Article 1 : PREAMBULE

The customer recognizes having read the general terms and conditions below.Validation of your order by the click of “confirm your order” implies full acceptance by the Customer and his full commitment to the Terms of Sale. From the click of validation, every order is final and not subject to amendment.

Article 2 : CURRENT LAW

Domaine Girod website is established regarding French territory and therefore depends on the French law. Every order implies full acceptance by the Customer to the Terms of sale. This polices depend on the French rules for both for funds and forms.

Article 3 : LEGAL INFORMATION

MINORS AND CAPACITY

Pursuant to Ordinance No. 59-107 of 07 January 1959, and the Law N° 74-5 of July, 1974, the sale of alcohol is prohibited to minors under 18 years and similar. Therefore in filling the order, you recognize having the legal capacity to clinch the present deal.

THE FRENCH DATA PROTECTION AUTHORITY (CNIL)

In accordance with the Data Privacy law of January 6, 1978, the website of DOMAINE GIROD has been declared to the CNIL. Pursuant the law “Information technology, of files and of freedom”, you may give personal information while navigating this website. That information is mandatory for your order and is useful for services of DOMAINE GIROD.

You have a right of access, rectification, and opposition with respect to the information concerning you which may be exercised. Through us, you are advised that you can oppose the receiving of other company’s offers by writing us your last name, first name, address and client number also. The use of this right must be done either by mail to: DOMAINE GIROD - SCEA Vallon Rouge Route de Saint Michel - Les Esqueyrades 84220 ROUSSILLON – France, or by email to: domainegirod@wanadoo.fr,accompanied by a proof of identity.

ALCOHOL ABUSE

"Alcohol consumption can be dangerous for your health. It should be consumed with moderation”

Actual products may differ from photographs, pictures or illustrations.

Article 4 : PACKAGING

Regarding constraints of packaging, we remind you that the unit packet of wines is cartons or cases of 6 or 12 bottles.

Article 5 : PRICES

All prices are quoted in EURO, VAT included and costs of transport excluded, throughout the duration of the catalog whose rates are periodically updated. Shipping costs, customs duties and formalities are the sole responsibility of the customers.

Article 6 : DELIVERY

6.1- Conditions

The order will be sent to the address specified by the customer in the order validation form.The shipment will be rooted untilthe address of the recipient through our usual transport services or in any case a company of our own choice.

Delivery reception: it is essential that the person receiving the command checks the contents of the shipment before signing the carrier's slip

Signing the carrier's slip constitutes acceptance of the customer.

Any defect (missing or broken item, or any other damage) must be clearly specified on the slip. It must be reported to Domaine Girod in writing within 2 days of reception.

 

6.2- Delay

Deliveries in mainland France: The average delivery delay to a standard cost is 5 days, from the reception order (from Monday to Friday, order passed before 1:00 pm).

 

From December 1st to December 31st, an additional delay until 8 days, due to end-of-year festivities.

 

We do not ship Overseas Departments and Territories.

 

EU : 5 working days

Others countries: deadlines vary by destination (up to maximum 15 days)

 

In case of force majeure, within the limited quantity of stock available, deadlines remain notified above.

Deliveries excluded Sundays, Saturdays and holidays. Any order placed by a customer will be processed on Monday to Friday until 1:00 pm, excluded French holidays Deadlines are guaranteed, in case of non compliance of deadlines, the customer is refund.

 

For standard service, delivery is made between Monday and Friday (excluded holidays and days not worked).

 

Delivery delays:

We will make every effort to deliver your order within our usual delivery deadline. However, if we were not able to give you satisfaction, we inform you that under no circumstances refund the product shall not be required. Only under reservations refered to paragraphs 6.3 and 6.4 that the customer can be subject to refund.

6.3- Circumstances beyond our control

DOMAINE GIROD can’t be held for responsible for any lost, damage or non delivery, once it is established the existence of circumstances beyond our control. By ‘circumstances beyond our control”, means the following cases:

·               In unforeseeable circumstances or in cases of force majeure, namely earthquake, cyclone, storm, flooding, war, car, train or plane crash, embargo…

·               Any defects or specificities related to the shipment supposed to be known and agreed by our services

·               Any action, fault or neglect of a third party, i.e.: the sender, the recipient, or any interested third party, any customs officer, or any administration, any postal services, any carrier or any third party to whom the delivery shall be given by our own carrier to deliver areas non delivered by himself and this even if the sender has not requested or been informed of the use of a third party

Domaine Girod can’t also be held responsible for damage related to computer incidents (electronic or electric, erasure of data pictures or records).

6.4- Indirect Damage

Non-compliance with its undertaking whatever the reason, Domaine Girod cannot be held responsible for any refund except for its liability as carrier as far as reservations already mentioned above as concerned (delivery delay), its responsibility in case f indirect damage cannot be called by the customer. Those indirect damages or loss resulting from any loss of income, loss profits, loss of business or any loss due to the inability to use all or part of the shipment..

6.5- Broken item during shipment

If a package is found to be damaged (break of one pr several bottles), the recipient must refuse the package. The carrier will inform Domaine Girod. Once Domaine Girod has been informed, they undertake to replace the wines initially ordered. Neither reimbursement nor delivery fees cannot be claimed by the purchaser.

6.6- Availability

All our wines offered on the website are in stock. Therefore, our offer is subject to availability and exceptions specified. The updating of our database’s products is normally regular. However, products shown as available can sometimes no longer be, in the processing of your order. Therefore, the buyer expressly disclaims Domaine Girod, from any liability due to constraints mentioned above. Due to the constraints mentioned below, the purchaser cannot hold Domaine Girod for accountable.

6.7- Quality of the products

Domaine Girod can not be held responsible for deterioration of product quality or the packaging during the shipment.

6.8- Warsaw convention

If the final destination or transit destination is different from shipment origin, Warsaw convention can be applied.

If damage occurs beyond the French borders, the relations between the buyer and Domaine Girod are governed by the said agreement.

6.9- Delivery Address

If your package is back with "return to sender", with the mention “address incomplete” or “no such address”, our customer service will contact you to inform you and ask you more information about delivery address.

If so, you shall meet the costs of returning goods.Initials terms of delivery will be reviewed again. The delivery deadlines will depend on the new delivery address.

Deliveries to health care facilities (clinics, hospitals, nursing homes) can not be accepted

Article 7 : BILLING - PAYMENT

Online payment system by credit card can be done on this website.Credit card payment is secured. Data transmitted through this website uses SSL (Secure Socket layer) technology.In addition, all credit card information you provide during your online purchase, are neither stored nor visible on the Internet. Confidentiality of your data is certified by Domaine Girod.

Credit cards accepted by us:

•             Blue card

•             VISA card

•             Eurocard/MasterCard

Each company will receive a bill for its order.The Customer Account will be debited with only the exact amount of products ordered and delivered. Any buyer certifies that he holds all the authorizations required to use the means of payment chosen by him, during the validation of the order. If it is a payment by credit card, the law regarding on fraudulent use of credit card applies.

In a safety concern, for orders above 500 euros in France and 300 euros in Europe, we allow ourselves to re-credit the corresponding amount and ask to make payment by bank transfer.In any cases, the buyer will be contacted and informed of this approach.

Article 8 : SECURE ORDER

To secure transfer of data on the internet, the customer fills data through an online payment method by PayPal, which encrypt all data relating to the order (including your name, address, and credit card number), the safest way to protect personal data during electronic data  transmission.

By the way, means and of encryption systems and cryptology services used to secure the internet transactions have been subject to declaration or to authorization regarding the law in force.

Article 9 : CANCELLATION OF THE ORDER – THE RIGHT OF WITHDRAWAL

Any request for cancellation must be done before the shipment of the products, to be taken into account. A minimum of 24 hours to inform us is before the departure date of the shipment. This cancellation must be done by mail, fax or phone.

Pursuant to Article L 121-16 of the Consumer Code, The Customer can cancel his order. He has a period of 14 clear days after the order delivery date to return the goods to the seller, for exchange or refund. The goods must be returned in the original packaging along with the invoice.

In the event that certain products have been opened or consumed, they will be deducted from the reimbursement due to the customer.

 

The shipping costs will be borne by the buyer.

 

The transportation of the shipment travels at the own risks of the purchaser. The consumer must notify Domaine Girod in writing (by email, fax or mail) from his decision to return goods. Moreover, return of goods will be sent back by the carrier of his choice.

Article 10 : CLAIMS

In case of any claim for loss of or damage to shipment: The exchange or the refund of the order will be made within 30 days of receipt of the return of the goods.It shall be effected by registered post with a form of acknowledgment of receipt at the following address: DOMAINE GIROD - SCEA Vallon Rouge - Route de Saint Michel - Les Esqueyrades - 84220 ROUSSILLON - France.

Article 11 : LIABILITY

Domaine Girod cannot be held responsible for failure to fulfill the contract in case of: out of stock or product unavailability, force majeure and in particular in case of total or partial strike, flood, fire or other natural disasters, and generally any event preventing the proper performance of the order.

Article 12 : ELECTRONIC SIGNATURE

In accordance with articles 1316 to 1316-4 of the French Civil Code, as completed by Order No. 2001-272 dated 30 March 2001 for implementation of Article 1316-4 of the Civil Code where electronic signatures are concerned, please note that the fact of clicking in the box next to the phrase " Click OK to accept” constitutes an electronic signature which is binding between the Parties to the same extent as a manual signature.

Article 13 : PROOF

The electronic registers kept in the Domaine de Girod computer systems in reasonable conditions of security will be deemed proof of the communications, orders and payments made between you and Domaine de Girod.

Article 14 : DISPUTE SETTLEMENT

All the legal rules defined above are governed by the French law. Our customer service is at your entire disposal to settle any dispute and try to find a friendly solution, courts will have jurisdiction only in Avignon.

Article 15 : INITIALLED PROOF OF DELIVERY

We can provide free information on the tracking of your shipment by phone. We will be able to provide a proof of delivery to the recipient. That’s a paying option.