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GENERAL TERMS AND CONDITIONS OF DISTANCE SELLING OF CHÂTEAU DE LA NEGLY
Updated on 05/22/2019
1. HEALTH MESSAGE: THE SALE AND SUPPLY OF ALCOHOL TO MINORS
IS PROHIBITED.
The sale of our wines is exclusively reserved for individuals who are 18 years old.
elapsed as of the date of the order, which the Client declares on their honor. The consumption of our wines must remain moderate, reasonable, and responsible. ALCOHOL ABUSE IS INDEED DANGEROUS FOR HEALTH, TO BE CONSUMED IN MODERATION.
2. CONCERNED CLIENTS – ENFORCEABILITY
2.1 These general terms and conditions (hereinafter GTC) govern the contractual relationships for any purchase of bottled wine at a distance (Internet, by phone, by email, and by fax) and intended for France (excluding the DOM/COM and Corsica), particularly from the e-commerce site, and this between:
The limited liability company Château de la Négly, with a capital of 196,028 euros,
registered with the RCS of NARBONNE under the number 333 554 095, with its head office located at Domaine de la Négly 11560 FLEURY, represented by its manager, Mr. Jean PAUX-ROSSET, VAT number FR 43 433 841 111
The Director of Publication of the site is JEAN PAUX ROSSET.
Who has professional liability insurance with MARTY COUISSAC AXA LEZIGNAN CORBIERES?
Whose customer service is reachable at the following hours and conditions:
from Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 5 p.m.
phone number 04.68.32.41.50,
fax number: 04.68.32.10.69,
email address: boutique@lanegly.fr
Whose activity is the retail sale of wine partly through its website.
https://www.lanegly.com/
hereinafter referred to as "Château de la Négly", and on the other hand,
Individuals of legal age who are non-traders and domiciled in Metropolitan France wishing to make a purchase via the site solely for their reasonable and responsible personal consumption, excluding any use for commercial or professional purposes, hereinafter referred to as "the Client".
2.2 The Client declares having read the general terms and conditions of sale and having accepted them by checking the box provided for this purpose before initiating the online ordering procedure described in Article 4 "Order".
Placing an order and clicking on the "Order and Pay" tab implies
the Client's full and unconditional acceptance of the GTC, to the exclusion of all other documents such as brochures, press releases, catalogs, or emails issued by the seller, which are only indicative.
The GTC are accessible at any time on the Site and will prevail, if applicable, over any other version or contradictory document. As the GTC may be subject to subsequent modifications, the version applicable to the sale is the one in force on the Site at the date the order is placed. If any of the terms of the GTC is considered illegal or unenforceable by a court decision, the other provisions remain in effect.
3. INFORMATION ABOUT OUR WINES
3.1 The wines offered (hereinafter referred to as the Product or Products) are those listed on the Site. Each Product is accompanied by a description of its essential characteristics, provided by Château de la Négly. The Client is required to review this information before placing any order. The choice and purchase of a Product is the sole responsibility of the Client.
The photographs on the Site are as accurate as possible but cannot guarantee a perfect resemblance to the Product offered and cannot hold Château de la Négly liable.
3.2 The wines of Château de la Négly are biologically living products, meaning they evolve over time, particularly in terms of color and taste. Therefore, this evolution of the wines cannot be held against Château de la Négly by the Client.
3.3 Château de la Négly draws the Client's attention to the storage conditions.
and the following storage:
- store in a dry place, away from light, without significant temperature variations (average of 17°C) or thermal shock, away from all chemical products.
- shelf life:
Bottles of red: 3 to 10 years
Bottles of white: 2 to 5 years
Bottles of rosé: 1 to 3 years
4. ORDERS
4.1 – The Steps
Orders are placed on our store accessible via the Internet according to the following steps:
- the Customer fills their shopping cart with products,
- the Client clicks on the "View Cart" tab ;
- the Client clicks on the "Payment" tab ;
- the Client creates their account or logs in if they have already created an account ;
– the Client provides the information regarding their delivery details ;
- the Client is informed about the delivery method and the amount of the delivery fees ;
- the Client chooses their payment method, their order, and clicks on "CONTINUE" ;
- the Client accepts the GTC: they declare having read and accepted the GTC by checking the box
"I have read and accept the T&Cs;" ;
– the Client confirms their order by clicking on the "Order and Pay" tab;
- the Client is redirected to make their payment request using security tools
the following payments: CARTE BLEU (VISA, MASTERCARD) and PAYPAL
– finally, the Client receives an email confirming their order.
The Client is required to verify the completeness and accuracy of the information they provide to Château de la Négly when placing an order, particularly their delivery address and email address. The order confirmation email signifies Château de la Négly's acceptance of the Client's order and thus forms the sales contract between the parties.
The information provided by the Client, along with the General Terms and Conditions of Sale, form the contract concluded between the Client and Château de la Négly and will be reiterated in the order confirmation email.
4.2 – Modification of the order
Any modification of the order after confirmation is subject to the express acceptance of Château de la Négly.
4.3 – The proof
The double click by the Client on the order form title constitutes an electronic signature which has the same value as a handwritten signature between the parties. By clicking on the box "I have read and accept the GTC" and on the "Order and Pay" icon at the end of the ordering process, the Client irrevocably declares acceptance of the placed order, the related delivery charges, as well as the entirety of the GTC applicable to this order, fully and without reservation.
The computerized records, stored in Château de la Négly's computer systems under reasonable security conditions, will be considered as evidence of communications, orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence. Château de la Négly recommends that the Client retain this information on a paper document or electronically.
4.4 – The quantities
The Client can order from one (1) bottle to a maximum of forty-eight (48) bottles. Beyond that, the Client must first contact Château de la Négly.
4.5 – Waiver of Inspection
Any order accepted by Château de la Négly forms the contract between Château de la Négly and its Clients. Consequently, by the mere act of placing an order, the Client expressly waives the benefit of articles 1585 and 1587 of the civil code relating to the approval of wine.
4.6- Order Control
Given the increase in reported fraud in the context of online commerce and in order to secure payments, for any order placed by a Customer on the site https://www.lanegly.com Château de la Négly will conduct a review of the order elements before delivery. Château de la Négly reserves the right to cancel any orders that are non-compliant or suspicious, as well as those from a Client with whom there is any kind of dispute. Château de la Négly reserves the right to refuse any order for legitimate reasons, particularly in cases where the quantities ordered are abnormally high compared to the quantities usually ordered by Clients as consumers.
5. PRICE
For any order, the applicable prices are those indicated in Euros (€) including all taxes: VAT, excise duties, and more generally all duties or taxes that may be applicable to the sale of wine by Château de la Négly. The prices do not include communication costs related to the use of the website, fax, telephone, and any means allowing remote ordering, the amount of which depends on the subscription taken out by each Client.
Château de la Négly reserves the right to modify its prices at any time, with the understanding that the price listed on the Site on the day of the order will be the only one applicable to the Customer.
The payment of the price is made in full on the day the order is placed by the Client, who must pay for their orders by credit card (Carte Bleue, Visa Card, American Express, Mastercard); the credit card must be issued in France by a bank domiciled in Metropolitan France. Regardless of the type of credit card used, the Client guarantees that they are the holder, that they are fully authorized to use it for the payment of their order, and that this payment method provides access to sufficient funds to cover the full price of their order, including costs resulting from the use of services offered on the Website. The wines remain the property of Château de la Négly until full payment of the price. In the absence of full payment, Château de la Négly may rightfully demand the return of the wines. The costs incurred for this return will be borne by the Client.
6. DELIVERY
6-1 – Information
The delivery of the Products within the timeframes indicated below can only occur if the Client has provided Château de la Négly with accurate information regarding the recipient's contact details: Name, first name, address, postal code, city, country, door codes, landline number, mobile phone number. In the event of incorrect or missing information at the time of order, Château de la Négly cannot be held responsible for the inability to deliver the products at the desired place and time.
6-2 – Deadlines
a) The delivery times vary between 2 and 5 business days from the order date, depending on the delivery method chosen by the Client. This period starts from the day after the Client has submitted their order to Château de la Négly.
These delivery times are indicative.
However, if delivery is not made by the expiration of the maximum 30-day period, the Client may formally request Château de la Négly to deliver the product within a reasonable time frame via email, regular mail, or registered mail with acknowledgment of receipt.
In the absence of this new delivery deadline, the Client may cancel the contract (Article L. 138-2 of the Consumer Code) by registered letter with acknowledgment of receipt, by email, or by simple 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 executed between the sending of the letter by the consumer and its receipt.
In accordance with Article L. 138-3 of the Consumer Code, when the contract is terminated under these conditions, Château de la Négly is required to reimburse the Client for the full amount paid, no later than fourteen days following the date on which the contract was terminated.
6-3 – Terms and Conditions
Our company primarily works with the following transport providers: Geodis France Express, Chronopost (La Poste)
- Deliveries are made only on the ground floor, never upstairs, and for buildings, in the building lobby (not in front of the apartment door).
You have the choice between the following delivery options:
Delivery to the Client's home: this delivery is carried out within a period of 48 to 72 hours from the time of order. (Indicative timeframes for Metropolitan France excluding weekends and public holidays).
The Client will be notified under the following conditions: by phone
The Client is notified by the Carrier by phone to agree on a delivery day between Monday and Friday, for delivery during the day (from 9:00 AM to 5:00 PM).
If the Client is not present at the agreed time of delivery, the delivery driver will leave a notice in the mailbox so that the Client can contact the Carrier to arrange a new delivery (available slots from Monday to Friday from 9:00 am to 5:00 pm).
In case of absence on the second presentation, the merchandise will be returned after
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 Client. Once the order arrives at the delivery agency, the Client will receive an email or SMS from the Carrier inviting them to choose their delivery date via email and/or SMS within a time slot from 9:00 AM to 5:00 PM, Monday to Friday.
Appointment scheduling period possible within two weeks from the receipt of the appointment email and/or SMS.
First available appointment slot: the day after the arrival of your order at the delivery agency.
The Client will be able to track their order via email or SMS notifications, according to their choice. After three (3) days following the arrival at the delivery agency, if no appointment is made, the Client will receive a reminder by email and/or SMS from the Carrier.
After eight (8) days without the Client scheduling an appointment, the Carrier alone decides on a delivery date and time slot (between 9:00 AM and 5:00 PM, Monday to Friday) and informs the Client. If the Client is not present at the time of delivery, the products will be returned to Château de la Négly.
In this scenario, the Client will give their instructions to the Château de la Négly.
6-4 – Reception
Given the value of the Products and their sensitive nature, it is the Client's responsibility to verify them in the presence of the Carrier. Procedure to follow:
– Upon receiving the home delivery order, the Client must unpack the package and check its contents.
- If the Products are damaged, the Customer must refuse the package by noting the observed damages on the delivery slip.
– In case the Carrier refuses to assist with the unpacking, note on the delivery slip: "Delivery with reservations due to the Carrier's refusal to remain during the inspection of the package."
ATTENTION: If the Client accepts the package without inspection or reservation, it will be considered as undamaged and no claims can be made afterwards.
6-5 – Delivery issues
a) due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of handwritten reservations accompanied by the Client's signature. The Client must also confirm this anomaly by sending a registered letter with acknowledgment of receipt to the carrier within two (2) business days following the delivery date, detailing the said claims.
The Client must send a copy of this letter by fax or regular mail to:
Château de la Négly Customer Service, Domaine de la Négly, 11560 FLEURY France If the Customer does not express any reservations, the delivered product is deemed satisfactory and cannot be subject to any subsequent dispute in this regard. For example, the Customer cannot express reservations either to Château de la Négly or to the carrier after their departure, even if the package was not opened in their presence.
b) error
The Client must submit any claim of delivery error and/or non-conformity of the products in nature or quality compared to the indications on the order form to Château de la Négly on the day of delivery or at the latest on the first working day following the delivery. This claim can be submitted to Château de la Négly:
as a priority by phone at 04.68.32.41.50 from Monday to Friday from 8 am to 12 pm and 2 pm to 5 pm.
or through the "contact us" menu, clearly specifying the order reference.
In the event of a delivery error or 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 MOON ROAD
11100 NARBONNE
France
6-6 – Transfer of risks
The delivery will be carried out by a Carrier selected by Château de la Négly to the delivery address mentioned by the Client.
In this case, any risk of loss or damage to the products will be transferred to the Client at the moment when the Client or a third party designated by them (other than the Carrier proposed by Château de la Négly) physically takes possession of these products.
If the Client entrusts the delivery of the product to a carrier other than those proposed by Château de la Négly and Château de la Négly accepts this request, the risk of loss or damage to the product will be transferred to the Client upon delivery of the product to the said carrier.
7. AVAILABILITY OF WINES
In the event of non-performance of the contract by Château de la Négly due to the total or partial unavailability of the wine(s) after the order has been placed, the Client will be informed by email of the delivery of a partial order or the cancellation of the order. In this case, Château de la Négly reserves the right to provide a Product of equivalent quality and price, subject to the Client's agreement. The Client will have the choice:
- to accept a longer delivery time when restocking is possible ;
- to order another equivalent product on the Site as a replacement ;
– to cancel the order. Château de la Négly will proceed with the refund of the order according to the following terms:
o If the Product that became unavailable was the only item in the order, Château de la Négly will refund the entire order, including the shipping costs.
o If the Product that became unavailable was only part of the ordered Products but the Customer wishes to cancel the entire order, Château de la Négly will refund the entire order, including the shipping costs.
o If the Product that became unavailable was only part of the ordered products and the Client accepts the delivery of the other Products, Château de la Négly will refund the price of the product that became unavailable, excluding shipping costs, if applicable, considering the flat-rate nature of these costs. Château de la Négly commits to refunding the corresponding amount without delay and, at the latest, within thirty (30) days of the payment of the amounts paid by the Client. The refund will be made by credit to the Client's bank account.
8. RIGHT OF WITHDRAWAL
8-1 – Content
The Client has the right to withdraw from this contract without giving any reason within a period of fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the Client or a third party other than the carrier and designated by the Client takes physical possession of the product. To exercise the right of withdrawal, the Client must notify Château de la Négly, 16 ROUTE DE LUNES 11100 NARBONNE, fax number 04.68.32.10.69, email: boutique@lanegly.fr, and in particular by using the form attached in Appendix 1, 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 comply with the withdrawal period, it is sufficient for the Client to send their communication regarding the exercise of the right of withdrawal before the withdrawal period expires, specifying that they are returning the product under their right of withdrawal, indicating the nature of the product, the order and receipt date, or by attaching their sales invoice or order form.
The Client agrees to return products that are intact, complete, unopened, in perfect resale condition, accompanied by all accessories or documentation.
8-2 – Effects
In the event of withdrawal by the Client from this contract, Château La Négly will refund the payments received from the Client, including delivery costs (except for additional costs arising from the Client choosing, if applicable, a delivery method other than the less expensive standard delivery method offered by Château La Négly) without undue delay and, in any case, no later than fourteen (14) days from the day Château La Négly is informed of the Client's decision to withdraw from this contract.
However, Château de la Négly may defer the refund until it has received the Product or until the Client has provided proof of shipment of the Product, whichever of these events occurs first.
Château de La Négly will proceed with the refund using the same payment method that the Client used for the initial transaction, unless the Client expressly agrees to a different method; in any case, this refund will not incur any fees for the Client.
The Client must return or deliver the Product to Château La Négly or to GEODIS Calberson Narbonne, avenue de croix sud 11100 Narbonne. 04.68.42.37.00 without undue delay and, in any event, no later than fourteen (14) days after the Client has communicated their
withdrawal decision from this contract. This period is considered respected if the Client returns the product before the expiration of the fourteen (14) day period.
The Client will be responsible for the direct return shipping costs of the product. The product must be returned via CHRONOPOST to Château de la Négly, 16 ROUTE DE
LUNES 11100 NARBONNE or by carrier. These costs are estimated at a maximum of approximately 30EUR. The Product must be returned properly protected, in its original packaging, in perfect resale condition (not damaged, spoiled, or soiled).
The Client must retain proof of the parcel's deposit with the service provider responsible for the return. In the event of a dispute, the proof of shipment lies with the Client. Without this proof, no exchange or refund can be made in case of parcel loss.
In the event of exercising the right of withdrawal, the Client has the choice to request either a refund of the amounts paid or an exchange of the Product. In the case of an exchange, the reshipment will be at the Client's expense.
8-3 Exception to the right of withdrawal
In accordance with Article L 120-20-2 2°) of the Consumer Code and Directive 2011/83/EU of October 25, 2011, custom-made products created according to the Client's specifications or clearly personalized, 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 cannot be returned or exchanged.
9. LEGAL GUARANTEES
In accordance with the legal provisions in force, the Products provided by Château de la Négly benefit by right and without additional payment, independently of the right of withdrawal, from the legal guarantee of conformity under the conditions of Article 211-4 and following of the Consumer Code for Products that are apparently defective, damaged, or do not correspond to the order, and from the legal guarantee against hidden defects provided for in Articles 1641 and following of the Civil Code.
When the Client acts under the legal guarantee of conformity, they:
ï Benefits from a period of two years from the delivery of the goods to take action ;
You can choose between the repair or replacement of the item, subject to the cost conditions provided by Article 211-9 of the Consumer Code ;
Is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
This legal warranty applies independently of any commercial warranty that may be offered by Château de la Négly. The Client benefits from the warranty against hidden defects of the sold item as per Article 1641 of the Civil Code. In this case, they can choose between the cancellation of the sale and a reduction of the sale price in accordance with Article 1644 of the Civil Code.
9-1 – Legal guarantee of conformity
The Client noticing a lack of conformity in the delivered wine has a period of two (2) years from the delivery of the product to assert this warranty with Château de la Négly. Once this period has passed, the Client will no longer be able to take action against Château de la Négly based on this legal warranty of conformity.
The provisions of the Consumer Code provide for this purpose that:
Article L211-4 of the Consumer Code: is required to deliver a good 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, assembly instructions, or installation when these have been assigned to it by the contract or have been carried out under its responsibility.
Article L211-5 Consumer Code: To be in conformity with the contract, the good must: "1° - Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the seller has presented to the Client in the form of a sample or model
– present the qualities that a buyer can legitimately expect in light of the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling
2° – Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Client, made known to Château de la Négly and accepted by the latter.
Article L211-12 Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. However, the Customer cannot contest the conformity by invoking a defect that they knew or could not have been unaware of when they contracted, or the fact that the Product does not correspond to a specific use sought that was not brought to the attention of Château de la Négly.
Furthermore, the warranty is excluded for any defects, damages, or anomalies that did not exist at the time of delivery of the Product and are caused, in particular, by abnormal use or storage of the Products by the Customer.
9-2 – Warranty for Hidden Defects
The Client noticing a defect in the delivered wines that makes them unfit for use has a period of two (2) years from the discovery of the defect to assert this warranty with Château de la Négly.
After this period, the Client will be deemed to have accepted the delivered wine and will no longer be able to invoke this guarantee with Château de la Négly.
The provisions of the Civil Code provide for this purpose that:
"1° – Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the item sold that render it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would not have..."
given a lower price, if he had known them.
2° – Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must
"be initiated by the buyer within two years from the discovery of the defect." Château de la Négly guarantees all the harmful consequences of defects and hidden flaws that the Products sold may reveal, provided that these are reported without delay to Château de la Négly and in any case within two years from the discovery of the defect. Upon delivery of the order, the Client is required to inspect the Products. Château de la Négly will not be held responsible for defects that the Client could have detected after an apparent examination of the delivered Product.
All deteriorations, including aesthetic ones, resulting from defects or hidden flaws that may appear during use and which the Client could not have been aware of at the time of delivery are covered by the warranty, provided they render the Product unfit for its intended use.
to which it is intended, or to diminish this use so much that the Client would not have acquired it, or would have paid a lower price if they had known.
In any case, the Client must provide proof of the existence of the hidden defect on the day of the Product's delivery.
9-3 – Repayment period
In the event of a refund, Château de la Négly commits to reimbursing the payments received from the Client within thirty (30) days following their request. For any such request, the Client must contact Customer Service through the dedicated section of the Website, or by phone at the number provided herein.
These provisions are not exclusive of the right of withdrawal defined in Article 8 above.
10. CLIENT DATA
The personal data collected on the Site will be subject to computer processing. The Client is invited to refer to the "Privacy Policy" section of the Site to obtain all information related to this point. The information collected by Château de la Négly about the Client (personal data) during any purchase on the Site is necessary for transactions and is used by Château de la Négly and transferred to its carriers for the purposes of the sale. Château de la Négly complies with the rules set out in Article L34-5 of the Postal and Electronic Communications Code, which requires the prior express collection of your consent for the sending of commercial prospecting by electronic means (email or SMS). Thus, the Client can choose to subscribe to the Château de la Négly newsletter. Furthermore, during the order confirmation, the Client is expressly asked for their
consent: • to receive promotional emails from Château de la Négly; There is an exception in the case where the Client, without having given prior consent, can still be approached as long as they are already a client of Château de la Négly and the purpose of the solicitation is to offer similar products or services. The Client is therefore informed that Château de la Négly may use their email address or SMS for solicitation purposes to offer similar products or services. In any case, the concerned Person has the option to withdraw their consent and object to receiving these solicitations free of charge by taking the following actions: • 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 January 6, 1978, Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, as well as Regulation (EU) No. 2016/679 of April 27, 2016 (GDPR), the Client has the right to access, rectify, oppose, and delete personal data concerning them by writing to:
– by mail and by providing proof of identity to Château de la Négly, Domaine de la Négly 11560 FLEURY.
– by email at the following address: boutique@lanegly.fr
11. INTELLECTUAL AND INDUSTRIAL PROPERTY
11-1- Château de la Négly holds the copyrights, trademarks, distinctive signs, and more generally, the intellectual and industrial property rights related to Château de la Négly.
11-2- Château de la Négly is the producer and owner of all or part of the databases comprising the website, including texts, images, videos, graphics, logos, etc. These databases are notably protected under copyright law.
11-3- Any violation of these rights by the Client (total or partial reproduction; filing, etc.) constitutes acts of infringement and leads to civil and criminal actions before the competent courts.
12. FORCE MAJEURE
The Client and Château de la Négly cannot be held responsible if the non-performance or delay in the performance of any of their obligations, as described herein, results from a force majeure event, as defined in Article 1218 of the Civil Code. The party affected by such circumstances will notify the other within ten business days from the date it becomes aware of them. The two parties will then come together within a month, unless impossible due to the force majeure event, to examine the impact of the event and agree on the conditions under which the contract will be executed.
will be continued. If the force majeure event lasts longer than three months, these general conditions may be terminated by the aggrieved party.
13. UNFORESEEN EVENTS
The Client and Château de la Négly expressly agree to exclude the provisions of Article 1195 of the Civil Code, which notably state that "if an unforeseeable change of circumstances at the time of the conclusion of the contract makes the execution excessively onerous for a party that had not agreed to assume the risk, that party may request a renegotiation of the contract with its co-contractor.". […] "
14. AMICABLE SETTLEMENT OF DISPUTES
In the event of a dispute, Château de la Négly will make every effort to resolve it amicably within the framework of these general terms and conditions of sale. Any disputes arising from the purchase and sale operations concluded under these GTC, concerning their validity, interpretation, execution, termination, consequences, and aftermath, which could not be resolved between the seller and the Client, will be submitted to the competent courts under the conditions of common law.
The Client is informed that, in any case, they can resort to consumer mediation and any alternative dispute resolution methods (such as conciliation) in the event of a dispute. The Client thus has the option to have their request reviewed by a mediator. This mediation process is entirely free, with Château de la Négly covering the mediation costs. However, both Château de la Négly and the Client may be assisted, at their own expense, by a consultant or an expert.
Furthermore, 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=FR
As a last resort and in the event of failure of the previous approaches, 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 Client's place of residence or, at the claimant's choice, the place of actual delivery of the Product. The Client may also bring the matter before the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event.
ANNEX 1 WITHDRAWAL FORM
Articles L. 121-21 to L. 121-21-8 of the Consumer Code
To the attention of SARL Château de la Négly
Type of wine: ……………………………………………………Ordered on:
I'm sorry, but it seems that the text you provided is incomplete or consists only of punctuation marks. Could you please provide the text you would like translated?
Order number: …………………………………………………
Client's first and last name: ........................................................
Client address: ………………………………………………………….
................................................................
Hereby, I notify you of my withdrawal from the contract concerning the sale of the property below, within the legal period of 14 days from the receipt of the property, according to the following terms:
- Address: Château la Négly 16 Route de Lunes 11100 Narbonne
- Email: boutique@lanegly.fr
- Fax: 04.68.32.10.69
I have noted that the product must be returned in its original packaging and in perfect condition within 14 days from the communication of my decision to withdraw.
Made in ………………….., on ………………………..
Client's signature