TERMS AND CONDITIONS OF SALE

Alcohol abuse is dangerous for health. Consume with moderation.
The sale of alcohol to minors under 18 is prohibited.

Preamble

This website https://pech-latt.iotasolutions.fr/ is published by the company NSG VINS (6, rue de Chaux - 21700 Nuits-St-Georges - RCS Dijon 391 539 756 SA Capital of 8 259 144,00 € - VAT No. Intra FR 11 391 539 756) – owner of the CHÂTEAU PECH LATT (11220 Lagrasse – RCS Carcassonne D303 997 522 au capital de 174 420€ - N° de TVA Intra FR 33 303 997 522).
E-mail: contact (at) pech-latt.com - Tel: 04 68 58 11 40

ARTICLE 1: SCOPE

Ces Conditions Générales de Vente s’appliquent à toutes les commandes passées par le biais du site Internet https://pech-latt.com/ et ce quelles que soient par ailleurs les clauses pouvant figurer sur les documents de l’acheteur.
The Customer acknowledges having read these Terms and Conditions of Sale and accept the terms. In a case not covered by these General Terms and Conditions of Sale, the distance selling rules of the place where the company is headquartered would apply.

ARTICLE 2: ORDERS

CHÂTEAU PECH LATT/NSG VINS agrees to accept orders made under the terms of these General Terms and Conditions of Sale and within the limits of available stocks.
In case of out of stock, CHÂTEAU PECH LATT/NSG VINS undertakes to communicate the necessary lead times to obtain the desired product or to propose a replacement product. CHÂTEAU PECH LATT/NSG VINS will honor each order by making one or more deliveries of the products ordered.
By validating his order, the Customer declares to have read and accept these Terms and Conditions.The preparation and shipping of an order can be implemented after receipt of payment. An invoice will be sent by email as soon as the order is shipped.
CHÂTEAU PECH LATT/NSG VINS reserves the right to cancel any non-compliant or questionable orders, as well as those from a Customer with whom there is any dispute.

ARTICLE 3: PRICE

Prices quoted inclusive of VAT are inclusive of all taxes (applicable VAT, excise and all other applicable taxes on the day of the conclusion of the order, any change may be reflected in the price of products).
In case of delivery outside Metropolitan France, the prices shown are VAT included (VAT included) and are supplemented with excise duties and other taxes of the Customer's country (and all other applicable taxes on the day of the conclusion of the order, all change that may be reflected in the price of the products), as well as administrative management fees for customs formalities.
Product prices may change at any time depending on the pricing policy of CHÂTEAU PECH LATT/NSG VINS. The products ordered are invoiced at the price in effect at the time of the order's registration.
Product offers and prices are valid only as long as they are visible on the site and within the limits of available stocks.
Prices shown are net and excluding postage. The shipping costs may vary depending on the number of products ordered and the country of shipment.

ARTICLE 4: VALIDITY OF OFFERS

Products and promotional offers are offered within the limits of available stocks.
CHÂTEAU PECH LATT/NSG VINS can not be held responsible for any out of stock that would cause a delay in the delivery of the order.
In case of unavailability of one or more products after the validation of the order, CHÂTEAU PECH LATT/NSG VINS undertakes to inform the Customer by e-mail as soon as possible. In agreement with the Customer, CHÂTEAU PECH LATT/NSG VINS may modify the order or reimburse the unavailable product (s) by crediting the credit card used for the order.

ARTICLE 5: DELIVERY

CHÂTEAU PECH LATT/NSG VINS livre en France Métropolitaine, Corse, Suisse et Europe pour laquelle des formalités douanières sont nécessaires. Les frais de port sont automatiquement calculés sur notre site suivant la destination de la commande et la quantité de produits commandés.
Deliveries for any other destination must be subject to a specific quote.
The delivery time of the orders is 3 to 5 working days for Metropolitan France after the reception of the payment. In non-working days are included Saturdays, Sundays and public holidays, as well as days when road transport is prohibited. These deadlines are indicated in the confirmation of the order received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
The Customer is required to carefully check his packages upon delivery to immediately issue any reservations to the carrier. No complaint can be considered admissible if the Customer accepted without reserve his parcels during their delivery.
Any error or modification made by the Customer in any current delivery order will result in an extension of the expected delivery time. Additional costs will be borne by the Customer.

ARTICLE 6: RETRACTATION

In application of the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of fourteen clear days from the delivery of his order to return the item delivered for exchange or refund , at the Customer's choice, without penalty, except for the return costs.
In accordance with Article L. 221-28 of the Consumer Code, the Customer is informed that the right of withdrawal can not be exercised for certain contracts.
The notification of the will of retraction can be done by the form made available on our site or with our Customer Service by mail or by telephone (see the page Contacts for the coordinates)
CHÂTEAU PECH LATT/NSG VINS undertakes to reimburse the Customer within a maximum period of fourteen days after notification of the withdrawal and subject to the return of the products. The costs of returning the product remain the responsibility of the Customer.

Returns must be sent to:
SITEC FOR CHÂTEAU PECH LATT / NSG VINS
4, rue Gustave Eiffel
21700 Nuits-St-Georges

Conditions générales des transporteurs :
UPS : https://www.ups.com/fr/fr/support/shipping-support/legal-terms-conditions.page
Fedex : https://www.fedex.com/fr-fr/conditions-of-carriage.html
DHL : https://mydhl.express.dhl/fr/fr/shipment/terms-and-conditions.html
TNT : https://www.tnt.com/express/fr_fr/site/conditions-generales.html
GLS : https://gls-group.com/FR/fr/cgv

ARTICLE 7: PAYMENT

Any order implies a payment defined according to the methods and means specified in the ordering process.
Payments by credit card are made via a secure online payment service.
CHÂTEAU PECH LATT/NSG VINS never has access to customer banking data.
A payment order made by credit card can not be canceled. Therefore, the payment of the order by the buyer is irrevocable, without prejudice to the Customer to exercise his right of withdrawal or subsequent cancellation of the order.

ARTICLE 8: RETENTION OF TITLE

In accordance with the law of May 1, 1980, the products delivered to the Customer are sold under retention of title. The transfer of ownership is subject to the total payment of the price of the products by the Customer, on the date agreed between the parties. In case of non-payment of the total price of the goods at the agreed deadline, CHÂTEAU PECH LATT/NSG VINS may claim ownership of the goods. products at the expense and risk of the Customer.

ARTICLE 9: PERSONAL DATA

Toutes les données fournies lors de vos visites des Clients sur https://pech-latt.com/ sont strictement confidentielles. Aucune des données ou coordonnées personnelles des Clients ne seront vendues ou louées à qui que ce soit sans leur accord préalable. Les données personnelles des clients seront utilisées par CHÂTEAU PECH LATT/NSG VINS en vue du traitement des commandes et, le cas échéant afin de les contacter sur des informations exclusivement relatives à nos services : comptabilité, contrôle et sélection de carte de crédit ou autre carte de paiement, analyses marketing et statistiques, tests, maintenance et développement du système, sondages des Clients, relations Clientèle, amélioration de nos futures communications, et meilleure identification des besoins et préférences des Clients. Une fois inscrit(e) sur https://pech-latt.com/, le Client pourra accéder à la page « Mon Compte » et modifier ses données personnelles.
CHÂTEAU PECH LATT/NSG VINS may collect, store, use the following data: name, email address, physical address, date of birth and sometimes delivery information, billing or other information related to the order.
In application of the Data Protection Act of January 6, 1978, the Customer has the right to access, modify, rectify and delete data concerning him. The Customer can exercise this right by sending a letter to the Customer Service (see Contact page for contact details)
Le traitement automatisé d’informations nominatives sur le site https://pech-latt.com/ a été déclaré auprès de la Commission Nationale de l’Informatique et des Libertés.

ARTICLE 10: USE OF COOKIES

CHÂTEAU PECH LATT/NSG VINS a recours à l’utilisation de cookies notamment afin de reconnaître le Client lors de sa connexion avec le site https://pech-latt.com/ ainsi qu’à des fins fonctionnelles et analytiques et pour améliorer ses services. Les cookies sont de petits fichiers stockés sur l’ordinateur du Client par son navigateur lorsqu’il visite un site internet.
The Customer has the option to disable the use of these cookies by selecting the appropriate settings on his computer. However, this deactivation will prevent access to certain features of the site.

ARTICLE 11: GUARANTEES

CHÂTEAU PECH LATT/NSG VINS is bound by the legal guarantee of latent defects, within the meaning of article 1641 and following of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the thing which make it unfit for the use of which it is intended, or which diminish so much this use, that the purchaser would not have acquired it, or would have given a lesser price, if he had known them ". As a result, the Customer has up to 2 months after the delivery date to send his complaint to CHÂTEAU PECH LATT/NSG VINS. Beyond this deadline, the CHÂTEAU PECH LATT/NSG VINS company will no longer be able to guarantee the products and the Customer will have to prove that their possible alteration is prior to their receipt.
The products benefit from the legal guarantee of conformity envisaged by articles L217-4 and following of the Code of the Consumption.

It is recalled that the Customer:
- Has a period of two years from delivery of the property to act;
- Can choose between the repair or replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- Is exempted from reporting the proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
Customers wishing to invoke the legal guarantee of conformity must inform CHÂTEAU PECH LATT/NSG VINS. If the reasons for the return are justified, the Products involved returned to the address mentioned in Article 6 above, under the same conditions as those governing the exercise of the right of withdrawal. Delivery charges and return shipping costs will be refunded.
The refund of the Product (s) returned will be made by crediting the bank account linked to the credit card used to pay the order.
The redemption date may be deferred until the effective date of receipt of the Product (s) at the above address.

ARTICLE 12: LIABILITY

All texts and photos presented are for information purposes only and are in no way contractual. CHÂTEAU PECH LATT/NSG VINS reserves the right to make changes on its website, its procedures and these Terms and Conditions. The Customer is subject to the General Conditions of Sale in force at the time of the passage of his order. CHÂTEAU PECH LATT/NSG VINS can not be held responsible, or considered as having failed these conditions, for any delay or non-performance, when the cause of the delay or the non-performance is related to a case of force majeure as it is defined by the French courts and tribunals.

ARTICLE 12: LIABILITY

ARTICLE 13: APPLICABLE LAW

La langue du présent contrat est la langue française. Toutes les clauses des présentes Conditions Générales de Vente, toutes les transactions et opérations d’achat effectuées depuis le site https://pech-latt.com/ ainsi que par courrier et par téléphone sont régies par le Droit et la loi Française. Tout litige qui n’aura pas trouvé d’accord à l’amiable sera du ressort des Tribunaux du siège social de la Société CHÂTEAU PECH LATT/NSG VINS ou du tribunal du département choisi par le Client.

ARTICLE 14: PROTECTION OF MINORS

Conformément à l’article L. 3342-1 du code de la santé publique, la vente d’alcool à des mineurs de moins de dix-huit (18) ans est interdite. Le Client s’engage à avoir 18 ans révolus en passant sa commande sur le site https://pech-latt.com/.

Main applicable texts:

Article L217-4 of the Consumer Code
"The seller delivers a good in accordance with the contract and answers for the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility ".

Article L217-5 of the Consumer Code
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted ".

Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good".

Article L221-28 of the Consumer Code
"The right of withdrawal can not be exercised for contracts (...):
7 ° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional (...) ".

Article 1641 of the Civil Code
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them."

Article L3342-1 Public Health Code
"The sale of alcoholic beverages to minors is forbidden.The offer of these drinks free of charge to minors is also forbidden in public houses and shops or public places.The person who delivers the drink requires the customer that he establishes the proof of his majority (...) ".