These Terms and Conditions of Sale (the “Terms and Conditions”) define the agreement (the “Agreement”) between the customer (the “Customer”) and Famille Carabello-Baum SAS or Vivant INC, (the “Sellers”), with offices located at 15 rue Marey Monge, 21630 Pommard, France, registered in the Dijon companies register under the number 517 220 075 for Famille Carabello-Baum SAS and 841 439 219 for Vivant INC.
The Terms and Conditions apply, without restriction or reservation to the acquisition of all products or services (“Orders”) placed onsite, by telephone, online at www.chateaudepommard.com (the “Site”) or by other means directly with the Sellers by individual consumers and non-professionals. Placing an order implies unreserved acceptance by the Customer of the Terms and Conditions of Sale which prevail over all other general or specific conditions not expressly authorized by the Sellers. Famille Carabello-Baum SAS and Vivant Inc reserves the right to adapt or amend the Terms and Conditions at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.
Prices are in Euros (€) including VAT. Any change in prices will be reflected on the Site. Prices do not include insurance or delivery fees where these may apply. Delivery fees are calculated separately and included in the final invoice. Delivery charges quoted may only be an estimate of the final delivery fees.
Product(s) and services(s) sold under this Agreement will be the Customer’s property only after complete payment by the latter. In the case of deferred payment, the product(s) will remain the property of the Sellers until complete payment has been made in accordance with the contractual conditions herein, even in the event of insolvency proceedings against the Customer, in accordance with articles L.621-28 e et seq. of the French Commercial Code.
All offers and prices are valid subject to Customer allocation and availability. In the event of a product or service being unavailable after the order has been placed, the Customer shall be informed by e-mail, by telephone, or by post. The Sellers will offer the choice of a similar product or service at a similar price or the possibility of waiting until the product or service becomes available. If these alternatives are not accepted by the Customer, then the order will be modified or cancelled. In the event of a valid canceled order, where payment has already been made, the Customer will be reimbursed within 30 business days.
Payment in full must be made at the time of the order. Payment by the following methods are accepted:
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
4. DEFAULT OF PAYMENT
The Sellers reserves the right to refuse to honor an order placed by a Customer who has not fully or only partially paid for an order or in the event of the Customer’s previous order not having paid in full or partially or where there is a settlement dispute pending
5. ORDER CONFIRMATION
An order is considered confirmed with the full payment for the order is received. Order confirmations are sent via email to the customer address on file. It is the customer’s responsibility to provide a valid email address for order confirmation. Confirmation of an order implies full and unreserved acceptance of these Terms and Conditions on the part of the Customer, the recognition of having taken full knowledge thereof, in addition to relinquishment of his/her own purchase conditions or any condition not stated herein.
5. CANCELLATION POLICY
Once product(s) have been pickup by a customer or the service(s) delivered to the customer, the order is final and may not be canceled or returned. For product(s) orders placed online at the Site, in accordance with the legal provisions in force, the Customer has the right to cancel, without giving a reason or paying any penalty, within a period of fourteen (14) days from receipt of the items ordered.
Service(s) that have not yet been delivered to the customer, may be canceled up to 24 hours prior to delivery, at which point service(s) including Wine Experiences, Wine Education Classes and Hosted Events may not be canceled and refunds will not be offered. Canceled service(s) will be refunded by a chosen means of payment within fourteen (14) days of receiving the cancellation notice.
In the case of cancellation within the specified period, only the price of the product(s) and or service(s) purchased and delivery costs will be reimbursed. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.
Customers can cancel their order by sending an email using the format below to email@example.com or via post to the address below. Product orders must be returned to Famille Carabello-Baum undamaged, in original condition, in their original packaging, including all accessories, no later than fourteen (14) days after the request to cancel, at the following address:
Famille Carabello-Baum SAS, 15 rue Marey Monge, 21630 Pommard France.
Famille Carabello-Baum SAS
15 rue Marey Monge
21630 Pommard France
Subject: Order Cancellation
I/we want to cancel my/our order of the following product(s) or service(s).
List of product(s) or services(s) ordered:
Signature (in case of notification by post)
The purchase price of the product(s) and delivery costs will be reimbursed by a chosen means of payment within fourteen (14) days of receiving and verifying the products by Famille Carabello-Baum. In the absence of the return of the product(s) or proof of posting within the required period, Famille Carabello-Baum reserves the right to defer reimbursement until the product has been received by them. Incomplete or damaged articles will not be entitled to exchange or reimbursement.
Orders are delivered by post or express delivery exclusively to the shipping address information provided at the time of your order. The Sellers will do everything in their power to delivery within a reasonable timeframe, but cannot be responsible for delays out of the Sellers’ control. Standard Delivery is within five (5) working days* from the Shipment Date, for small to medium parcels delivered in mainland France. For delivery outside of France: the delivery times will vary.
7. PRODUCT VERIFICATION
Upon delivery, the Customer must verify the product(s), and in case of damage goods, refuse shipment and return the damaged goods to the Sellers. When the Customer accepts delivery from the shipping company, the delivery is accepted and product verified. In the case of a refused shipment, the Customer must note clear and precise issues on the transporter’s delivery manifest and forward a copy of the manifest including the reasons for refusing shipment to the Sellers within 48 hours by email to firstname.lastname@example.org or by post to the following address:
Famille Carabello-Baum SAS, 15 rue Marey Monge, 21630 Pommard France.
If a damaged parcel has been delivered and the Customer has signed the delivery note without amendment or reservation, then the product(s) is considered to have been accepted by the Customer, and the Sellers cannot be held responsible for any damage, nor be liable for any indemnity. The mention “subject to unpacking” has no legal or commercial value.
Famille Carabello-Baum is only bound to a ‘best effort’ undertaking. It cannot be held responsible for damage resulting from incorrect use or other problems beyond the Sellers’ control, including explosion, flood, ice, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; interruption or suspension of means of communication, embargoes; strikes, lock-outs or other industrial actions or trade disputes of a third party; difficulty in obtaining materials, labor or machinery; cessation of production or delivery and power failure or breakdown in machinery, etc.
9. RESOLUTIONS OF DISPUTES
The Conditions of Sale are subject to French law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. With the exception of persons for whom the competent courts shall be determined by the disposition of the Code of Civil Procedure, the Tribunal of Commerce of Dijon shall be the sole competent authority in the case of dispute. This jurisdiction shall also apply even in the case of a plurality of defendants or of recourse to guarantee.