1. Object

The General Terms and Conditions described below detail the rights and obligations of the company EARL ARCHIMBAUD VACHE, whose registered office is located at 317 chemin du Moulin Les Cazaux 84190 VACQUEYRAS, whose individual VAT identification number is FR19397582503 and whose SIRET number is 39758250300017, and of its customer within the framework of the sale of the following goods: bottles of wine on the site www.closdescazaux.fr.

Customer Service can be reached:

  • by telephone on +33 490 658 583 (price of a local landline call), Monday to Friday, 9am to 12pm and 2pm to 5pm;
  • by post to the following address: 317 chemin du Moulin Les Cazaux 84190 VACQUEYRAS;
  • by e-mail via our website’s contact form.

Any service provided by EARL ARCHIMBAUD VACHE therefore implies the Buyer’s unreserved acceptance of these General Terms and Conditions.

2. Scope

These General Terms and Conditions (“GTC”) apply to all orders placed through the www.closdescazaux.fr website.

They govern all relations between the Seller and the Buyer, who is domiciled in France and of legal age to purchase alcoholic beverages. The purchase of wine for resale via www.closdescazaux.fr is prohibited. In France, minors under the age of 18 may not purchase products on the site, in accordance with article L3342-1 of the French public health code.

Unless otherwise stipulated, in the form of special conditions, they take precedence over all other General Terms and Conditions or Purchase and, in general, over all other contractual and commercial provisions and interprofessional agreements.

They remain applicable even if one of the parties does not take advantage of them at a given time. French law will apply.

The Buyer acknowledges that he/she has read the GTC and accepts them in their entirety by validating his/her order. The Seller reserves the right to modify the GTC at any time and without notice. The GTC applicable are those in force on the day the order is validated. The Vendor reserves the right to apply restrictions to certain products ordered, or even to refuse to accept an order requested by a customer. The Buyer expressly waives the benefit of article 1587 of the French Civil Code, which conditions the final conclusion of the order to the tasting and approval of the buyer.

3. Order

The Vendor undertakes to accept orders placed under the terms of the General Terms and Conditions of Sale and within the limits of the vintages and stocks available.

In the event of a vintage being out of stock, the Vendor will contact the Buyer to agree on a replacement vintage for the merchandise concerned.

By validating the order, the Buyer declares that he/she has read and accepted the present General Terms and Conditions of Sale in their entirety.

All orders will only be taken into consideration once payment has been received, and will be confirmed to the Buyer by e-mail or telephone.

The Vendor reserves the right to cancel any orders that are non-compliant or dubious, as well as those from a customer with whom there is any previous dispute. The Vendor reserves the right to refuse any order for legitimate reasons and more particularly when the quantities ordered are abnormally high in relation to the profile of orders from customers in their capacity as private consumers.

4. Price

The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated inclusive of all taxes but excluding shipping costs. Consequently, they will be increased by the transport costs applicable on the day of the order, which may be increased according to the number of products ordered and the final weight of the order.

EARL ARCHIMBAUD VACHE reserves the right to modify prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

The prices quoted for each type of container chosen by the customer (BIB, bottle, magnum, jeroboam) depend on the different wines sold and their vintage.

Unless otherwise agreed, only the price list in force on the date the order is placed is applicable to relations between the Vendor and Buyers.

5. Discounts and rebates

The prices quoted include any discounts and rebates that EARL ARCHIMBAUD VACHE may grant on the basis of its results or the Buyer’s assumption of responsibility for certain services.

6. Discount

No discount will be granted for early payment by the Buyer.

7. Terms of payment

Payment for products purchased from www.closdescazaux.fr is due in full when the order is placed.

Payment for orders must be made:

  • By cheque, payable to EARL ARCHIMBAUD VACHE;
  • By credit card (online payment secured by Stripe);
  • Or electronically (bank transfer).

8. Late payment

For orders paid by cheque or bank transfer, any order not honoured within 30 days will be cancelled by the Seller.

9. Reservation of ownership clause

The company EARL ARCHIMBAUD VACHE retains ownership of the goods sold until full payment of the price, in principal and in accessories, in accordance with the provisions of law n°80.335 of May 12 1980.

Ownership of the wines sold passes definitively to the purchaser upon full payment of the price and incidental costs.

10. Delivery

Delivery will only be made upon full payment of the order as set out in Part 7. Delivery will be made as follows:

  • Or by handing over the goods directly to the Buyer at the registered office;
  • Or to the place indicated by the Buyer when validating his/her order (the delivery address may be different from the billing address);
  • In the event of delivery to several separate addresses, each invoicing address will be subject to transport charges corresponding to the quantities delivered to one address.

10.1. Delivery charges

Free transport from €350 upwards

Otherwise, the cost of transport is:

27€ for departments 04, 05, 06, 07, 13, 26, 30, 34, 38, 66, 69, 83 et 84;37€ for the rest of France.

10.2. Terms of delivery

The delivery time indicated in the order confirmation email is given as an indication only and is in no way guaranteed. Consequently, any reasonable delay in the delivery of the products shall not give rise to:

  • Awarding damages;
  • Order cancellation.

In the event of climatic conditions having a negative impact on the transport of products (hot weather, extreme cold, etc.), the Vendor reserves the right to postpone shipment of the wines ordered. The Buyer will be informed of this as soon as possible by e-mail or telephone, and will be informed of any additional shipping time. However, deliveries are made without guarantee against frost and climatic variations, even significant ones.

The good quality of the wines is guaranteed by the Vendor, who cannot be held liable beyond the simple replacement of goods deemed defective on departure from the cellars. This defect must be proven by the Buyer and contradictorily recorded by the Seller.

On receipt of your order, please check the condition and contents of the boxes. In the event of a missing or non-conforming item, or an apparent defect, make the usual reservations (number of bottles and names of broken or missing AOCs, etc.) on the delivery slip, signing it, and confirm these reservations to the carrier by registered letter with acknowledgement of receipt within 48 hours of delivery. Failing this, EARL ARCHIMBAUD VACHE will not be obliged to replace the bottles concerned.

It is imperative that the Buyer informs the Vendor in writing of any dispute within 48 hours of the day of delivery, in order to allow EARL ARCHIMBAUD VACHE to take part in the complaint.

In the event of a damaged parcel, the customer must refuse it. Any statement by the customer such as “subject to unpacking” or any other statement with the same meaning will not be considered.

Failure to comply with these terms and conditions will result in the entire delivery being incontestably presumed to conform to the order and to be free from any apparent defect.

11. Cancellation

In accordance with Article L.121-21 of the French Consumer Code, the Buyer may, within fourteen days of receipt of the products, exercise his right of withdrawal under the conditions set out below. Cancellation can only be made:

  • Or by telephone: +33 490 658 583 (price of a local landline call), during Customer Service opening hours, Monday to Friday, 9am to 12pm and 2pm to 5pm;
  • Or by sending an unambiguous statement specifying his contact details and enabling the products to be identified to Customer Services – i.e. the number of the order concerned and the precise references of the products he wishes to return – via the website’s contact form or by post to EARL ARCHIMBAUD VACHE 317 chemin du Moulin Les Cazaux 84190 VACQUEYRAS.

Wines must be returned in their original packaging, in their original condition and complete, allowing them to be remarketed as new by the Vendor, accompanied by the purchase invoice.

Damaged, soiled or incomplete bottles will not be taken back.

If the right of withdrawal is exercised within the aforementioned period, only the price of the wine(s) purchased will be reimbursed by the Vendor; the cost of returning the wine(s) will be borne by the Buyer in accordance with the conditions laid down.

The exchange (subject to availability) or refund will be made within fourteen days of the Vendor’s retraction of the wines returned by the Buyer under the conditions set out in this article.

12. Disclaimer

By express agreement between the parties, no legal action or claim of any kind by the customer may be brought or made against the Vendor more than six months after the occurrence of the event giving rise to the claim.
The Vendor may only be held liable in the event of a proven fault, and only to the extent of the price of the goods deemed to be defective by both the Purchaser and the Vendor, to the exclusion of any indirect and/or consequential damages.

The Vendor cannot be held responsible for any errors in the Buyer’s choice of wines when placing the order.

Wines are packed in appropriate packaging to limit the risk of breakage. The Buyer must nevertheless unpack with care, prudence and attention to detail, as the Seller cannot be held responsible for breakage resulting from the opening of the packaging.

The wines and their characteristics are described and represented to the best of our ability on www.closdescazaux.fr. However, slight differences between the reproduction of the wines on the www.closdescazaux.fr website and the wines delivered cannot be ruled out. In such cases, the Seller cannot be held liable.

The Vendor is only bound by an obligation of means with regard to the operation and continuity of www.closdescazaux.fr website. Consequently, the Vendor cannot be held liable for any damage resulting from the use of the www.closdescazaux.fr website. or the Internet network, such as loss of data, intrusion, viruses, access speeds to the site from other Internet sites, opening and consultation speeds of pages on the www.closdescazaux.fr site, external slowdowns, suspension or inaccessibility of the www.closdescazaux.fr site, fraudulent use by third parties of any information made available on the www.closdescazaux. fr, breakdowns and technical problems concerning hardware, programs and software, which may lead to the suspension or termination of the www.closdescazaux.fr site, or if the www.closdescazaux.fr site proves to be incompatible or malfunctions with certain software, configurations, operating systems or equipment of the Purchaser, or other problems beyond its control.

The www.closdescazaux.fr website may contain hypertext links to other websites. The Seller makes no commitment concerning any other Internet site to which the Buyer may have access via the www.closdescazaux.fr site and is in no way responsible for the content, operation and access to these sites.

The Buyer is solely responsible for his or her use of the www.closdescazaux.fr website and the wines ordered, and shall not hold the Vendor liable for any claims and/or proceedings brought against him or her. The Customer undertakes to deal personally with any claim and/or proceedings brought against the Vendor in connection with its use of the service.

13. Minors’ protection

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

14. Sanitary warning

Alcohol abuse is dangerous for your health. Consumption should be moderate.

15. Intellectual property

The www.closdescazaux.fr website and all its components (texts, photographs, images, data, etc.) are protected by intellectual property rights which are and remain the exclusive property of the Seller.

All names, logos and trademarks appearing on the www.closdescazaux.fr website are and remain the exclusive property of EARL ARCHIMBAUD VACHE, whose head office is located at 317 chemin du Moulin Les Cazaux 84190 VACQUEYRAS. Any reproduction, distribution or use of any element of the www.closdescazaux.fr website or of the names, logos and trademarks belonging to the EARL ARCHIMBAUD VACHE company is strictly forbidden, under penalty of infringement and, by the same token, of existing legal proceedings.

16. Force majeure

The company EARL ARCHIMBAUD VACHE cannot be held responsible if the non-execution or the delay in the execution of one of its obligations stated in the present General Sales Conditions results from a case of force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.

17. Competent court

Any dispute relating to the interpretation and execution of these General Terms and Conditions of Sale shall be governed by French law. Failing amicable resolution, the dispute will be referred to the Avignon Commercial Court.