GENERAL TERMS AND CONDITIONS OF SALE AND USE OF THE WEBSITE
ARTICLE 1. LEGAL NOTICES
1.1.PUBLISHER
You are currently connected to the website www.chateaupaloumey.comwww.chateaupaloumey.com, edited by Château Paloumey, SA, share capital €1,502,100, RCS Bordeaux: 353 653 421, registered office: 50 rue Pouge de Beau, 33290 Ludon-Médoc, France, phone: +33557880066, email: info@chateaupaloumey.com, intra-community VAT number: FR 77 353653421, publishing director and responsible for the content: Pierre CAZENEUVE.
1.2.Hosting
The Website is hosted by OVH, registered office: 2 rue Kellermann BP 80157, 59053 Roubaix Cedex 1, phone: +33820698765.
ARTICLE 2.DEFINITIONS
“Client“: any person, natural or legal, private or public, registered on the Website.
“ChateauPaloumey.com“: Château Paloumey, SA, acting as the editor of the Website.
“User“: any person, natural or legal, private or public, accessing the Website.
“Service“: service provided by ChateauPaloumey.com consisting of the organization of wine tourism activities.
“Product“: goods sold on the Website by ChateauPaloumey.com, particularly wines.
“Website“: internet site accessible at the URL www.chateaupaloumey.com, including sub-sites, mirror sites, portals, and related URL variations.
ARTICLE 3.SCOPE
The Website is freely accessible and free of charge to all Users. Navigation on the Website implies the acceptance of these general terms and conditions by all Users. Simply connecting to the Website will entail full acceptance of these general terms and conditions.
When purchasing a Product or a Service, this acceptance will be confirmed by checking the box corresponding to the following sentence: “I acknowledge that I have read and accepted the general terms and conditions of sale and use. By checking the box, the User acknowledges having fully read and accepted these general terms and conditions without restriction.
Checking the aforementioned box will be considered equivalent to a handwritten signature by the User. The User acknowledges the evidentiary value of ChateauPaloumey.com’s automatic registration systems and, unless they can provide contrary evidence, waives the right to contest them in the event of a dispute.
These general terms and conditions apply to the relationships between the parties, excluding all other conditions, especially those of the User.
The acceptance of these general terms and conditions by Users implies that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, or the legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal entity.
In accordance with current regulations, it is reminded that the abuse of alcohol is dangerous to health and must be consumed in moderation, that alcohol should not be consumed by pregnant women, and that the sale of alcohol is prohibited to minors.
ARTICLE 4.DESCRIPTION OF SERVICES
4.1.PURPOSE OF THE WEBSITE
The purpose of the Website is the sale of Products and Services to Clients.
4.2.SERVICES
4.2.1.Reservations of Services
ChateauPaloumey.com offers Clients the possibility to book Services. These Services are available to adults and children, however, certain specific activities, such as wine tasting, are exclusively reserved for adults. If applicable, the exclusivity of access to adult-only Services will be specified on the Website. The reservation of Services is made in accordance with the provisions of Article 5 of these general terms and conditions.
4.2.2.Client’s Obligations
The Client assures that they have read, prior to the reservation of the Service, the characteristics of the Service. The Client agrees to make correct and proper use of the Services. The Client agrees to use the information regarding the Services made available to them solely for their own needs and for the purposes specified in this agreement.
4.2.3.Cancellation of a Service by the Client
The Client can cancel a Service by informing ChateauPaloumey.com by phone at 0557880066 or by email at info@chateaupaloumey.com, subject to giving 72 hours’ notice. In case of failure to comply with the notice period, the price of the Services is due to ChateauPaloumey.com.
4.2.4.Cancellation of a Service by ChateauPaloumey.com
In the event of impediment or absence, ChateauPaloumey.com undertakes to propose a solution to carry out the reserved Service. However, if ChateauPaloumey.com is unable to provide the agreed Service, the Service not performed will not be billed to the Client, who will not be entitled to any compensation for the impediment caused by ChateauPaloumey.com.
ARTICLE 5.ORDER PROCESS
5.1.ORDER
To place an order, Users will be able to select one or more Products and/or Services and add them to their cart. The availability of Products and/or Services is indicated on the Website, in the description of each item. Once their order is complete, they can access their cart by clicking on the corresponding button.
5.2.ORDER VALIDATION BY THE USER
When reviewing their cart, Users will have the option to verify the quantity and nature of the selected Products and/or Services and review their unit price as well as their total price. They will have the possibility to remove one or more Products and/or Services from their cart.
f they are satisfied with their order, Users can validate it. They will then access a form in which they can either enter their login details if they already have an account or register on the Website by completing the registration form with their personal information.
5.3.PAYMENT BY THE CLIENT
Once they are logged in or after they have completed the registration form, Clients will be asked to check or modify their delivery and billing information, and then they will be prompted to make their payment by being redirected to the secure payment interface with the mention “order with payment obligation” or any similar formula.
5.4.CONFIRMATION OF THE ORDER BY CHATEAUPALOUMEY.COM
Once the payment is received by ChateauPaloumey.com, the latter undertakes to acknowledge receipt to the Client by electronic means, within a maximum of 24 business hours. Within the same timeframe, ChateauPaloumey.com undertakes to send the Client a summary email of the order and confirm its processing, including all relevant information.
ARTICLE 6.PRICE – PAYMENT
6.1.PRICE
The prices applicable are those displayed on the Website on the day of the order. These prices may be modified at any time by ChateauPaloumey.com. The displayed prices are only valid on the day of the order and do not have any future effect.
The prices indicated on the Website are in euros, all taxes included, excluding delivery charges
6.2.PAYMENT METHOD
The Client can make their payment by credit card, bank check, and PayPal. Payments by credit card are made through secure transactions provided by CIC.
In the context of credit card payments, ChateauPaloumey.com does not have access to any data related to the Client’s payment methods. The payment is made directly between the hands of the banking institution.
In case of payment by bank check, the delivery period starts running only from the date of the check’s payment clearance by ChateauPaloumey.com.
6.3.INVOICING
ChateauPaloumey.com will send or make available an electronic invoice to the Client after each payment. The Client expressly agrees to receive invoices electronically.
6.4.DEFAULT OF PAYMENT
The agreed payment dates cannot be delayed for any reason, including in case of dispute.
Any amount unpaid by the due date will automatically and without notice incur late payment penalties calculated at a rate equal to 3 times the legal interest rate, without prejudice to the immediate enforceability of the principal sums owed.
Furthermore, any delay in payment will result in the invoicing of a collection fee of 40 euros to the defaulting Client, with all outstanding amounts becoming immediately due regardless of any agreed terms, and subject to an indemnity equal to 20% of the amount as a penalty clause. ChateauPaloumey.com also reserves the right to unilaterally terminate the contract due to the Client’s breach.
6.5.RETENTION OF TITLE
The Products sold remain the property of ChateauPaloumey.com until full payment of their price, in accordance with the retention of title clause as stipulated herein.
ARTICLE 7.COMPLAINT – WITHDRAWAL – WARRANTY
7.1.CUSTOMER SERVICE
The Site’s customer service is available from Monday to Friday, from 9:00 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:30 p.m. at the following non-premium rate telephone number: 05.57.88.00.66, by email at: info@chateaupaloumey.com or by postal mail at the address indicated in Article 1 of these terms and conditions. In both cases, ChateauPaloumey.com undertakes to respond within 1 working day.
7.2.WAIVER OF AGREEMENT
The parties expressly waive the right known as “agréage” provided for in Article 1587 of the Civil Code.
7.3.RIGHT OF WITHDRAWAL – DISTANCE SELLING
7.3.1.Conditions for exercising the right of withdrawal
In accordance with the current legislation on distance selling, the Customer has a period of fourteen clear days to exercise their right of withdrawal without having to justify reasons or pay penalties, except, where applicable, for return costs.
The period mentioned in the previous paragraph starts from the day the distance contract is concluded for contracts related to the provision of a service and/or the supply of digital content not supplied on a tangible medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or pieces delivered over a defined period, the period starts from the receipt of the last good or lot or the last piece. For contracts providing for the regular delivery of goods over a defined period, the period starts from the receipt of the first good.
If the fourteen-day period expires on a Saturday, Sunday, or a public holiday, it is extended until the following working day.
The decision to withdraw must be notified to ChateauPaloumey.com at the contact details indicated in Article 1 of these terms and conditions by means of an unambiguous declaration. For example, the Customer may use the standard withdrawal form provided at the end of these general terms and conditions. In any case, ChateauPaloumey.com will send the Customer an acknowledgement of receipt of the withdrawal by email as soon as possible.
7.3.2.Effects of the right of withdrawal
The Customer shall return or hand over the products to the professional or a person designated by the professional, without undue delay and, in any event, within fourteen days following the communication of their decision to withdraw.
When the right of withdrawal is exercised, the professional is required to refund the Customer for all sums paid, without delay and at the latest within fourteen days from the date on which the right was exercised. Where applicable, the professional may defer the refund until the products are recovered or until the Customer has provided proof of shipment of the products, whichever occurs first. Beyond that, the amount due is automatically productive of interest at the statutory rate in force, as specified in Article L. 121-21-4 of the Consumer Code.
Where applicable, the professional will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to another means of payment and provided that the refund does not incur any fees for the Customer. However, the professional is not required to refund any additional costs if the Customer expressly chose a delivery method that is more expensive than the standard delivery offered.
The direct costs of returning the Product are borne by the Customer. These costs are estimated at a maximum of XX euros.
The Customer’s liability is only engaged with regard to the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Product.
The conditions, deadlines, and procedures for exercising the right of withdrawal are set out in the standard withdrawal form provided at the end of these general terms and conditions.
7.3.3.Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
-For the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior agreement of the Customer and express waiver of their right of withdrawal;
For the supply of goods liable to deteriorate or expire rapidly;
– For the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose agreed price at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Likewise, the right of withdrawal does not apply to contracts fully performed at the express request of the Customer before the Customer exercises their right of withdrawal.
When ordering a Service, the Customer’s waiver of the right of withdrawal will be indicated by ticking the box corresponding to the following sentence: ” I expressly waive my 14-day right of withdrawal for services that I would benefit from before the expiration of this period.” The Customer will then receive a confirmation by email of their waiver of the right of withdrawal.
The Customer who has exercised their right of withdrawal from a contract for the provision of services, the performance of which has begun, at their express request, before the end of the withdrawal period, shall pay the professional an amount corresponding to the service provided up to the communication of their decision to withdraw. This amount is proportional to the total price of the service agreed upon in the contract.
7.4.TERMINATION OF THE CONTRACT AT THE INITIATIVE OF THE CUSTOMER
The consumer Customer may terminate the contract by registered letter with acknowledgment of receipt in the event of exceeding the delivery date of the goods by more than fifteen days. The Customer will then be reimbursed for the amounts paid by them at the time of the order.
This clause does not apply if the delivery delay is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against ChateauPaloumey.com and waives the right to terminate the sale provided for in this article.
7.5.WARRANTIES
7.5.1.Warranty for visible defects and faults
It is the Customer’s responsibility to check the condition of the Products upon delivery. This check must notably concern the quality, quantities, and references of the Products as well as their conformity with the order. No claims will be taken into account after a period of three days from the delivery. In any case, any claims regarding delivered packages will only be taken into account if the Customer, acting as a merchant, has made reservations with the carrier in accordance with Articles L. 133-3 and following of the Commercial Code.
7.5.2.Warranty for hidden defects and faults
7.5.2.1.Legal warranties
Customers have a legal warranty of conformity (Article 1604 of the Civil Code), a legal warranty against hidden defects (Articles 1641 and following of the Civil Code), and a safety warranty (Articles 1386-1 and following of the Civil Code).
Customers who are consumers also benefit from a legal warranty of conformity (Articles L. 211-1 and following of the Consumer Code).
The consumer Customer benefits from a period of 2 years from the delivery of the goods to take action against the seller. In this regard, the Customer may choose between having the Product repaired or replaced, subject to the cost conditions provided for in Article L211-9 of the Consumer Code. Additionally, the Customer is exempt from providing proof of the existence of a conformity defect of the Product during the 6 months following the delivery of said Product, except for used goods.
If applicable, the legal warranty of conformity applies independently of any commercial warranty.
When the consumer Customer decides to exercise the warranty for hidden defects within the meaning of Article 1641 of the Civil Code, they may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the same code.
7.5.2.2.Return
To implement the warranty, it is the Customer’s responsibility to return the Product to the address of ChateauPaloumey.com, accompanied by an explanatory letter requesting either repair, exchange, or reimbursement.
The return costs of the Product remain the responsibility of the Customer, except for consumer Customers exercising the conformity warranty provided for in Articles L. 211-1 and following of the Consumer Code.
ARTICLE 8. Delivery
8.1.DELIVERY FEES
Delivery or pickup fees will be indicated to the Customer before any payment and apply only to deliveries made in metropolitan France, excluding Corsica. For any other place of delivery, it is the Customer’s responsibility to contact the customer service.
The delivery fees indicated on the Site are in euros, including all taxes.
8.2.DELIVERY TIME
Orders are delivered by La Poste or Gefco within 5 working days from the complete receipt of payment by ChateauPaloumey.com.
However, certain products or certain order volumes may require a longer delivery time. This will be expressly mentioned to the Customer when placing the order.
8.3.DAMAGED PACKAGE
In the event of the delivery of a package that is obviously and visibly damaged, it is the Customer’s responsibility to refuse it in order to benefit from the warranty offered by the carrier. The Customer must also inform the seller without delay, so that a new package can be prepared and sent as soon as the damaged package is received. In such a case, the delivery times mentioned above in these general terms and conditions will no longer apply.
ARTICLE 9.DATA PRIVACY
9.1.CNIL DECLARATION – DATA CONTROLLER
The ChateauPaloumey.com file containing the personal data of Internet users has been declared to the CNIL under registration number {#cnil_numero}.
9.2.OPTIONAL NATURE OF DATA PROVISION
Internet users have the free choice to provide personal information about themselves. The provision of personal information is not essential for browsing the Site.
9.3.MANDATORY PROVISION OF DATA FOR REGISTRATION
On the other hand, registration on this Site requires the collection by ChateauPaloumey.com of certain personal information concerning Internet users. Internet users who do not wish to provide the information necessary for registration will not be able to place an order on this Site.
9.4.COMPLIANCE WITH THE PURPOSE OF COLLECTING PERSONAL DATA
The collected personal data are subject to computer processing and are exclusively reserved for ChateauPaloumey.com. The data collected are necessary for the proper administration of the Site, as well as for ChateauPaloumey.com’s compliance with its contractual obligations. This data is kept by ChateauPaloumey.com in this sole capacity. ChateauPaloumey.com undertakes not to use it for any other purpose or to transmit it to third parties, except with the express agreement of Internet users or as provided by law. The personal data collected are not subject to any transfer abroad.
9.5.RIGHT OF ACCESS, RECTIFICATION, AND OBJECTION
The contact details of all Internet users registered on this Site are saved for a period of 1 year, a reasonable period necessary for the proper administration of the Site and for the normal use of the data. This data is kept securely, using current technology, in accordance with the provisions of the Data Protection Act of January 6, 1978.
In accordance with the Data Protection Act, Internet users have the right to object, question, access, and rectify the data they have provided. To do so, they simply need to make a request to ChateauPaloumey.com, by sending it to the following email address: m.cazeneuve@chateaupaloumey.com, or by postal mail to the address of the headquarters of ChateauPaloumey.com mentioned in Article 1 of these general terms and conditions.
ARTICLE 10.COOKIES AND INTERNET USERS’ IP ADDRESSES
10.1.Cookies
10.1.1.Purpose of placing cookies
In order to enable all Internet users to navigate optimally on the current Site and improve the functioning of various interfaces and applications, ChateauPaloumey.com may place a cookie on the Internet user’s computer.
10.1.2.Purpose of cookies
Cookies allow storing information related to the navigation on the Site (date, page, time), as well as any data entered by Internet users during their visit (searches, login, email, password). These cookies are intended to be stored on the Internet user’s computer for a variable period of up to 1 month and can be read and used by ChateauPaloumey.com during a subsequent visit of the Internet user to the current Site.
10.1.3.Option for Internet users to oppose the placement of cookies
Internet users have the option to block, modify the storage period, or delete these cookies through their browser’s interface (usually: tools or options / privacy or confidentiality). In such a case, the navigation on the current Site will not be optimized. If the systematic deactivation of cookies on the Internet user’s browser prevents them from using certain services, this malfunction cannot in any way constitute a damage for the Internet user, who cannot claim any compensation as a result.
10.1.4.Removal of placed cookies
Internet users also have the possibility to remove the cookies placed on their computer by going to the menu of their browser provided for this purpose (usually: tools or options / privacy or confidentiality). Such action will cause the Internet users to lose the benefits provided by the cookies.
10.2.IP ADDRESSES
10.2.1. Definition and collection of IP addresses
The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network. ChateauPaloumey.com reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be done anonymously. The IP address of Internet users will be kept for the duration required by the law.
10.2.2. Disclosure of IP addresses
ChateauPaloumey.com may be required to disclose any personal data concerning an Internet user to the Police upon judicial requisition or to any person upon a court decision. The IP address may be linked to the effective identity of the Internet user in case of communication of this information by an internet service provider.
ARTICLE 11.LIABILITY OF CHATEAUPALOUMEY.COM
11.1.NATURE OF CHATEAUPALOUMEY.COM’S OBLIGATIONS
11.1.1.Sale of Products
ChateauPaloumey.com undertakes to exercise care and diligence in providing high-quality Products in accordance with the specifications of these General Terms and Conditions. ChateauPaloumey.com is only bound by an obligation of means concerning the services covered by these terms.
Although ChateauPaloumey.com ensures the preservation of the Products under the best temperature, humidity, storage, and darkness conditions, it is not possible to guarantee impeccable quality of the Products, and its liability cannot be engaged in this regard. Aging naturally affects the condition of the products over time, and certain bottles, especially from old vintages, may sometimes have undergone external damage that does not affect the quality of their content. Once again, ChateauPaloumey.com cannot be held liable in this respect.
In case of breakage or problems with the preservation of the Products, ChateauPaloumey.com’s liability can only be engaged if the Customer provides evidence that the Products were transported and stored in conditions that ensured their perfect protection and preservation.
11.1.2.Sale of Services
ChateauPaloumey.com undertakes to exercise care and diligence in providing high-quality services in accordance with the specifications of these General Terms and Conditions. ChateauPaloumey.com is only bound by an obligation of means concerning the services covered by these terms. In the context of the services, Customers must present themselves, if applicable, at the location and time specified by ChateauPaloumey.com beforehand.
ChateauPaloumey.com is not liable for any damage caused by Customers to the property or person of another Customer.
ChateauPaloumey.com shall not be liable in case of injury to a Customer who has not followed ChateauPaloumey.com’s instructions or for the loss or destruction of a Customer’s personal belongings during a Service.
11.2.FORCE MAJEURE – CUSTOMER’S FAULT
ChateauPaloumey.com shall not be held liable in case of force majeure or the Customer’s fault, as defined in this article:
11.2.1.Force majeure
For the purposes of these General Terms and Conditions, any hindrance, limitation, or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the internet service provider, failure of transmission networks, collapse of installations, illicit or fraudulent use of passwords, codes, or references provided to the Customer, computer hacking, security breach attributable to the Site’s host or developers, flooding, power outage, war, embargo, law, injunction, demand, or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of ChateauPaloumey.com will be considered as a case of force majeure. In such circumstances, ChateauPaloumey.com will be exempt from performing its obligations to the extent of such hindrance, limitation, or disturbance.
11.2.2.Customer’s fault
For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission, or failure on the part of the Customer or its employees, failure to comply with the advice given by ChateauPaloumey.com on its Site, any unauthorized or illegal disclosure of the Customer’s password, codes, and references, as well as the provision of incorrect information or failure to update such information in the Customer’s personal space, will be considered as a fault of the Customer. The implementation of any technical process, such as robots or automatic requests, that would contravene the letter or spirit of these General Terms and Conditions of sale will also be considered as a fault of the Customer.
11.3.TECHNICAL ISSUES – HYPERTEXT LINKS
In case of impossibility to access the Site due to technical problems of any nature, the Customer cannot claim any damage and cannot claim any compensation. The unavailability, even prolonged and without any limitation of duration, of one or more online services cannot constitute damage for Customers and cannot, under any circumstances, lead to the award of damages and interests from ChateauPaloumey.com.
The hypertext links present on the Site may refer to other websites. ChateauPaloumey.com cannot be held responsible if the content of these sites violates the applicable laws. Similarly, ChateauPaloumey.com cannot be held liable if the visit, by the Internet user, of one of these sites causes damage.
At the current state of technology, the rendering of representations of Products offered for sale on the present Site, especially in terms of colors or shapes, may significantly vary from one computer to another or differ from reality depending on the quality of graphics accessories and the screen or display resolution. These variations and differences cannot under any circumstances be attributed to ChateauPaloumey.com, and its liability cannot be incurred for this.
11.4.DAMAGES PAYABLE BY CHATEAUPALOUMEY.COM
In the absence of contrary legal or regulatory provisions, the liability of ChateauPaloumey.com is limited to direct, personal, and certain damage suffered by the Client and linked to the failure in question. ChateauPaloumey.com shall in no case be held responsible for indirect damages, such as, in particular, data losses, commercial damages, loss of orders, damage to the brand image, commercial disturbances, and loss of profits or customers. Similarly, and within the same limits, the amount of damages and interest to be borne by ChateauPaloumey.com shall in no case exceed the price of the Product and/or the ordered Service.
ARTICLE 12.INTELLECTUAL PROPERTY
ARTICLE 13.INTELLECTUAL PROPERTY – BRAND IMAGE
13.1. INTELLECTUAL PROPERTY RIGHTS OF CHÂTEAU PALOUMEY
The content of the Site (texts, images, diagrams, structure, database, software, etc.), owned by ChateauPaloumey.com, is protected by copyright and database rights. Any representation, reproduction, translation, adaptation, or transformation, in whole or in part, carried out illegally and without the consent of ChateauPaloumey.com or its right holders constitutes a violation of Books I and III of the Intellectual Property Code and may lead to legal proceedings for counterfeiting. The published content on the Site is indicative and without any guarantee of accuracy. ChateauPaloumey.com cannot be held liable for any omission, inaccuracy, or errors contained in this information that may cause direct or indirect damage to the Internet user.
The photographs, texts, references, drawings, graphics, or any other element composing the Products are the exclusive property of Château Paloumey, protected, where applicable, by copyright, trademark law, patent law, or any other intellectual property right.
The rights therein are reserved for all countries. Any use that would infringe on the aforementioned rights can only take place with the prior and written agreement of Château Paloumey. This contract in no way constitutes a waiver by Château Paloumey of its intellectual property rights.
Château Paloumey does not provide any other intellectual property warranty regarding the Products than that of eviction of its personal fact, excluding any warranty of eviction due to third parties. In the event that an action for infringement is brought against the Client, the latter shall not be able to call on Château Paloumey as a guarantee or bring a recourse action.
The general terms and conditions of the Site, drawn up by the law firm Deshoulières Avocats (www.deshoulieres-avocats.com), are protected by commercial law. Any reproduction, in whole or in part, carried out without the consent of Deshoulières Avocats may give rise to legal proceedings for unfair competition.
13.2.PRODUCT BRAND IMAGE
The professional Client may not modify or alter the Products or their packaging, except with the prior written agreement of Château Paloumey. The professional Client may not, in particular, alter or remove the distinctive signs of Château Paloumey affixed to the Products or their packaging.
The professional Client undertakes to do everything possible to respect the brand image of the Products in view of their high quality. If applicable, the professional Client undertakes in particular to present the Products for sale in a positive manner to enhance them through high-quality commercial approach and to respect the packaging, color codes, and technical characteristics of the Products.
If applicable, the professional Client undertakes to ensure that its own clients respect this obligation to respect the brand image of the Products. The professional Client will be personally liable to Château Paloumey in the event of a breach of this obligation by its own clients.
ARTICLE 14.CONFIDENTIALITY
The professional Client undertakes not to disclose the confidential information, trade secrets, or commercial secrets of Château Paloumey and not to use this information and secrets for purposes other than those concerning the proper performance of this contract. Any information obtained from Château Paloumey and not in the public domain will be considered confidential. The professional Client shall take all necessary precautions to prevent unauthorized disclosure or use of confidential information or trade or manufacturing secrets. This obligation shall survive the expiration of this contract, whatever the cause, as long as the information concerned has not become public knowledge.
ARTICLE 15.GENERAL PROVISIONS
15.1.APPLICABLE LAW
These general terms and conditions are subject to the application of French law.
15.2.MODIFICATION OF THESE GENERAL TERMS AND CONDITIONS
These general terms and conditions may be modified at any time by ChateauPaloumey.com. The general terms and conditions applicable to the Client are those in force on the day of the order or connection to the present Site, any new connection to the personal space implying, if applicable, acceptance of the new general terms and conditions.
15.3.OUT-OF-COURT SETTLEMENT OF DISPUTES
Except for public policy provisions, any disputes that may arise in the context of the implementation of these general terms and conditions must, before any legal action, be submitted to the judgment of ChateauPaloumey.com for amicable settlement.
15.4.ENTIRETY
The nullity of one of the clauses of this contract shall not result in the nullity of the other clauses of the contract or of the contract as a whole, which shall remain in full force and effect. In such a case, the parties shall, as far as possible, replace the annulled provision with a valid provision corresponding to the spirit and purpose of these terms.
15.5.NON-WAIVER
The failure of ChateauPaloumey.com to exercise the rights granted to it by these terms shall in no case be construed as a waiver of the right to enforce such rights.
15.6.LANGUAGES OF THESE GENERAL TERMS AND CONDITIONS
These general terms and conditions are provided in english.
15.7.ABUSIVE CLAUSES
The provisions of these general terms and conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning abusive clauses in contracts concluded between a professional and a consumer.
METHOD OF CANCELLATION OF THE ORDER IN THE EVENT OF DISTANCE SELLING TO A CUSTOMER
In the event of distance selling, as defined in Article L. 121-16 of the Consumer Code, within fourteen days, including public holidays, from the date of the order or commitment to purchase, the Customer has the option to renounce it by registered letter with acknowledgment of receipt. If this period expires on a Saturday, Sunday, or a public holiday or non-working day, it shall be extended until the next working day.
Any clause in the contract by which the customer waives his right to renounce his order or commitment to purchase is null and void. This article does not apply to contracts concluded under the conditions provided for in Article L. 121-16-1.
If you cancel your order,
you can use the detachable form on the opposite side.
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ORDER CANCELLATION
Consumer Code art. L. 121-17
Conditions:
∗ download, complete, and sign this form
∗send it by registered letter with acknowledgment of receipt
∗ use the address provided in Article 1
∗ send it no later than the fourteenth day from the day of the order or, if this period normally expires on a Saturday, Sunday, or a public holiday or non-working day, the next working day.” Regenerate response
