Terms of Sales

General conditions of sale of products online to private consumers

last update 11.06.2019 

Preamble 

These general conditions of sale apply to all sales made on the Château Maillard website.

The website www.chateaumaillard.com is a service of:

  • The Château Maillard company
    RCS (or Directory of trades) from BORDEAUX, n °. 392 421 079 
    Individual tax identification number FR392 421 079 00014
  • located at a place called Ramonas, 33210 Mazéres
  • site URL address: www.chateaumaillard.com
  • e-mail : contact@chateaumaillard.com
  • telephone number: 0556761540

The Château Maillard website sells the following products: Bottles of wine.

The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

Article 1 - Principles

These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the Château Maillard website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general conditions of sale are valid until.

Article 2 - Content

The purpose of these general conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the buyer, from the Chateau Maillard website.

These conditions only apply to purchases made on the Chateau Maillard site and delivered exclusively in mainland France or Corsica. For any delivery in the French overseas departments and territories or abroad, a message should be sent to the following e-mail address: contact@chateaumaillard.com

These purchases concern the following products: Bottles of wine.

Article 3 - Pre-contractual information

The buyer acknowledges having been informed, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the Consumer Code.

The following information is sent to the buyer in a clear and understandable manner:

- the essential characteristics of the property;

- the price of the good and / or the method of calculating the price;

- if applicable, all additional costs of transport, delivery or postage and all other possible costs payable;

- in the absence of immediate execution of the contract, the date or the deadline by which the seller undertakes to deliver the good, whatever its price;

- information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, to the existence and the terms of implementation of guarantees and other contractual conditions.

Article 4 - The order

The buyer has the option of placing his order online, from the online catalog and using the form therein, for any product, within the limits of available stocks.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally confirm the payment method.

The sale will be considered final:

- after sending the buyer confirmation of acceptance of the order by the seller by email;

- and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including default of payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For any question relating to the follow-up of an order, the buyer can call the following telephone number: 0556761540 (cost of a local call), on the following days and times: Monday to Friday, from 9 a.m. to 12 p.m. then from 2 p.m. at 6 p.m., or send an email to the seller at the following email address: contact@chateaumaillard.com

Article 5 - Electronic signature

The online supply of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

- payment of the sums due under the purchase order;

- signature and express acceptance of all operations carried out.

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 0556761540.

Article 6 - Order confirmation

The seller provides the buyer with an order confirmation by email.

Article 7 - Proof of the transaction

The computerized registers, kept in the computer systems of the seller under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 8 - Product information

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.

The photographs of the products are not contractual.

Article 9 - Price

The seller reserves the right to change prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, particularly environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

Article 10 - Method of payment

This is an order with an obligation to pay, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has his choice of all the payment methods made available to him by the seller and listed on the seller's website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization for payment by bank card from officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. .

Payment of the price is made in full on the day of the order, as follows:

- Bank card

- paypal

- bank transfer

Article 11 - Product availability - Refund - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the home page of the site, the shipping times will, within the limits of available stocks, be those indicated below. Shipping times run from the date of payment for the order indicated on the order confirmation email.

For deliveries in mainland France and Corsica, the delivery time is one week following payment, according to the following terms: UPS and DHL. At the latest, the deadline will be 30 working days after the conclusion of the contract.

For deliveries to overseas departments and territories or to another country, the delivery terms will be specified to the buyer on a case-by-case basis.

In the event of failure to comply with the agreed delivery date or deadline, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period.

In the absence of performance at the expiration of this new period, the buyer may freely terminate the contract.

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium.

The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days of the date on which the contract was terminated.

In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.

Article 12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the good. The products ordered are delivered in accordance with the terms and time specified above.

The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a calling card in the letterbox, which will allow the package to be collected at the place and time indicated.

If at the time of delivery, the original packaging is damaged, torn, opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip (package refused because open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail no later than three working days following receipt of the item (s) and send a copy of this letter by fax or simple letter to the seller at the following address: Château Maillard place called Romanas, 33210 Mazéres. (According to Article L133-3 of the Commercial Code).
When the valet does not justify having given him the opportunity to actually check their condition, the period mentioned in Article L. 133-3 of the Commercial Code is extended to ten days.

If the products need to be returned to the seller, they must be subject to a return request from the seller within 14 days of receipt of the package.

Article 13 - Delivery errors

The buyer must make with the seller any claim of delivery error and / or non-conformity of products in kind or in quality compared to the indications on the order form within 15 days of the order.

The complaint can be made, at the choice of the buyer by email, telephone or written letter.
Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the seller from all liability towards the buyer.

Upon receipt of the complaint, the seller will assign an exchange number for the product (s) concerned and will communicate it to the buyer by e-mail. The exchange of a product can only take place after the allocation of the exchange number.

In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller at the following address: Château Maillard lieu dit Ramonas, 33210 Mazéres.

Return costs are the responsibility of the seller.

Article 14 - Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from the delivery of the goods to act;

- the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;

- the buyer does not have to provide proof of the non-conformity of the good during the 24 months in the case of new goods (6 months in the case of second-hand goods), following delivery of the good.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. Of the Civil Code, the seller is responsible for hidden defects that may affect the goods sold. It will be up to the buyer to prove that the defects existed in the sale of the good and are such as to render the good unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the defect.

The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal 

Application of the right of withdrawal

According to article L221-18 of the Consumer Code, the buyer has a period of 14 days from the delivery date of his order, to return any item that does not suit him and request the exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.

Damaged, soiled or incomplete products are not taken back, unless their depreciation results from the handling necessary to establish the nature, characteristics and good condition of the goods.

The right of withdrawal can be exercised online, using the withdrawal form available on this website, or in the order confirmation email. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other mode of declaration of withdrawal is accepted. It must be unambiguous and express a willingness to retract.

If the right of withdrawal is exercised within the aforementioned period, the price of the product (s) purchased and the delivery costs are reimbursed.

Return shipping costs are the responsibility of the buyer.

The exchange (subject to availability) or the refund will be made within 15 days, and at the latest, within 14 days from the receipt, by the seller, of the products returned by the buyer within the conditions provided above.

Exceptions 

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- supply of goods, the price of which depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;

- supply of goods made to the consumer's specifications or clearly personalized;

- supply of goods liable to deteriorate or expire rapidly;
- supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
- supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- supply of digital content not provided on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.

Article 16 - Force majeure

All circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the obligations of the parties and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole owner of the intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.

Article 18 - Data processing and Freedoms

The personal data provided by the buyer is necessary for processing his order and preparing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The processing of information communicated through the Château Maillard website has been declared to the CNIL.

The buyer has a right of permanent access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the procedures defined on the Château Maillard site.

Article 19 - Partial non-validation

If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.

Article 20 - Non-waiver

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.

Article 21 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 22 - Language of the contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 23 - Mediation

CONSUMER MEDIATION SERVICE: Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.

In the event of unresolved disputes between the Professional and the Consumer, the consumer may refer to the consumer mediator.
Before approaching the consumer mediator, the consumer must have already tried to resolve his dispute directly with the professional by a written complaint or have made a complaint according to the terms of the contract concluded with the professional.

Consumer mediation is an out-of-court settlement of consumer disputes.

If the conditions are met, consumer mediation will take place according to a precise process and according to the texts in force.
The procedure is free for consumers (R612-1 of the Consumer Code).

TO CONTACT THE CONSUMPTION MEDIATOR:

If no agreement with the professional following a complaint,

Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code (Conditions of admissibility). Free procedure for the consumer.

MEDIATION - LIVE BETTER TOGETHER

  • mediation-vivons-mieux-ensemble.fr
  • 465 avenue de la Liberation 54 000 NANCY
  • mediation@vivons-mieux-ensemble.fr

—-

European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR

contact@chateaumaillard.com

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the district court for disputes of an amount less than or equal to € 10,000 or the district court for disputes of an amount greater than € 10,000.

Il en est ainsi pour les règles de fond comme pour les règles de forme. En cas de litige ou de réclamation, l’acheteur s’adressera en priorité au vendeur pour obtenir une solution amiable.

Article 25 - Protection of personal data

Data collected 

The personal data collected on this site are as follows:

- account opening : when creating the user account, their name; first name; email address ; Phone Number ; address ;

- connection: when the user connects to the website, the latter records, in particular, his name, first name, connection, use, location and payment data;

- profile: the use of the services provided on the website makes it possible to complete a profile, which may include an address and a telephone number;

- payment : as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;

- communication: when the website is used to communicate with other members, data relating to user communications is temporarily stored;

- Cookies : cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their browser settings.

Use of personal data 

The personal data collected from users is intended to provide the services of the website, to improve them and to maintain a secure environment. More specifically, the uses are as follows:

- access and use of the website by the user;

- management of the operation and optimization of the website;

- organization of the conditions of use of the Payment Services;

- verification, identification and authentication of data transmitted by the user;

- offering the user the possibility of communicating with other users of the website;

- implementation of user assistance;

- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;

- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;

- management of any disputes with users;

- sending commercial and advertising information, based on user preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;

- when the user publishes publicly accessible information in the free comment areas of the website;

- when the user authorizes the website of a third party to access his data;

- when the website uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;

- if required by law, the website can transmit data to respond to complaints against the website and comply with administrative and legal procedures;

- if the website is involved in a merger, acquisition, transfer of assets or reorganization proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.

Security and confidentiality

The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.

Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: contact@chateaumaillard.com

  • the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before implementing this right, the website may ask for proof of the user's identity in order to verify its accuracy.
  • the right of rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
  • the right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
  • the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
  • the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
  • the right to portability: they can request that the website provide them with the personal data provided to them in order to transmit them to a new website.

Bloctel

In accordance with Articles L.223-1 et seq. Of the Consumer Code, if the Customer no longer wishes to be canvassed by telephone on the number that he had communicated to the Seller, he can enter this telephone number on the list at any time. opposition to canvassing by Internet on the site www.bloctel.gouv.fr or by mail by writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret 10000 Troyes. This registration is free and valid for three years. However, the Seller may contact by telephone the Customer who has expressly requested it, during a period freely fixed by the Customer or failing that, within 3 months from the date of the Customer's request.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also notify users of the modification by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.

Annex : 

Withdrawal form 

(to be completed by the consumer,

within the maximum period of 14 days following the date of conclusion of the service contract)

Withdrawal form

To the attention of :

Château maillard

located at: lieu dit Ramonas, 33210 Mazéres

phone number: 0556761540

email address: contact@chateaumaillard.com

I hereby notify you of my withdrawal from the contract relating to …………………, ordered on:  ………

First and last name of the consumer: ……………..

Consumer address: ……………..

Date : ………………

Consumer's signature

Annex :

Consumer Code

Article L. 217-4 : “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to it by the contract or has been carried out under its responsibility. "

Article L. 217-5 : “The good conforms to the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "

Article L. 217-6 : "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was legitimately not in a position to know them".

Article L. 217-7 : “The lack of conformity which appears within a period of twenty-four months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller can rebut this presumption if it is not compatible with the nature of the good or the alleged lack of conformity. "

Article L. 217-8 : "The buyer is entitled to demand that the goods conform to the contract. However, he cannot dispute the conformity by citing a defect that he knew or could not have ignored when he contracted. The same is true when the defect has its origin in the materials which he himself supplied. "

Article L. 217-9 : "In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a manifestly disproportionate cost compared to the other modality, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. "

Article L. 217-10 : “If repair and replacement of the good is not possible, the buyer can return the good and have the price returned or keep the good and have part of the price returned. The same option is open to him: 1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for the latter given the nature of the good and the use he seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor. ”

Article L. 217-11 : The provisions of Articles L. 217-9 and L. 217-10 are applied at no cost to the buyer. These same provisions do not preclude the award of damages.

Article L. 217-12 : "The action resulting from the lack of conformity lapses two years after delivery of the goods."

Article L. 217-13 : "The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which him is recognized by law. "

Article L. 217-14 : "Recourse can be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code.

Article L. 217-15 : "The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the good or the provision of any other related service. with the good, in addition to its legal obligations to ensure the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it clearly and precisely mentions that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to use it. "

Article L. 217-16 : “When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "

Civil Code

Article 1641 : “The seller is bound by the guarantee due to hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given a lower price, if he had known them. ”

Article 1648 : "The action resulting from crippling defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity.

Protection of minors

Article L. 3342-1 of the Public Health Code states that the sale of alcohol is prohibited to minors under the age of 18. By placing an order on the website www.chateaumaillard.com and filling in the appropriate box, the buyer agrees to be at least the legal age required on the date of the order.

Château Maillard guarantees the strictly internal use of information concerning its customers.

The photos presented on the site are not contractual. Chateau Maillard cannot be held liable in the event of an accidental error in the information published on its site.

Any dispute arising during the execution of the sale will be subject to French law. The competent jurisdiction will be that of Bordeaux.

© 2011–2020 · Château Haut-Blanville — Grands Vins du Languedoc · Production E-Colibri ·

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

For any additional information on the protection of personal data, we invite you to consult the site: https://www.cnil.fr/

The currently online version of these conditions of use is the only one enforceable during the entire period of use of the site and until a new version replaces it.

Last update: 02.21.2019

Article 1 - Legal notices

1.1 Site (hereinafter "the site"): Château Maillard

1.2 Publisher (hereinafter "the publisher"):

Château Maillard, with capital of € 2,846,106,
located in Mazéres, place called Ramonas 33210 Mazéres
represented by Bruno David, in his capacity as Chairman,
registered with the Bordeaux RCS 392 421 079 00014,
phone number: 0556761540,
email address: contact@chateaumaillard.com,

Article 2 - Access to the site

Access to the site and its use are reserved for strictly personal use. You agree not to use this site and the information or data contained therein for commercial, political, advertising purposes or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.

Article 3 - Site content

All brands, photographs, texts, comments, illustrations, images, animated or not, video sequences, sounds, as well as all computer applications that could be used to make this site work and more generally all the elements reproduced or used on the site are protected by the laws in force in respect of intellectual property.
They are the full and entire property of the publisher or its partners. Any reproduction, representation, use or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited. The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

Article 4 - Site management

For the proper management of the site, the publisher may at any time:
- suspend, interrupt or limit access to all or part of the site, reserve access to the site, or to certain parts of the site, to a specific category of Internet users;
- delete any information that could disrupt its operation or contravene national or international laws, or the rules of Netiquette;
- suspend the site in order to carry out updates.

Article 5 - Responsibilities

The publisher cannot be held liable in the event of failure, breakdown, difficulty or interruption of operation, preventing access to the site or to one of its functions.
The connection material to the site you use is under your sole responsibility. You must take all appropriate measures to protect your equipment and your own data, including virus attacks over the Internet. You are also solely responsible for the sites and data you consult.

The publisher cannot be held responsible for any legal proceedings against you:
- due to the use of the site or any service accessible via the Internet;
- due to your non-compliance with these general conditions.

The publisher is not responsible for any damage caused to you, to third parties and / or to your equipment as a result of your connection or your use of the site and you waive any action against him as a result.
If the publisher were to be the subject of an amicable or legal procedure because of your use of the site, he could turn against you to obtain compensation for all damages, sums, convictions and costs that could result from this procedure.

Article 6 - Hypertext links

The establishment by users of all hypertext links to all or part of the site is authorized by the publisher. Any link must be removed at the publisher's request.
Any information accessible through a link to other sites is not published by the publisher. The publisher has no rights in the content in said link.

Article 7 - Data collection and protection

Your data is collected by Château Maillard. Personal data refers to any information relating to an identified or identifiable natural person (data subject); is deemed identifiable a person who can be identified, directly or indirectly, in particular by reference to a name, an identification number or to one or more specific elements, specific to his physical, physiological, genetic, psychological, economic, cultural or social.
The personal information that may be collected on the site is mainly used by the publisher for managing relationships with you, and where applicable for processing your orders.

The personal data collected are as follows:
- Last name and first name
- Address
- Mail address
- phone number

- Financial data: as part of the payment for products and services offered on the Platform, the Platform records financial data relating to the user's credit card.

Article 8 - Right of access, rectification and delisting of your data

In application of the regulations applicable to personal data, users have the following rights:
· Le droit d’accès : ils peuvent exercer leur droit d’accès, pour connaître les données personnelles les concernant, en écrivant à l’adresse électronique suivante. Dans ce cas, avant la mise en œuvre de ce droit, la Plateforme peut demander une preuve de l’identité de l’utilisateur afin d’en vérifier l’exactitude.
The right of rectification: if the personal data held by the Platform are inaccurate, they may request the updating of the information.
The right to delete data: users can request the deletion of their personal data, in accordance with applicable data protection laws.
The right to limit processing: users can ask the Platform to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
The right to portability: they can claim that the Platform gives them the personal data that has provided them to transmit them to a new Platform.
You can exercise this right by contacting us at the following address:

Or by email, at:

All requests must be accompanied by a photocopy of a valid signed identity document and mention the address at which the publisher can contact the requester. The response will be sent within one month of receipt of the request. This one-month period may be extended by two months if the complexity of the request and / or the number of requests so require.

In addition, and since Law No. 2016-1321 of October 7, 2016, those who wish to do so have the possibility of organizing the fate of their data after their death. For more information on the subject, you can consult the CNIL website: https://www.cnil.fr/.

Users can also lodge a complaint with the CNIL on the CNIL website: https://www.cnil.fr.

We recommend that you contact us first, the contact within the Platform before filing a complaint with the CNIL, because we are at your entire disposal to resolve your problem.

Article 9 - Use of data

The personal data collected from users is intended to provide the services of the Platform, to improve them and to maintain a secure environment. The legal basis for processing is the execution of the contract between the user and the Platform. More specifically, the uses are as follows:

- access and use of the Platform by the user;
- management of the operation and optimization of the Platform;
- implementation of user assistance;
- verification, identification and authentication of data transmitted by the user;
- personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- management of any disputes with users;
- sending of commercial and advertising information, based on user preferences;
- organization of the conditions of use of the Payment Services.

Article 10 - Data retention policy

The Platform keeps your data for the time necessary to provide you with its services or to provide you with assistance.
To the extent reasonably necessary or required to meet legal or regulatory obligations, resolve disputes, prevent fraud and abuse, or enforce our terms and conditions, we may also retain some of your information as necessary, even after you have closed your account. or that we no longer need to provide you with services.

Article 11- Sharing of personal data with third parties

Personal data may be shared with third-party companies exclusively in the European Union, in the following cases:
- when the user uses payment services, for the implementation of these services, the Platform is in contact with third-party banking and financial companies with which it has entered into contracts;
- when the user publishes information accessible to the public in the free comment areas of the Platform;
- when the user authorizes the website of a third party to access his data;
- when the Platform uses the services of providers to provide user support, advertising and payment services. These service providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data. staff ;
- if required by law, the Platform may transmit data to respond to complaints made against the Platform and comply with administrative and judicial procedures;

Article 12 - Commercial offers

You are likely to receive commercial offers from the publisher. If you do not wish it, please click on the following link: contact@chateaimaillard.com
Your data may be used by the publisher's partners for commercial prospecting purposes. If you do not wish to do so, please click on the following link: chateau@maillard.com
If, while viewing the site, you access personal data, you must refrain from any collection, any unauthorized use and any act that may constitute an attack on the privacy or reputation of individuals. The publisher accepts no responsibility in this regard.
The data are kept and used for a period in accordance with the legislation in force.

Article 13 - Cookies

What is a cookie " ?
A "Cookie" or tracer is an electronic file deposited on a terminal (computer, tablet, smartphone, etc.) and read for example when consulting a website, reading an email, installing or the use of software or a mobile application, regardless of the type of terminal used (source: https://www.cnil.fr/fr/cookies-traceurs-que-dit-la- law ).
By browsing this site, "cookies" from the company responsible for the site concerned and / or third-party companies may be placed on your terminal.
When you first browse this site, an explanatory banner on the use of "cookies" will appear. Therefore, by continuing to browse, the customer and / or prospect will be deemed to have been informed and to have accepted the use of said "cookies". The consent given will be valid for a period of thirteen (13) months. The user has the option of deactivating cookies from their browser settings.

All information collected will only be used to track the volume, type and configuration of traffic using this site, to develop its design and layout and for other administrative and planning purposes and more generally to improve the service. that we offer you.

The following cookies are present on this site:

Facebook cookies:
- Facebook connect: allows you to identify yourself using your Facebook account.
- Facebook social plugins: allows you to like, share, comment on content with a Facebook account.
- Facebook Custom Audience: allows you to interact with the audience on Facebook.

The lifespan of these cookies is thirteen months.

For more information on the use, management and deletion of "cookies", for any type of browser, we invite you to consult the following link: https://www.cnil.fr/fr/cookies-les -tools-to-master them.

Article 14 - Photographs and representation of products

Photographs of products, accompanying their description, are not contractual and do not commit the publisher.

Article 15 - Applicable law

These conditions of use of the site are governed by French law and subject to the jurisdiction of the courts of the publisher's head office, subject to specific attribution of jurisdiction arising from a particular law or regulation.

Article 16 - Contact us

For any questions, information on the products presented on the site, or concerning the site itself, you can leave a message at the following address: contact@chateaumaillard.com

Google Analytics

As a statistical tool, the site www.chateaumaillard.com uses Google Analytics. It is compulsory for sites using this service to mention a standard text for visitors, text which is inserted in the following paragraph and between quotation marks:

"This site uses Google Analytics, a web analysis service provided by Google Inc. (" Google "). Google Analytics uses cookies, which are text files placed on your computer, to help the website analyze how users use the site. The data generated by the cookies concerning your use of the site (including your IP address) will be transmitted and stored by Google on servers located in the United States. Google will use this information for the purpose of evaluating your use of the site, compiling reports on site activity for its publisher and providing other services relating to site activity and the use of 'Internet. Google is likely to communicate this data to third parties in the event of a legal obligation or when these third parties process this data on behalf of Google, including in particular the editor of this site. Google will not match your IP address with any other data held by Google. You can deactivate the use of cookies by selecting the appropriate settings on your browser. However, such deactivation could prevent the use of certain features of this site. By using this website, you expressly consent to the processing of your personal data by Google under the conditions and for the purposes described above. "

The www.chateaumaillard.com site collecting personal information from its users is declared to the CNIL under the following registration number: ********.

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