GENERAL TERMS AND CONDITIONS OF SALE

The website chateau-thioulet.com belongs to the company EARL MJL SERVENS, hereinafter the "Seller", whose registered office is located at 10 chemin de tioulet, Sadirac (33670). It is registered with the Bordeaux Trade and Companies Register under SIREN number 392 573 473 .

The Site's offers are exclusively reserved for individual customers and legal entities, excluding professional resellers.

Legal and pre-contractual information

The sale of alcohol to minors is prohibited, and the Seller reserves the right to refuse an Order placed by a Customer who cannot prove they are of legal age.

It is also reminded that alcohol abuse is dangerous to health and that the Seller's products should be consumed in moderation.

All data appearing on the Site (logos, images, texts and descriptions, drawings, visuals, designs, etc.) are the exclusive property of the Seller. Any use, partial or total reproduction not previously authorized, is prohibited.

Failure to comply with this prohibition constitutes an infringement that may give rise to civil and criminal liability for the infringer.

It is also noted that the photos and illustrations used on the Site are non-contractual.
For more information, please refer to our Terms and Conditions of Use by clicking here. here .

1 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all sales of products by Château Thioulet on its online store : https://www.chateau-thioulet.com/ (hereinafter referred to as the Site), exclusively reserved for individuals of legal age or of the minimum legal age for the purchase and/or consumption of alcohol in their country of residence, and for legal entities. To review them before each order is placed, the General Terms and Conditions of Sale are available to the customer on the Site's homepage, under the heading "General Terms and Conditions of Sale".

Placing an order implies the prior and unreserved acceptance by the Customer of these General Terms and Conditions, to the exclusion of any other document such as prospectus or catalogue issued by the Seller, the value of which is only indicative, or any other purchase condition submitted by the Customer unless expressly agreed to in writing by the Seller beforehand.
Any modification to the Terms and Conditions will only apply to sales concluded after said modification, the dates appearing on this page and on the order acknowledgement sent to the Customer being proof.

The Seller reserves the right, for any new customer, to request proof of identity and address before the final validation of their first order.

These terms and conditions of sale may be modified by the website www.chateau-thioulet.com without prior notice. Customers are therefore advised to regularly consult the terms and conditions of sale during their visits to the website and to accept them before each order confirmation.

2 - PRICE

Unless otherwise stated, the prices displayed on the website www.chateau-thioulet.com are in euros, inclusive of all taxes, but excluding shipping, transport, and handling costs from the website's premises. These prices include French value-added tax (VAT) at a rate of 20% and other applicable duties. Customers from Germany, Belgium, and Luxembourg will also be subject to French VAT at 20%.

The products and their prices are regularly updated and the website www.chateau-thioulet.com reserves the right to change its prices at any time.

The selling prices are those displayed at the time of ordering on the website www.chateau-thioulet.com, subject to typographical errors. In such cases, the website www.chateau-thioulet.com will contact the customer to inform them of the error and provide a corrected invoice. In the event of typographical errors, the customer is free to accept the corrected prices or cancel their order. If the order is canceled, the customer will be refunded no later than seven (7) days from the date on which they notified the website of their cancellation. The website www.chateau-thioulet.com cannot be held liable for any delays beyond this timeframe due to circumstances beyond its control. In the event of a price discrepancy between different locations on the website, only the price indicated on the detailed product description page is valid.

3 - Order contents

The order must strictly conform to the offer as issued on the Site and in particular to the formats, quantities offered within the limits of available stocks and deadlines.

4 - ORDERING STEPS

Only persons legally capable of entering into contracts relating to the goods and services offered by the website www.chateau-thioulet.com may place orders.

The Customer places an order on the website www.chateau-thioulet.com.

The order implies prior knowledge and acceptance by the Customer of these Terms and Conditions, the price and the essential characteristics of the wines, spirits and accessories chosen, available on the Site.

When placing an order, the customer agrees to provide the required information and confirms its accuracy. Furthermore, the customer agrees to verify that the information they enter (including billing and shipping addresses, quantities and types of products ordered, and order total) is correct. Errors in such information cannot be attributed to the website www.chateau-thioulet.com and cannot give rise to claims or order cancellations at the customer's request.

With regard to information falling under the category of personal data, the Customer is invited to read the Seller's Privacy Policy, General Terms and Conditions of Use and cookie policy accessible on the Site and Article 14 - Personal Data below.

The website www.chateau-thioulet.com undertakes to process all orders subject to availability and cannot be held liable for failure to fulfill the contract with the customer in the event of product unavailability, stock shortages, force majeure, disruption or strikes affecting transport or communication services, or any other unforeseen event beyond the control of the parties. In the event that an ordered product is unavailable, the website www.chateau-thioulet.com cannot be held liable. However, the website www.chateau-thioulet.com undertakes to notify the customer as soon as possible to offer either an equivalent product in exchange or a refund within fourteen (14) days of the order. The website www.chateau-thioulet.com cannot be held responsible for any delays beyond this timeframe due to reasons beyond its control. The website www.chateau-thioulet.com reserves the right to refuse and cancel any order placed by a customer with whom it has a payment dispute regarding a previous order. Orders will only be processed after payment has been accepted by our bank (Crédit Agricole Aquitaine - 4 Route de Libourne - 33670 Créon).

5 - PAYMENT METHODS

All orders placed by the customer are considered firm and final upon full payment. All orders are payable upon submission of the order confirmation to the customer during the online purchasing process.

Payment is made online by credit card. Accepted cards are: Visa, CB, Eurocard Mastercard, American Express. Payment can also be made via PayPal or Stripe.

The customer's account will be debited within a maximum of four (4) days following the order date, and the order will be considered effective upon confirmation of payment authorization. All your purchase transactions are conducted with strict confidentiality and encryption using the SSL protocol. Upon validation of your order, our bank ( Crédit Agricole Aquitaine - 4 Route de Libourne - 33670 Créon ) verifies the validity of the bank card number and ensures that it is not blocked.

www.chateau-thioulet.com does not have access to your contact information and does not store it on its servers. This is why you will be asked for it with each new transaction on the site. This provides you with double protection against misuse and fraud. The customer guarantees that they are fully authorized to use the bank card they are using and that this bank card provides access to sufficient funds to cover the order amount.

An invoice will be issued by Château Thioulet and made available by email.

In its own interest and that of its customers, the website www.chateau-thioulet.com may conduct checks to ensure the validity of payments and therefore request certain supporting documents from the customer, which the customer agrees to provide within forty-eight (48) hours. If these documents are not received within the specified timeframe or if the documents received are non-compliant, the website www.chateau-thioulet.com reserves the right to cancel the order(s). Following this type of check, the website www.chateau-thioulet.com reserves the right to accept or cancel the order.

Regardless of the payment method chosen, the Seller reserves the right to refuse any order or delivery in the event of refusal of payment authorization by the banking institution or total or partial non-payment of a previous order by the Customer.

6 - TRANSFER OF OWNERSHIP

In accordance with the provisions of Law No. 80 336 of May 1, 1980 relating to retention of title, the transfer of ownership of the products to the customer only takes place after full payment of the order price, i.e. upon receipt of the order price by the Seller.

7 - Availability of goods

Offers are always subject to availability.

In the event of unavailability of the ordered products and subsequent cancellation of the order, the price including VAT as well as the shipping costs including VAT will be fully refunded to the Customer within fourteen (14) days following the order.

8 - Destruction

In the event of destruction of the goods before the scheduled delivery date of the order, and in the absence of stock available to proceed with its replacement, the Customer shall be reimbursed for all sums paid by him, to the exclusion of any other compensation, within fourteen (14) days of the date of the loss.

9 - Delivery

Unless otherwise stated, shipping costs are always the responsibility of the customer. The website www.chateau-thioulet.com delivers products sold only to Metropolitan France, French Overseas Departments and Territories (DOM-TOM), Corsica, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Germany, Denmark, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and Great Britain. Saudi Arabia, Bahrain, Cambodia, China, United Arab Emirates, India, Indonesia, Iran, Israel, Japan, Jordan, Kazakhstan, Lebanon, Philippines, Qatar, Hong Kong, Russia, Singapore, Thailand, Vietnam, South Africa, Algeria, Tunisia, Morocco, Serbia, Switzerland, Turkey, Ukraine, Argentina, Brazil, Australia, Canada, United States, Mexico. For other destinations, please contact us. The shipment of the product(s) ordered by the customer occurs after the order has been registered, paid for in full, validated by our team, and prepared. Orders are generally shipped within twenty-four (24) hours of the customer's payment.

The products are delivered to the customer in cartons (either standard packaging or outer packaging) containing six (6) bottles. The product(s) ordered by the customer are shipped to the delivery address provided by the customer when placing their order. Delivery is made to the customer's door, provided that the customer has fully and accurately provided the address and access information (door code, building number, etc.) to the website www.chateau-thioulet.com. Similarly, access to the delivery address must allow the carrier to complete the delivery.

Upon delivery of the products, it is the responsibility of the customer or their representative to verify the good condition of the package(s). Similarly, the customer must ensure that the delivered products conform to the order. Any damage, non-conformity, or missing items must be reported by the customer in writing, in a detailed and dated document, accompanied by the signature of the customer or their representative on the delivery slip. The website www.chateau-thioulet.com will be unable to process customer claims without this supporting documentation.

If the customer refuses the package due to an anomaly or non-conformity, they must clearly indicate this on the carrier's delivery note or at the following address:

Any claim regarding delivery that falls outside the provisions set out in this chapter cannot be attributed to the website www.chateau-thioulet.com.

ALWAYS CHECK YOUR ORDER UPON RECEIPT IN THE PRESENCE OF THE CARRIER

Depending on the total weight of their order, the customer can choose between different carriers. The applicable delivery charges vary depending on the carrier selected.

In the absence of complete and explicit reservations, the Customer risks losing their right to claim and compensation against the Seller and the carrier, or causing the Seller to lose their right to claim against the carrier.

10 - SHIPPING COSTS

Unless otherwise stated, the prices displayed on the website www.chateau-thioulet.com do not include shipping costs. Shipping costs are calculated based on the quantity ordered and the rates in effect on the date of the order. These costs will be shown to the customer before final confirmation of their order.

See the " Delivery Conditions " section for more information on this subject.

Each order is unique. Therefore, multiple orders cannot be combined. Placing several orders consecutively does not merge them into one. Depending on the total order amount, the customer may have to pay shipping fees multiple times. By contacting our customer service, it is also possible to combine certain orders and thus reduce shipping and delivery costs.

11 - RIGHT OF WITHDRAWAL AND RIGHT OF RETURN

The Customer has a right of withdrawal under Article L.221-18 of the Consumer Code.
The Client, a non-professional individual, has the right to withdraw from their Order without having to justify their decision.
The right of withdrawal must be exercised:

• by written notification, at the Client's option using a withdrawal form or as an annex to these General Terms and Conditions or received by email upon confirmation of the Order by the Seller, explicitly indicating in the subject line "Exercise of right of withdrawal", and providing your name, surname, postal address and/or email address, as well as the number of the Order concerned and the reference of the products concerned,
• the form must be sent within fourteen (14) calendar days from the receipt of the Products ordered (in the case of partial delivery on the same order form, fourteen (14) calendar days after the receipt of the last Products ordered);

• Returned products must be accompanied by the withdrawal form duly completed with the references and quantities.

The Customer who exercises this right of withdrawal will be obligated to return the ordered goods to the Seller's point of sale at their own risk and expense.

Products must be returned in perfect condition (i.e., suitable for resale), unopened and undamaged, with boxes or crates unopened and unsealed, within fourteen (14) days of notifying the decision to withdraw. Any damaged product will not be accepted for return or refund.

When the period of (14) fourteen days expires on a Saturday, Sunday or public holiday or non-working day, it is extended until the next working day.
Otherwise, the Seller reserves the right to refuse the Customer's return of the Product and their refund.

If the Seller has already received payment for the returned products, the Seller undertakes to reimburse the Customer within fourteen (14) days of receiving the returned products in perfect condition. The reimbursement will be made using the same payment method used by the Customer.

When merchandise has been sold as part of a promotional bundle, the entire bundle must be returned to the Seller, due to the indivisibility of the order and the overall price charged.

12 - CONFORMITY – WINE QUALITY

The Seller is liable for defects in conformity of the goods sold under the conditions of Articles L 217-4 et seq. of the Consumer Code and for hidden defects of the goods under the conditions of Article 1641 et seq. of the Civil Code.

When acting under the legal guarantee of conformity, the Customer:

• The buyer has two years from the date of delivery of the goods to take action.
• The seller is exempt from providing proof of the existence of the non-conformity of the goods during the first 24 months following delivery of the goods.
• May choose between a refund or replacement of the goods with identical or equivalent goods depending on availability (subject to the cost conditions provided for in Article L 217-9 of the Consumer Code) - subject to the Seller's acknowledgment of non-conformity.

When acting under the legal guarantee against hidden defects, the Client:

• The party has two years from the discovery of the defect to take action.
• May choose between a refund or replacement of the item with an identical or equivalent item depending on availability, or a reduction in the sale price – subject to having effectively demonstrated the existence of the alleged hidden defect.

Please note that these products are living products that require specific storage conditions to preserve their organoleptic qualities. They must therefore be kept away from direct light, frost, and heat – in a room with an ambient temperature between 5 and 15°C for wines.
Therefore, if the non-conformity results solely from the Client's failure to comply with the storage conditions mentioned above, the Client will not be able to take action under the warranty against the Seller.

13 - PERSONAL DATA

In the context of placing an Order, and to enable the Seller to respond to the Customer's requests, the Seller needs a certain amount of information, including personal data such as the Customer's first and last name, telephone contact details and email address.

As the Data Controller for Personal Data collected during the ordering process, the Seller takes all necessary measures to protect it. This data is stored on servers located exclusively within the European Union and is not transferred outside the European Union. The Seller will not send any offers or marketing communications (such as newsletters) without the Customer's explicit consent, obtained either by ticking a box or by sending an email request.

The treatment schedule is as follows:

When a Customer places an order, their Personal Data, as entered during the ordering process (name, surname, product or service, delivery address, billing address, etc.), is recorded for use in processing the order and managing their customer account. With the Customer's express consent, this data may also be used for sending offers and for marketing purposes. This Personal Data remains accessible to the Customer (for modification) and to the Seller (for viewing for processing purposes), particularly through their Member account, to allow both the Customer and the Seller to have a complete order history. The Seller may delete this data at any time upon request from the Customer.

Following collection, Personal Data is kept for a period of five (5) years from the date of the Customer's last Order.
After this period, the Customer will be considered an "Inactive Customer," and their Personal Data will be deleted. For any new Order, the Seller will therefore need to request this information again.

However, at the end of this five (5) year period, or where applicable from the date of the Client's request for deletion, his Personal Data may be archived in order to comply with the Seller's legal, accounting and tax obligations (such as the obligation to keep invoices for a period of ten (10) years, as set out in Article L.123-22 of the Commercial Code).

The Seller undertakes to take all necessary precautions to preserve the security and strict confidentiality of personal information transmitted by its Customers, and in particular to prevent unauthorized third parties from accessing it. This data will not be sold or transmitted to third parties without the Customer's prior consent, with the exception of the Seller's partner carriers for the proper execution of Order Delivery.

When the Customer chooses to pay for the Order by Credit Card, they provide the Seller with their credit card number, expiry date, and the security code on the back of the card. This data is immediately transferred to their bank, and the Seller does not have access to this information. Therefore, this information will be requested from the Customer for each subsequent credit card payment.

In the context of processing the Customer's Personal Data, the Seller undertakes to comply with applicable French and European legislation regarding the processing of personal data, and in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, applicable since 25 May 2018. Under the Regulation, the Customer has the right to access, rectify, restrict, and object to the processing of their personal data, as well as the right to data portability and erasure. These rights may be exercised by sending a written request, accompanied by proof of identity, to the Seller at the following address:

By mail: Château Thioulet, 10 chemin de tioulet – 33670 Sadirac
By email: contact@chateau-thioulet.com

The Customer has the right to withdraw their consent at any time regarding the processing of their personal data. This right may be exercised by sending a letter to the Seller at the contact details indicated above.

For more information, please refer to our Privacy Policy and our Cookie Policy.

14 - UNFORESEEN EVENTS AND FORCE MAJEURE

Neither party shall be held liable for the non-performance of any of its obligations in the event of the occurrence of a risk or force majeure event as defined by Article 1218 of the Civil Code and by case law.

In order to be able to claim force majeure or unforeseen circumstances, the Party invoking it must notify the other Party as soon as possible and at the latest within three (3) working days of its occurrence, by telephone, email or fax.

15 - AMICABLE DISPUTE RESOLUTION AND MEDIATION

The Seller's customer service is available to the Customer to amicably resolve any problem arising from an order and its execution.
In the event of difficulties in the application of these Terms and Conditions, the Customer shall first and foremost contact the Seller's customer service department and send a written complaint to the following address:

Château Thioulet / chateau-thioulet.com

Return service

10 Chemin de Tioulet

33670 SADIRAC

If he does not obtain satisfaction, the Client will have the possibility of using the free mediation service of MEDIATION-NET by visiting their website: http://www.mediation-net-consommation.com (by clicking on this link) or by mail: MEDIATION-NET - 34, rue des Épinettes - 75017 PARIS.

The Customer may also visit the European online dispute resolution platform at: https://webgate.ec.europa.eu/odr.

In the absence of an amicable agreement, the Client will have the option of bringing the matter before the competent court as specified below.

16 - Applicable Law and Jurisdiction

These Terms and Conditions are governed by French law.

In the event that an agreement cannot be reached, all disputes arising from the execution of an order or the interpretation of these terms and conditions, and more generally from agreements of any kind concluded between the parties, shall be assigned to:

• For a consumer, the court of the place of their residence on the day of the claim or at the time of the conclusion of the contract or the court of the place where the harmful event occurred;
• For a non-consumer, in the Strasbourg court.

17 - Protection of minors

In accordance with Article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and agrees to be at least 18 years old on the date of the order.

18 - Health warning

Excessive alcohol consumption is dangerous for your health; consume in moderation.