Article 1 – Object
A producer and merchant of wines in France, Domaines Reybier offers distance selling of its wines, or “Products.” These Terms & Conditions of Sale, or “T&C,” govern the contractual relations between the seller, Domaines Reybier, and the buyer, or “Customer,” whether a natural person or legal entity. Upon placing an order, the Customer will be fully bound by these T&C, which prevail over any other documents, especially any Terms & Conditions of Purchase.
Article 2 – Orders
2.1. Conditions
Any Customer placing an order with Domaines Reybier declares that he or she is over eighteen (18) years old in conformity with Article L. 3342-1 of the Public Health Code.
2.2. Order Placement
Upon receiving an order by letter, email, telephone or fax, Domaines Reybier will send confirmation to the Customer.
2.3. Order Changes
Any order placed with Domaines Reybier is considered binding for the Customer, unless changes are acknowledged in writing by Domaines Reybier.
In the event that an order is changed by the Customer, Domaines Reybier will not be held responsible for any additional time required to carry out said change.
2.4. Order Cancellation
In the event of cancellation by the Customer, any paid or outstanding sums will be retained by Domaines Reybier.
Article 3 – Unavailability of Product(s)
Domaines Reybier is committed to fulfilling all orders, subject to Product availability.
Domaines Reybier will not be held responsible for its inability to fulfill its contract with the Customer should the Product(s) be unavailable or sold out or in case of force majeure, strike or disruption of transport services, communications issues or any other problem that cannot be anticipated or controlled by the parties in contract.
If a Product is unavailable, Domaines Reybier will notify the Customer as soon as possible and offer an exchange for an equivalent Product or refund within seven (7) days of payment.
Article 4 – Pricing and Payment Conditions
4.1. Pricing
Prices of wines available for immediate delivery are indicated in euros (taxes included).
For en primeur purchases, prices are listed before taxes. Taxes are payable upon delivery. Shipping costs are not included unless explicitly indicated otherwise.
4.2. Payment
Payment for orders of wines available for delivery is due immediately. Products will be dispatched upon receipt of payment.
In the case of en primeur orders, two payments will be made. The first payment, in the amount of the total cost of Products, will be made at the time of the order. A second payment, in the amount of the cost of taxes and shipping, will be made when the Products become available.
No discounts will be granted by Domaines Reybier for immediate or early payment.
4.3. Non-payment
In the event that payment is not received in full or payment conditions are not respected, Domaines Reybier reserves the right to cancel delivery.
Article 5 – Right of Withdrawal
The Customer has fourteen (14) clear days from order delivery to return Product(s) in the original packaging for an exchange or refund without penalties. Only shipping costs will be deducted from the amount refunded. The Customer must notify Domaines Reybier of his or her decision to return the merchandise in writing (email, fax, letter). These terms do not apply to personalized items or special requests made by the Customer (special formats, personalized packaging…).
Article 6 – Right of Ownership – Transfer of Risk
6.1. Domaines Reybier maintains right of ownership of any sold Product(s) until the Customer has paid for his or her order in full. If payment obligations are not fulfilled, Domaines Reybier reserves the right to repossess the Product(s) in question.
Should this occur, Domaines Reybier may keep any deposit made by the Customer as compensation, without renouncing any other course of action to which it may be entitled.
6.2. Any risks concerning Product(s) sold by Domaines Reybier become the responsibility of the shipping company once Product(s) are collected by the latter party.
Article 7 – Delivery – Product Pick-Up
When both parties agree that Domaines Reybier is responsible for delivery, the Conditions outlined in Article 7.1. apply.
When both parties agree that the Customer will pick up his or her Products or have them picked up, the Conditions outlined in Article 7.2 apply.
7.1. Delivery
7.1.1. Timing
Products purchased by the Customer will be delivered within seven (7) days upon receipt of payment by Domaines Reybier.
Delivery dates are estimates provided for information purposes only. Exact delivery dates are subject to carrier availability, the order in which orders are received and availability of goods from suppliers of Domaines Reybier.
Under no conditions will delivery delays result in compensation or provide grounds for order cancellation.
7.1.2. Shipping Costs
Shipping costs are paid by the Customer, unless explicitly stipulated otherwise. Should delivery be rendered impossible due to one or more errors in the delivery address provided by the Customer, he or she will be held responsible for additional shipping costs and will neither be compensated for delays in delivery nor have the right to file claims concerning said delays.
7.1.3. Shipping
The Product(s) ordered by the Customer will be sent to the delivery address provided by the Customer at the time of order.
Should Product(s) be missing or damaged upon delivery, it is the Customer’s responsibility to alert the shipping company of these issues.
The Customer must send a registered letter with acknowledged receipt to the shipping company signaling any such issues within three (3) days of delivery, according to Article L. 133-3 of the French Commercial Code. A copy of the letter must be sent to Domaines Reybier. If no such anomalies are thus communicated by the Customer, the Product(s) will be considered conform and accepted by the Customer.
7.1.4. Filing Claims with Domaines Reybier
In the event of claims, the Customer must first inform the carrier according to the provisions of Article 7.1.3.
7.1.5. Should Product(s) be damaged or missing upon delivery, any claims must be addressed to Domaines Reybier in writing, by registered mail with acknowledgement of receipt, within three (3) days, according to the provisions of Article 7.1.3., to the following address:
Domaines Reybier – Château Cos d’Estournel – 33180 Saint-Estèphe
Tel.: 05.56.73.15.50
An order that is received without reservations on the part of the Customer will be considered complete and intact. Domaines Reybier cannot be held responsible for destruction, damage, loss, theft or any other event occurring during shipping, even if it involves a carrier of its choice. Return shipping costs are at the charge of the Customer; only re-shipping costs will be paid by Domaines Reybier.
7.2. Pick-Up
7.2.1. Location
In the event the Customer chooses to collect his Product(s), pick-up will occur at Domaines Reybier at the following address:
Château Cos d’Estournel – 33180 Saint-Estèphe.
Pick-up is on an appointment-only basis. Appointments for collection must be made ahead of time by telephone (05.56.73.15.50) or by email (private-member@estournel.com).
7.2.2. Timing
Once the Customer is notified by Domaines Reybier that his order is available, he or she has thirty (30) days to collect his or her Product(s) or to mandate a third party to collect them.
After thirty (30) days, Domaines Reybier reserves the right to withdraw from the contract according to the provisions of the Civil Code.
At the end of this period, Domaines Reybier is no longer responsible for storing the Product(s) and cannot be held responsible for any possible deterioration.
7.2.3. Collection Fees
The Customer is responsible for any fees incurred by pick-up.
Article 8 – Place of Jurisdiction
8.1. Domaines Reybier elects domicile at its head offices.
8.2. Any dispute concerning the application, interpretation or execution of these T&C, the sales contracts concluded by Domaines Reybier or payment will be referred to the Commercial Court with jurisdiction over the location of Domaines Reybier’s head offices. The location of the Customer at the time of the order, delivery or payment, the payment mode or the introduction or third parties or multiple defendants will have no bearing on jurisdiction.
The issuing of a bill of exchange will not result in novation or derogation of this attributive clause of jurisdiction.
8.3. Furthermore, any lawyer or bailiff fees or any other related costs incurred by legal proceedings or other actions initiated by Domaines Reybier to collect debts, as well as any costs incurred by the non-compliance of payment conditions or order delivery, shall by paid by the Customer.
Article 9 – Applicable Legislation – Contract Language
9.1. Any questions concerning—and not addressed by—these T&C or sales governed by the these T&C will be judged exclusively according to French law, and on a suppletive basis by the Vienna Convention on the International Sale of Goods.
9.2. For the sake of expediency, these T&C have been translated into English. In the event of dispute, however, only the French text will prevail.
