CHÂTEAU SIRAN produces and sells wines in France. As such, CHÂTEAU SIRAN offers mail to order and wine tourism services. The present General Conditions of Sale (hereafter “GCS”) govern the contractual relations born of sales between CHÂTEAU SIRAN on the one hand and any person, physical or moral, who has made a purchase on the other hand (hereafter the “Customer”).
II. Application of the General Terms and Conditions of Sale
Any order for wine or reservation of wine tourism services (hereinafter the “Products”) implies the Customer’s unreserved acceptance and full and complete adherence to these GCS, which take precedence over any other document from the purchaser, and in particular over the latter’s general terms and conditions of purchase.
The present conditions exclusively govern mail order sales of wines and reservations of wine tourism services by CHÂTEAU SIRAN. In the absence of particular stipulation with the present conditions agreed in writing between the parties, in particular in the commercial offers of CHÂTEAU SIRAN, the orders and reservations placed on the website (chateausiran.com), sent by email (email@example.com) or by post (13 av du comte Lynch, 33460 Labarde) are subject by right to the present GCS the regardless of clauses figuring on the face of documents completed by the purchaser.
CHÂTEAU SIRAN reserves the possibility of adapting or modifying the present GCS at any time. In the event of modification, the GCS in force at the day of the order will be applied to each order.
The Customer who places an order with CHÂTEAU SIRAN declares being of legal age (18 years old), in accordance with article L.3342-1 of the Public Health Code.
III. Terms and conditions of order / Booking conditions
Any order or reservation accepted and confirmed is subject to the concomitant payment of 100% of the amount due. In the event of non-payment of the price or failure to comply with the terms of payment, CHÂTEAU SIRAN reserves the right to cancel the order.
CHÂTEAU SIRAN undertakes to process all orders and reservations within the limits of available stocks and the minimum or maximum number of participants for wine tourism services. CHÂTEAU SIRAN will not be held responsible for the inexecution of the contract with the Customer in the event of unavailability of the Product(s),stock shortage of the Product(s), force majeure condition(s), disturbance or strike of transport services, communication or any other unforeseeable fact(s) ,independent of the will of the parties.
In the event of unavailability of a Product ordered or reserved, CHÂTEAU SIRAN undertakes to inform the Customer as soon as possible in order to offer him/her either an equivalent Product in exchange, or a refund within fourteen (14) days from the date on which the Customer will have paid for his/her order or reservation.
Until the effective and integral payment of the order or reservation, CHÂTEAU SIRAN remains the owner of the sold Product. The payment will amount to transfer of ownership. However, the Customer becomes responsible for the articles as soon as the Product(s) is delivered, the transfer of possession amounting to transfer of risk.
Our Product offers are under no circumstances reserved for professional resellers. CHÂTEAU SIRAN will be able to refuse the benefit of its Products to any legal person proving to be or representing a professional retailer.
IV. Modification or cancellation of the Order / Reservation
Any request for modification or cancellation must be made in writing.
The orders transmitted to CHÂTEAU SIRAN are irrevocable for the Customer except with written acceptance of CHÂTEAU SIRAN. In the event of modification of the order or reservation by the Customer, CHÂTEAU SIRAN will be released from the deadlines agreed for its execution.
Cancellation of the reservation of wine tourism services is possible up to 48 hours preceding the service. Beyond 48 hours, the service is non-refundable.
Modification of the dates of reservation of wine tourism services is possible according to availability up to 24 hours preceding the service.
Cancellation of a wine tourism reservation due to bad weather or a delay is the sole decision of the customer. No refund can be claimed.
The delivery of the Discovery, Bacchus and Epicurean Tours are guaranteed starting from two people, the service of the Plateau Gourmand is guaranteed starting from two people, the animation of the Escape Game is guaranteed starting from four participants. CHÂTEAU SIRAN reserves the right to cancel any service if the minimum number of participants is not reached or if the maximum number of participants is exceeded. In this case, the Customer will be offered a replacement or refund at his choice.
CHÂTEAU SIRAN reserves the right to cancel one or more services of wine tourism without notice if the climatic, sanitary or safety conditions present a danger for the Customers and/or the teams of CHÂTEAU SIRAN. In this event, the Customer will be offered a replacement or refund at his choice.
CHÂTEAU SIRAN reserves the right to cancel or refuse any order or reservation from a Customer with whom there is a dispute under a previous order.
The prices communicated by CHÂTEAU SIRAN are expressed in Euros (€), all taxes included (French VAT and all other applicable taxes) and valid in Metropolitan France.
CHÂTEAU SIRAN reserves the right to modify its tariffs constantly. The tariffs are applicable during the period of validity mentioned on the commercial offers or estimates.
The price of Products ordered or reserved is payable in Euros only. The regulations govern the shipment of wines and the provision of wine tourism services. Products are invoiced on the basis of the price list in force at the time the order is recorded, except sale and without commitment, subject to typographical and display errors.
Shipping costs are invoiced in Euros and applicable in Metropolitan France (excluding Corsica and areas considered remote or isolated such as altitude stations and islands) and according to the number of bottles ordered.
CHÂTEAU SIRAN will bear the shipping costs for the purchase of 36 bottles or more when delivering the entirety order to the same address.
All offers are subject to availability.
VI. Terms of payment
Payment for services and goods is made in full at the time of order and in Euros only.
When the Customer pays for his order on the website, CHÂTEAU SIRAN does not have access to the Customer’s banking information as payment is made directly to the bank’s electronic payment solution which is the BNPParibas Mercanet solution. This payment solution implements SSL technology which protects information exchanged.
The totality of the payment is made when purchasing by credit card. Only credit cards with the acronym CB, Visa, Amex, Eurocard or Mastercard are accepted. The purchase is debited immediately. If a payment is refused, the customer must then contact his bank in order to check that there is no malfunction in his financial accounts. CHÂTEAU SIRAN can in no way be held responsible for this type of situation.
The Products remain the property of CHÂTEAU SIRAN until full payment of their price.
CHÂTEAU SIRAN manages invoicing. An invoice expressed in Euros including all taxes will be emitted and sent to the invoice address indicated by the Customer, once the order is paid and validated.
VIII. Delivery – Pick-up
The Products available on the e-commerce site CHÂTEAU SIRAN can be delivered only in Metropolitan France (except Corsica and areas considered remote or isolated such as altitude stations and islands).
For any other destination, please contact CHÂTEAU SIRAN by email at the following address: firstname.lastname@example.org or by telephone at: 05 57 88 34 04. A quotation of the carriage costs will be addressed to you and will have to be validated and regulated by you before sending.
The Products acquired by the Customer are dispatched within a maximum period of seven (7) working days from the reception by CHÂTEAU SIRAN of the payment of the order. The expeditions are made from Monday to Friday, except public holidays and days where CHÂTEAU SIRAN is closed. Orders placed on weekends or public holidays or closed days are validated on the next working day.
When placing an order on the CHÂTEAU SIRAN e-commerce site, the Customer can choose the option “pick up of my order at the property”. In this case, the availability of the products will also be confirmed within a maximum period of seven (7) working days from receipt by CHÂTEAU SIRAN of payment for the order. In the case where the order is not picked up within a maximum period of 2 months following availability, CHÂTEAU SIRAN will be entitled to charge additional security costs, at a rate of 12 Euros including all taxes per case of wine and per month of delay.
The times of dispatch and arrival are shared for the purpose of informing the customer; those times depend on the availability of the carriers, the position of arrival of the orders and the provision of the complementary products by the suppliers of CHÂTEAU SIRAN. Delays in delivery and availability may not give rise to any compensation, nor justify the cancellation of the order.
The Products are delivered to the address communicated by the Customer. The Customer is responsible for the instructions that he enters and must not omit any indications which must be completed in the delivery form. In the event of delivery made impossible due to one or more errors made by the Customer in entering the delivery address, the costs of reshipment shall be borne by the Customer, who shall not be entitled to make any claim for late delivery.
In the event of a change of address, the Customer is requested to notify CHÂTEAU SIRAN in writing. If the order has already been dispatched, the costs of reshipment will be borne by the Customer, who may not make any claim for late delivery.
The delivery of the goods is carried out by a specialised carrier: DSV MITJAVILE in mainland France and by its partners for other destinations. Their services are provided in accordance with the general conditions governing operations carried out by freight forwarding agents and consolidators of general merchandise, as amended by decree no. 2017-461 of 31 March 2017 and JORF no. 0079 of 2 April 2017.
As such, packaged goods are covered against transport risks (damages or loss) within the limit of their contractual guarantee set at €33 per kilo with a maximum of €1,000 per package. In the event that the intrinsic value exceeds the limits of their contractual liability, it offers the possibility of taking out insurance covering the full value. The Ad Valorem premium rate is set at 0.50% with a minimum of €8.
In addition, for any prejudice resulting from a delay or any other difficulty in delivery, compensation can in no case exceed the amount of the transport price resulting from the tariff (duties, taxes and miscellaneous costs not included). On the other hand, in order to safeguard their rights in the event of a dispute on delivery (breakage, missing parcels) the recipient customer must take precise and detailed reservations with regards to the date and commercial stamp on the carrier’s receipt at the time of delivery.
The recipient Customer is informed of his delivery the day before by text message (mobile phone number compulsory at the time of shipment). In the event of absence at the time of delivery, the delivery will be made to a parcel relay (maximum 6km from the address). The recipient customer will then be informed of the location of the relay parcel by text message. This service is included in the price. The recipient customer will have 8 days to pick up his package. Beyond 8 days, the parcel will be returned to CHÂTEAU SIRAN, at the expense of the recipient customer.
Customers absent at the time of the 1st delivery are systematically notified, the 2nd presentation is generally free of charge. The 2nd presentation fee is charged when the impediment to delivery is related to the recipient (refusal, address error, change of address in the same department, coded door etc…). They are charged 17.00€ HT up to 100kg, then 17.00€ HT for 100kg and above. In case of return of parcel following a refusal, the return costs are equal to the outward tariff, increased by 30%. The delivery time is from 2 to 5 working days, from their warehouse under normal conditions.
It is up to the Customer, in the event of damage to the goods delivered or missing goods, to make all the necessary reservations to the carrier by expressing your reservations in a legible and comprehensible manner on the delivery slip, and within three days (not including public holidays) following that of this receipt, by registered letter with acknowledgement of receipt to the carrier, with a copy to CHÂTEAU SIRAN at the following address: 13, av du Comte Lynch, 33460 Labarde, in order to preserve his rights. The Customer can support his request with photographs. As of reception of the mail, CHÂTEAU SIRAN will carry out the replacement or the refunding as soon as possible.
Any product not having been the subject of reserves by registered letter with acknowledgement of receipt within three (3) days of its reception with the conveyor, in accordance with article L.133-3 of the Commercial Code and with a copy addressed simultaneously to CHÂTEAU SIRAN, will be considered accepted by the Customer.
In the event of apparent defects or missing items, any complaint, whatever its nature, relating to the Products delivered, will only be accepted by CHÂTEAU SIRAN if it is made in writing, by registered letter, with acknowledgement of receipt, within three (3) days, in accordance with article L.133-3 of the Commercial Code, to the following address: Château Siran, 13, av du Comte Lynch, 33460 Labarde.
The unreserved receipt of the Products ordered by the Customer covers any apparent and/or missing defect. The responsibility of CHÂTEAU SIRAN can in no case be called into question for facts during transport, destruction, damage, loss or theft, even if it has chosen the carrier.
The Products returned are at the expense of the Customer, only the forwarding expenses being taken care of by CHÂTEAU SIRAN in the event of replacement.
IX. Right of withdrawal
The Customer has the possibility to withdraw from the order received without giving a reason within fourteen days by virtue of article L121-16 of the Consumer Code. The withdrawal period expires fourteen (14) days after the day on which the Customer or a third party other than the carrier and mandated by the Customer, takes physical possession of the goods.
To exercise his right of retraction, the Customer must notify CHÂTEAU SIRAN of his decision to retract this order by means of a declaration free of ambiguity by post to the address CHÂTEAU SIRAN, 13, av du comte JB Lynch, 33460 Labarde, France, or by Email to the address email@example.com within fourteen (14) days as from the reception of the goods. After this period, the Customer will not be able to use this right anymore.
CHÂTEAU SIRAN places a form of retraction to download* at the disposal of these Customers.
For the retraction period to be respected, the Customer must return the goods to CHÂTEAU SIRAN without delay and, in any event, no later than fourteen (14) days after the latter has communicated its decision to retract this order.
The Customer who makes use of this option, will have the obligation to proceed under his responsibility and at his own expense to return the goods in their original packaging to CHÂTEAU SIRAN at the following address: Château Siran, 13, av du comte JB Lynch, 33460 Labarde. This time limit is deemed to be respected if the Customer returns the goods before the expiry of the fourteen (14) day period.
CHÂTEAU SIRAN will proceed to refund the goods at the latest fourteen (14) days as from the day of receipt of the letter of retraction, if the conditions allowing the use of the right of restriction have been fulfilled.
The exercise of the right of withdrawal is excluded for the following contracts:
– orders for en primeur wines by virtue of the exception provided for in point 7 of Article L.121-21-8 of the Consumer Code, (Supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader)
– orders for wines that are customised or requested by the Customer at the time of his order (special formats, personalised packaging, etc.).
– orders for wines that have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
– orders for wines which, after delivery, and by their nature, are inseparably mixed with other articles;
X. Nominative information
Data is collected and processed for the purpose of managing your orders and reservations. Pursuant to Article 27 of Law No. 78-17 of January 6, 1978 “Informatique et libertés”, the customer has a right to access, modify, rectify and delete data concerning him. To exercise this right, the customer must go to his personal account and modify his information. The customer can also exercise this right:
– by e-mail: firstname.lastname@example.org
– by mail : CHÂTEAU SIRAN 13 av du comte JB Lynch, 33460 Labarde
The information collected on our website may only be communicated to third parties with the prior consent of the customer. The communication of this information may also be made to meet legal and regulatory obligations.
XI. Liability and Applicable Law
CHÂTEAU SIRAN reminds you that alcohol abuse is dangerous for your health and that it is not responsible for the consequences of its consumption.
The election of domicile is made by CHÂTEAU SIRAN at their head office.
Any dispute concerning the application of these GCS and their interpretation, their execution and the contracts of sale concluded by CHÂTEAU SIRAN, or the payment of the price, will be brought before the Commercial Court of the registered office of CHÂTEAU SIRAN, whatever the place of the order, the delivery, and the method of payment, and even in the event of call in guarantee or of plurality of defenders. The bills of exchange make neither novation, nor exemption from this clause attributive of jurisdiction.
In addition, in the event of legal action or any other debt recovery action taken by CHÂTEAU SIRAN, the costs of summons, legal proceedings, as well as lawyer’s and bailiff’s fees, and all ancillary costs will be borne by the Client at fault, as well as the costs linked to or arising from the Client’s failure to comply with the terms of payment or delivery of the order in question.
Any question relating to these GCS and to the sales they govern, which is not dealt with by these contractual stipulations, shall be governed by French law to the exclusion of any other law, and, as a supplement, by the Vienna Convention on the International Sale of Goods.
For convenience, a translation of these GCS in English has been prepared. However, in the event of a dispute, only the French text will be authentic.
In the event of litigation, the customer will be able to communicate with the commercial service of CHATEAU SIRAN in order to find an amicable solution. In accordance with the provisions of articles L 611-1 and R 612-1 et seq. of the Consumer Code concerning the amicable settlement of disputes, if the customer has addressed a written complaint to the professional and has not obtained satisfaction or a response within two months, he may submit his complaint free of charge to the consumer ombudsman. The matter must be referred to the mediator within a maximum period of one year from the initial complaint. The mediator is MEDIATION-NET. He can be contacted directly online at the following address: www.mediation-net-consommation.com – or by post MEDIATION-NET – 34, rue des Épinettes – 75017 PARIS – FRANCE.
In the event of failure of negotiations, the court of the registered office of S.C. CHÂTEAU SIRAN will have sole jurisdiction for any dispute arising from the application of these general terms and conditions of sale without excluding any referral by S.C. CHÂTEAU SIRAN to another competent court.
XII. Protection of minors
By virtue of Order No. 59-107 of 7 January 1959, Law No. 74-631 of 5 July 1974 and Article L.3353- 3 of the Public Health Code, the sale of alcohol in France is prohibited to minors under eighteen (18) years of age. Consequently, the Customer declares and undertakes to be at least eighteen (18) years of age at the date of the order.
The photos appearing on the website are communicated for illustrative purposes and without contractual value. We invite you to refer to the description of each product to know its precise characteristics.
XIV. Legal notice
Alcohol abuse is dangerous for your health, consume in moderation.