Terms of Sale

GENERAL TERMS AND CONDITIONS OF SALE

Domaines Reybier – Château Cos d’Estournel

1 – Purpose and Scope of Application

Domaines Reybier, whose activities include in particular the production and marketing of prestige wines, offer a distance selling service for their products (hereinafter the “Products”), via the website www.estournel.com and by direct contact (email).

1.1. Definitions

“Client”: any natural or legal person, governed by private or public law, registered on the Website.
“Website Content”: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
“The Publisher”: SERUM AND CO, acting in its capacity as publisher of the Website.
“Internet User”: any natural or legal person, governed by private or public law, connecting to the Website.
“Product”: any good of any kind sold on the Website by the Publisher to Clients.
“Website”: the website accessible at the Cos d’Estournel URL, as well as related sub-sites, mirror sites, portals, and URL variations.

1.2. Application

These General Terms and Conditions of Sale (hereinafter the “GTC”) define the contractual rights and obligations applicable to any distance sale concluded between Domaines Reybier and any adult natural person acting as a consumer (hereinafter the “Client”).

Any order implies full, complete, and unconditional acceptance of these GTC, which prevail over any other document, in particular any purchasing conditions of the Client.

The Website is freely and openly accessible to any Internet User. Browsing the Website implies acceptance by any Internet User of these general conditions. Simple connection to the Website, by any means whatsoever, including via a robot or browser, constitutes full and unconditional acceptance of these general conditions. Upon registration on the Website, such acceptance is confirmed by checking the corresponding box.

The Internet User thereby acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher’s automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

These general conditions apply to relations between the parties to the exclusion of all other conditions, in particular those of the Internet User.

Acceptance of these general conditions presupposes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if incapacitated, of their legal representative if minors, or that they hold a mandate if acting on behalf of a legal entity.

Domaines Reybier reserve the right to amend these GTC at any time. The applicable GTC are those in force on the date the order is validated.

2 – Ordering Conditions and Process

2.1. Capacity – Legal Age

The Client declares and warrants that they are at least eighteen (18) years old, in accordance with Article L.3342-1 of the French Public Health Code, and that they have the legal capacity required to enter into a contract.

Domaines Reybier reserve the right to refuse or cancel any order in the event of a legitimate doubt regarding the Client’s age or legal capacity.

2.2. Order Process

2.2.1. Placing an Order

To place an order, Internet Users may select one or more Products and add them to their cart. Product availability is indicated on the Website in the product description page for each item. Once their selection is complete, they may access their cart by clicking the button provided for this purpose.

2.2.2. Order Validation by the Internet User

By viewing their cart, Internet Users may verify the quantity and nature of the Products selected, check their unit price and total price, and remove one or more Products if necessary.
If the order is satisfactory, Internet Users may validate it. They will then access a form allowing them either to enter their login details if they already have an account, or simply to provide their delivery information.

2.2.3. Payment by the Client

Once logged in, or after having fully completed the registration form, Clients will be invited to review or amend their delivery and billing details, and then to proceed with payment by being redirected to the secure payment interface bearing the wording “order with obligation to pay” or any similar wording.

2.2.4. Order Confirmation by the Publisher

Once payment has been effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Client by electronic means within a maximum period of 24 hours. Within the same timeframe, the Publisher undertakes to send the Client an email summarizing the order and confirming that it is being processed, including all relevant information.

The Client will be contacted again at the time the order is shipped in order to be informed of the tracking number.

2.3. Order Methods

Orders may be placed:

• via the website www.estournel.com,
• or by email.

Any order is deemed firm and final only after written confirmation sent to the Client by electronic means. Such confirmation constitutes the conclusion of the sales contract.

Domaines Reybier reserve the right to refuse or suspend any order, in particular in the event of a prior dispute, an order anomaly, or non-payment.

2.4. Final Nature – Modification

Any validated order is firm and final.
No modification may be made without the prior written consent of Domaines Reybier.
Any accepted modification shall automatically render the initially communicated deadlines null and void, without Domaines Reybier incurring any liability.

2.5. Cancellation

Outside the exercise of the statutory right of withdrawal, any cancellation of an order at the Client’s initiative shall result in the sums paid being retained by Domaines Reybier as a fixed compensation, without prejudice to any additional damages.

3 – Product Availability

Products are offered subject to availability.

In the event of unavailability after order validation, Domaines Reybier will inform the Client as soon as possible and will offer, at their discretion:

• an equivalent Product,
• or a refund of the sums paid, within a maximum period of fifteen (15) days.

Domaines Reybier shall not be held liable for any failure or delay resulting in particular from stock shortages, force majeure, logistical disruptions, or any unforeseeable external event.

4 – Prices and Payment Conditions

4.1. Prices

Prices are expressed in euros and displayed as follows:

• For clients whose delivery address is located within the European Union: prices are indicated inclusive of all taxes (VAT included), including for en primeur sales.
• For clients whose delivery address is located outside the European Union: prices are indicated exclusive of taxes (VAT excluded). Any customs duties, local taxes, or import charges applicable in the destination country are not included in the price and remain the sole responsibility of the Client. Such duties and taxes shall be payable upon receipt of the order by the Client.

En primeur sales
For en primeur sales, applicable taxes are due and paid in full at the time of the order.

The wines are aged and stored at the estate until bottling. Delivery costs are not included in the sale price and will be invoiced at a later date, when the wines are made available, generally around two (2) years after the order.

In this respect, the Client will receive an invoice corresponding to the delivery costs due and will be invited to confirm the desired date and place for receiving their wines.

Transport costs, duties, taxes, and any insurance are invoiced in addition, unless expressly stated otherwise.

The prices applicable are those in force at the time of the order. Domaines Reybier reserve the right to modify their prices at any time, without retroactive effect.

4.2. Payment

For deliverable wines, the price is payable in full in cash at the time of the order. Validation of payment conditions shipment.

For en primeur sales:

• a first payment relates to the price of the wine,
• a second payment will be due when the wines are made available, including taxes and ancillary costs.

No discount shall be granted, including in the event of early payment.

4.3. Failure to Pay

In the event of total or partial non-payment, Domaines Reybier reserve the right to suspend or cancel the order and to demand immediate payment of all sums due, without prejudice to any legal action.

5 – Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to justify their decision.

The Products must be returned:

• unopened,
• in their original condition and packaging,
• at the Client’s sole expense.

The refund will be made within a maximum period of fourteen (14) days from receipt of the returned Products, subject to their compliance.

The right of withdrawal does not apply to:

• Products unsealed by the Client,
• personalized Products or Products subject to a specific request.

6 – Retention of Title – Transfer of Risk

The Products remain the exclusive property of Domaines Reybier until full payment of the price.
In the event of non-payment, Domaines Reybier may recover the Products, the sums paid remaining retained as fixed compensation.

The risks of loss or damage are transferred to the Client upon handover of the Products to the carrier, including where the carrier is chosen by Domaines Reybier.

7 – Delivery

Delivery times are indicative and do not constitute a firm commitment. No delay shall give rise to compensation or cancellation.
Unless otherwise stated, delivery costs are borne by the Client.

It is the Client’s responsibility to check the condition of the Products upon delivery. In the event of damage or missing items, the Client must:

1. make precise and substantiated reservations to the carrier,
2. inform Domaines Reybier by registered letter within a maximum period of three (3) days.

Failing this, the Products shall be deemed accepted without reservation.

7.1 – Delivery Location

Where the Client chooses to collect the Products themselves, collection shall take place at the Domaines Reybier warehouse at the following address:
ZAC Saint Laurent Médoc, 1 Lieu-dit Les Cabernets – 33112 Saint-Laurent-Médoc.

An appointment must be scheduled by telephone at +33 (0)5 56 73 15 50 or by email at private-member@estournel.com. Without an appointment, collection cannot take place.

8 – Warranties

The Products benefit from:

• the statutory warranty of conformity (Articles L.217-3 to L.217-20 of the French Consumer Code),
• the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).

Any claim must be addressed to:
Domaines Reybier – Château Cos d’Estournel
33180 Saint-Estèphe
Tel.: +33 (0)5 56 73 15 50 – Email: estournel@estournel.com

9 – Liability

The liability of Domaines Reybier cannot be engaged for indirect damages, loss of business, or intangible losses resulting from the purchase or use of the Products.
Liability related to transport rests with the carrier once the Products are taken into charge.

10 – Personal Data Protection

Personal data collected are processed in accordance with the Privacy Policy available on the website www.estournel.com.
The Client has rights of access, rectification, erasure, restriction, objection, and portability, in accordance with applicable regulations.

11 – Applicable Law – Dispute Resolution

These GTC are governed by French law.
In the event of a dispute, the parties shall endeavor to reach an amicable solution. Failing this, the French courts shall have exclusive jurisdiction.

Only the French version of these GTC shall be authoritative.

Any dispute concerning the application, interpretation, performance of these GTC, the sales contracts concluded by Domaines Reybier, or the payment of the price, shall be brought before the Commercial Court having jurisdiction over the registered office of Domaines Reybier, regardless of the place of the order, delivery, or payment, and the method of payment, even in the event of third-party proceedings or multiple defendants.

Bills of exchange shall neither novate nor derogate from this jurisdiction clause.

Furthermore, in the event of legal action or any other debt recovery action undertaken by Domaines Reybier, the costs of formal notice, legal proceedings, as well as attorneys’ and bailiffs’ fees, and all related costs shall be borne by the defaulting Client, as well as any costs linked to or resulting from the Client’s failure to comply with the payment or delivery conditions of the order concerned.