyer may view all their past orders via their order history. If a product requested by the Buyer is unavailable, making it impossible to confirm the order, the Seller will send an email to the Buyer offering two options: - selecting a different type of product; - cancelling the order and receiving a refund. The Seller reserves the right to refuse any order from a Buyer who has failed to pay for a previous order—in whole or in part—or with whom there is an ongoing dispute of any kind.

 

Article 6: Delivery Timeframes and Methods

Delivery is limited to Metropolitan France (excluding Corsica). Products will be delivered to the address provided by the Buyer when placing the order. If an incorrect delivery address is provided, the parcel will be reshipped at the Buyer’s expense. Delivery Methods: The Buyer may choose home delivery. Delivery costs are displayed in the order summary when the Buyer confirms their order. Delivery costs may vary depending on the quantity of products purchased, the delivery location within metropolitan France, and the chosen delivery method. Lead times: Delivery typically takes five (5) to ten (10) business days, with a maximum of thirty (30) business days, calculated from the date payment is received and the order is confirmed.

Delivery: Upon receipt of the order, the Buyer must verify its condition. The Buyer must note any anomalies regarding the delivery or the condition of the products (e.g., damaged items, missing quantities, incorrect products, etc.) on the delivery note, in the form of handwritten reservations accompanied by their signature. This verification is considered complete once the Buyer—or any person authorized by the Buyer—has signed the delivery note. Such reservations and claims must be confirmed to the Seller via postal mail or email within three (3) days of delivery.

 

Article 7: Price

The price displayed next to each product represents the amount required for the purchase of a single bottle of the same quality and vintage. The Seller reserves the right to modify prices at any time but guarantees that the price displayed at the time of the order will be applied, subject to the product’s availability on that date. Prices are displayed in euros (€) and include all applicable taxes. They do not include delivery charges, which are billed separately and specified at the time of the order. The total price must be paid in a single installment at the time the order is placed.

 

Article 8: Payment

Payment Terms: Orders must be paid exclusively via bank transfer, using the bank account details (RIB) provided upon request (for orders placed via email). Data is encrypted during entry and transmission using the SSL protocol (indicated by the appearance of "https" in the URL displayed by your browser). If the amount due cannot be collected for any reason (e.g., refusal by the issuing bank), the order and the online purchasing process will be immediately cancelled.

Retention of Title Clause: The products remain our property until full payment has been received; in the case of payment by bank transfer, this means from the moment the transfer is received by the Seller. The Buyer is merely the possessor of the Products. In the event of non-payment in full, the Seller—who retains ownership of the delivered Products—may demand their return at the Buyer’s expense. The transfer of risk occurs upon delivery, at the moment the goods come into your physical possession or under your control (or the control of a third party authorized by you).

 

Article 9: Legal Warranties

The Seller is legally required to provide a warranty against any lack of conformity in its products, as well as against hidden defects. In the event of a lack of conformity or a hidden defect in the item sold, the Seller is bound by the warranty in accordance with the provisions of the Consumer Code. When invoking the legal warranty of conformity, the consumer: -has a period of two years from the date of delivery of the goods to take action; -may choose between the repair or replacement of the goods, subject to the cost conditions set forth in Article L.217-9 of the Consumer Code; -must provide proof of the existence of the lack of conformity during the twenty-four (24) months following the delivery of the goods, unless the Seller proves otherwise.

This legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Furthermore, the buyer may choose to invoke the guarantee against hidden defects in the item sold, as defined in Article 1641 of the Civil Code. In such a case, the buyer may choose between rescinding the sale or obtaining a reduction in the sale price, in accordance with Article 1644 of the Civil Code. Non-conforming or defective products must be returned to the Seller in their current condition. The Seller shall cover the return shipping costs upon presentation of supporting documentation. It is therefore the Buyer’s responsibility to provide proof of the amount of these return costs. Upon receipt, the Seller may inspect the products in question to determine whether a lack of conformity or a hidden defect exists. If no lack of conformity or hidden defect is found, the Seller reserves the right to contest the claim and refuse to apply the guarantee.

 

Article 10: Right of Withdrawal

The Buyer has a period of fourteen (14) days from the date of receipt of the products to exercise their right of withdrawal. If the fourteen (14) day period expires on a Saturday, Sunday, or a public or non-working holiday, it shall be extended until the next business day.

The Buyer may exercise their right of withdrawal by informing the Seller of their decision to withdraw, using the withdrawal form provided in the appendix below. The Buyer is not required to provide a reason for their decision. As the burden of proof regarding the sending of the withdrawal form and the return of the products lies with the Buyer, it is recommended that the return be sent via a tracked and registered service. The Buyer may return the received item(s) to the Seller within a maximum period of fourteen (14) days following the communication of their decision to withdraw. The Buyer shall bear the costs of returning the goods to the Seller. Products must be returned in their original packaging and in their original condition. Any damage to or depreciation of the product shall render the Buyer liable to the Seller. When the Buyer exercises their right of withdrawal, the Seller shall refund all sums paid, including delivery costs, no later than fourteen (14) days from the date on which the Seller receives the returned products. The refund shall be issued by the Seller using the same payment method as that used by the Buyer for the initial transaction, unless the Buyer expressly agrees to the use of a different payment method. If the Buyer has expressly chosen a specific delivery method that is more expensive than the delivery method offered by the Seller, the Seller is not required to reimburse the additional costs incurred by this specific delivery method.

 

Article 11: Liability

The Seller shall not be held liable for any damage resulting from the use of the internet, technical failures, the loss or theft of the Buyer’s login credentials due to the Buyer’s own negligence or the actions of a third party, any damage linked to unauthorized external intrusion or the presence of computer viruses on the Site, or the fraudulent use of the Buyer’s payment methods by a third party.

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Article 12: Dispute Resolution

These General Terms and Conditions of Sale are governed by French law. In the event of a dispute, the French courts shall have exclusive jurisdiction. Should a disagreement arise between the parties—following an unsuccessful written complaint by the Buyer to the Seller, or in the absence of a response from the Seller within one (1) month—the Buyer may pursue alternative dispute resolution methods. Consumer Dispute Mediation: In accordance with the provisions of the French Consumer Code regarding the "consumer dispute mediation process," if you have contacted us and have not received a satisfactory response, you may, free of charge, seek mediation through: CM2C 49 rue de Ponthieu 75008 PARIS Tel: 01 89 47 00 14 Website: https://www.cm2c.net/declarer-un-litige.php Email: litiges@cm2c.net Online Dispute Resolution Platform: Pursuant to Article 14 of Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes, the European Commission has established an online dispute resolution platform. This platform facilitates the independent, out-of-court settlement of online disputes between consumers and traders within the European Union and can be accessed at the following address: https://webgate.ec.europa.eu/odr/.

APPENDIX: Withdrawal Form (Art. R.121-1 of the French Consumer Code) (Please complete and return this form only if you wish to withdraw from the contract.) To the attention of SAS GERARD TREMBLAY, 12 Rue de Poinchy – 89800 Chablis: I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the item(s) below: Ordered on (*)/received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is submitted on paper): Date: (*) Delete as appropriate.

 

ARTICLE 13 - SITE AVAILABILITY AND SECURITY

The Seller reserves the right to interrupt access to the Site, either temporarily or permanently, and the Buyer may not hold the Seller liable in this regard. Furthermore, the Buyer acknowledges that the availability of the Site is subject to the constraints and risks inherent to the Internet; the Buyer may not hold the Seller liable for any direct or indirect damages resulting from an inability to access the Site or any other form of Site unavailability. The Seller provides secure access to the Site in accordance with standard practices. However, the Buyer acknowledges that the security of the Site is subject to the constraints and risks inherent to the Internet, as well as to the configuration choices made by the Buyer on their own access device, notwithstanding the security measures implemented on the Site. The Buyer shall refrain from any action that could hinder the operation of the Site. Please be advised that any unauthorized access to or interference with an automated data processing system is a criminal offense and may result in both criminal and civil liability for the perpetrator.

 

ARTICLE 14 - INTELLECTUAL PROPERTY

The contract entered into between the Parties does not entail any transfer of rights regarding the trade names, business signs, or trademarks of either the Buyer or the Seller. THE GERARD TREMBLAY SAS BRAND IS A REGISTERED TRADEMARK. Should the Buyer wish to use such trade names or trademarks, they must contact the Seller to formalize their request and obtain the Seller’s express prior consent.

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