Terms and Conditions of Sale (TCS)

1. About these general terms and conditions of sale

These conditions apply to the sale of products offered by the company SARL CAVE DU PALAIS in its shop accessible via the Internet, by email, by phone and by mail. They are automatically made available to the buyer with every sale. Placing an order, by whatever means (mail, email, telephone, Internet), implies the full and unreserved acceptance by the buyer, whether professional or private individual, of these "General Terms and Conditions of Sale" (hereinafter referred to as GTC), to the exclusion of all other documents such as prospectuses, press articles, catalogues or e-mails that may be issued by the seller and which would only be indicative. The fact that the seller does not, at a given moment in the sales transaction, avail himself of one or more provisions of these conditions cannot in any case be interpreted as a waiver of the right to subsequently avail himself of one or more of the said conditions. These GTC may be modified by SARL CAVE DU PALAIS at any time and without prior notice. In accordance with current legislation, any professional buyer is requested to indicate their status before any purchase so that SARL CAVE DU PALAIS can draw up an ad hoc Simplified Accompanying Document (DAS) for the accompanying goods.

 

2. Legal Information

Applicable law:

SARL CAVE DU PALAIS is established in France, these GTC are governed by French law for both substantive and formal rules, excluding the provisions of the Vienna Convention.

 

Protection of minors:

In accordance with Article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, the buyer undertakes, by placing an order with SARL CAVE DU PALAIS, to be eighteen years of age on the date of the order. SARL CAVE DU PALAIS disclaims all responsibility in the event of the buyer's violation of the legal provisions in force, particularly Ordinance No. 59-107 of January 7, 1959, and Law No. 74-631 of July 5, 1974.

 

Alcohol abuse:

Alcohol abuse is dangerous for your health, consume in moderation.

 

Legal information - Brand:

Unregistered brand: Cave du Palais

Email: cavedupalais@gmail.com

Website: www.cavedupalais.shop

 

Legal information - Company and secondary establishments:

Company name: SARL CAVE DU PALAIS, with a share capital of 30,000 euros

Registered office: 7 Place de la Libération, 64000 Pau

Registered in the Pau Trade and Companies Register under No.
52403230700018 RCS

Phone: 0559332691

Email: cavedupalais@gmail.com

Website: www.cavedupalais.shop

 

Disputes:

Complaints or disputes will always be handled with particular attention, good faith being presumed on the part of the buyer who takes the trouble to clearly explain their situation. In the event of a dispute, the buyer must contact SARL CAVE DU PALAIS directly and as a priority to facilitate an amicable solution. Any disputes that may nevertheless arise concerning the application of these GTC for sales to professionals will be under the exclusive jurisdiction of the courts of the registered office of SARL CAVE DU PALAIS. For sales to private individuals, the directives and regulations of the European Union will apply, and more particularly the Brussels Convention.

 

3. Retention of title

All merchandise remains the property of SARL CAVE DU PALAIS, wherever it may be, until full payment of its price and accessories. During the period preceding this payment, the merchandise subject to the order remains the full property of SARL CAVE DU PALAIS, but the buyer assumes the risks upon delivery.

In the event of the delivery of cheques or any other document creating an obligation to pay, payment will only take place and be considered as such at the time of effective collection of the sums due. Any partial payment will be allocated by priority and by right to the unsecured part of SARL CAVE DU PALAIS's claim. In the event of partial or total non-payment of a single installment, the buyer undertakes forthwith to amicably return the delivered goods requested by SARL CAVE DU PALAIS. The goods in stock at the time of the request for return will be deemed to correspond to the unpaid invoices.

 

4. Price

Price:

The prices of SARL CAVE DU PALAIS's deliverable products are indicated and understood (unless there is a typographical error) in Euros (€) including all taxes (VAT amount 20%) – ex-cellar (excluding shipping costs). Prices excluding taxes are generally mentioned for professionals. The prices indicated in the order confirmation are final.

 

Discounts and promotional offers

Discounts and promotional offers granted to individuals cannot be combined.

 

5. Order

Information

The information provided by the buyer when placing the order is binding on the buyer. In case of an error in the recipient's contact details, the seller cannot be held responsible for any inability to deliver the product(s). Any incomplete or visibly erroneous order will not be taken into account by the seller.

 

Order placement

The buyer can place an order by any means (mail, email, telephone, Internet), each order then being subject to written confirmation from the seller and written validation from the buyer.

SARL CAVE DU PALAIS does not impose a minimum order threshold on its private customers, either in terms of volume or amount.

 

Available stock

Any order implies acceptance of the prices and descriptions of the products available for sale. SARL CAVE DU PALAIS undertakes to honor orders received strictly within the limits of available stock and subject to prior sale. In the absence of product availability, SARL CAVE DU PALAIS undertakes to inform the buyer as soon as possible so that the buyer can modify or cancel their order. The unavailability of one or more products in the SARL CAVE DU PALAIS range cannot under any circumstances engage the responsibility of SARL CAVE DU PALAIS or give rise to damages for the buyer.

 

Right of withdrawal

In application of the Consumer Code, the non-professional buyer has a period of 7 clear days from the delivery of their order to return the product to the seller for exchange or refund, without penalty, with the exception of return shipping costs. This request must be made by registered letter with acknowledgment of receipt, accompanied by the product(s) returned in their original packaging, at the buyer's expense. This provision is only applicable on the sole condition that the product packaging and the product itself are not damaged, torn, soiled, or broken. After this 7-day period, no form of exchange or refund will be granted.

 

Order suspension

In case of late payment, SARL CAVE DU PALAIS may suspend the execution of any ongoing order without prejudice to any course of action.

 

6. Collection of goods

The buyer has the option of collecting their purchases directly from our cellar located at 7 Place de La Libération, 64000 Pau. The collection of goods takes place at the buyer's request, 48 hours after SARL CAVE DU PALAIS has received written confirmation of the order accompanied by its payment. Collection takes place during the cellar's opening hours.

 

7. Delivery of goods

Contribution to shipping costs

Shipping costs vary depending on the nature of the order. For individuals, these costs depend on the selected delivery method.

Professionals: quote according to volume and delivery areas. Please contact us.

 

Delivery areas

Deliveries will be honored for addresses in metropolitan France, excluding Corsica. For any delivery to Corsica, overseas departments and territories (DOM TOM) or abroad, please contact us.

 

Conditions

The ordered products are delivered to the address indicated by the buyer. The parcel will be transported to the buyer by a transport provider chosen by SARL CAVE DU PALAIS, depending on the nature and volume of the order. In case of absence during delivery, it is the buyer's responsibility to contact the carrier and SARL CAVE DU PALAIS within a maximum of 7 days.

Deadlines

Deliveries for individuals will take place within a maximum of 96 hours following payment of the order (no departures on Friday, Saturday or Sunday). The ordered products will reach them within two to three days after dispatch. Exceeding these delivery times cannot give rise to damages, deductions or cancellation of current orders. In any event, delivery within the deadlines can only take place if the buyer has provided SARL CAVE DU PALAIS with accurate information regarding the recipient's contact details.

For professionals, these deadlines may vary depending on the volume and place of delivery of the order. Please contact us.

 

Exceptional circumstances

SARL CAVE DU PALAIS cannot be held responsible for losses, damages, errors, or delivery failures if one or more "exceptional" circumstances are established, discharging the seller from its obligations, such as:

- fortuitous events or force majeure, namely in particular: any climatic event (storm, cyclones, earthquakes, floods, etc.) or any other exceptional event (road, maritime, or air accident; embargoes, wars, strikes, etc.);

- any defects or particularities related to the nature of the shipment, even if they were known at the time of acceptance of the order by SARL CAVE DU PALAIS;

- any act, omission, or negligence of any third party, for example: the sender, the recipient, any interested third party, any administrative employee, any postal services, any carrier, or any other third party to whom the shipment would be entrusted by our transport provider to serve areas not directly served by it, even if the sender had not requested or been informed of the use of a third party;

- any damage caused by electrical or magnetic phenomena.

 

8. Complaints

Damage or breakage during shipment

If a package arrives damaged (broken bottle(s)) at the recipient's address, the recipient must refuse the package from the carrier and inform SARL CAVE DU PALAIS within 48 hours by email or phone with email receipt acknowledgment. The buyer will then be contacted to define the terms of reshipment of the package. Although insured, goods are always transported at the recipient's risk. It is solely up to the recipients to make all necessary observations upon receipt of the merchandise.

Under no circumstances can SARL CAVE DU PALAIS be held responsible for deterioration in the quality of the products and their packaging caused by transport.

 

Corked taste and wine defects

The exchange of corked bottles will be carried out as far as possible, without any guarantee and according to the availability and stocks of SARL CAVE DU PALAIS and its suppliers. The exchange can only take place after SARL CAVE DU PALAIS has noted the defect - the original bottle with its cork and adequately filled must be presented. The bottle must be presented as quickly as possible to minimize exchange with oxygen. The exchange does not constitute any right for the buyer.

 

Non-compliance

In case of non-conformity of the delivered product(s) with the ordered product(s), the delivered product(s) must be returned to SARL CAVE DU PALAIS in their original packaging within 48 hours (excluding weekends). The buyer will obtain a full refund of the shipping costs related to the return of the goods. In the event of a duly established non-conforming delivery, the buyer may obtain the delivery of the ordered products in accordance with the order, the issuance of a credit note, or the refund of the product(s) and delivery and return costs. The photographs of the products in the SARL CAVE DU PALAIS range are given for illustrative purposes only and are non-contractual.

 

9. Payment

Payment method

Payment for goods can be made either by cheque payable to SARL CAVE DU PALAIS, or via the website with PAYPLUG, or Shopify Payments, or by bank transfer to our bank account with the following references: LCL PAU MERMOZ

Bank Code: 30002

Branch Code: 03535

Account Number: 0000070981J

Key: 80

BIC / SWIFT Code: CRLYFRPP

IBAN: FR66 3000 2035 3500 0007 0981 J80

 

SARL CAVE DU PALAIS reserves the right to request payment by bank transfer for any order. The buyer guarantees SARL CAVE DU PALAIS that they have the necessary authorisations to use the chosen payment method.

 

Payment terms

For individuals, payment is made in full at the time of order. For professionals, payment is made within a maximum of 30 days after the day of delivery.

 

Late payment

In case of late payment, in accordance with article L 441-6 of the French Commercial Code, compensation calculated on the basis of three times the legal interest rate in force will be due.

For professionals, in case of late payment, a fixed compensation of €40 will be charged in addition for collection costs (Decree n°2012-1115 of 2/10/2012).

 

Litigation

Any invoice recovered by legal action will be increased, as a non-reducible penalty clause within the meaning of Article 1229 of the Civil Code, by a lump-sum indemnity amounting to 15% of the order amount, without prejudice to late payment interest and damages.

 

Contract termination

In the event of default of payment by the buyer at the agreed due date and one month after an unsuccessful formal notice, the sale will be automatically terminated if the seller deems it appropriate, with restitution of the down payments made by the buyer and the possibility for the seller to request in summary proceedings the restitution of any products already delivered, without prejudice to other damages.

 

10. Personal Data and Privacy Policy (to read our full privacy policy, follow this link)

To meet customer needs and ensure optimal remote service, customers must provide certain personal data. The mandatory data includes first name, last name, postal address, email address, and phone number.

In accordance with Article 27 of Law No. 78-17 of January 6, 1978 "Informatique et libertés" (Data Protection Act), the customer has a right to access, modify, rectify, and delete data concerning them. This can be done by email: cavedupalais@gmail.com; by mail: SARL Cave du Palais, 7 Place de la Libération, 64000 Pau, or by phone: 00 33 (0)5 59 33 26 91.

SARL CAVE DU PALAIS undertakes to secure and keep strictly confidential the personal information transmitted by its customers.

By accepting the General Terms and Conditions of Sale, the customer acknowledges having read CAVE DU PALAIS's personal data protection policy.