Terms and Conditions of Sale

WINE AND EXPERIENCE SALES

1. GENERAL

These Terms and Conditions of Sale (the “Terms and Conditions”) define the agreement (the “Agreement”) between the customer (the “Customer”) and VIVANT Wines, (the “Sellers”), with offices located at 15 rue Marey Monge, 21630 Pommard, France.

The Terms and Conditions apply, without restriction or reservation to the acquisition of all products or services (“Orders”) placed onsite, by telephone, online at chateaudepomard.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. The Sellers reserve 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.

2. VIP PROGRAM

The VIP Program is a customer loyalty program that allows customers access to benefits based on their total spend on Château de Pommard and Famille Carabello Baum wine over the past 12 months. Experience and education purchases do not contribute to a member's VIP status.

The Program is only available to customers who have reached the legal age for consuming and/or purchasing alcoholic beverages in their country of residence.

The Program benefits differ depending on the VIP Level acquired by the member, one, two, or three and are subject to availability. The Seller reserves the right to amend the benefits at any time and cannot be held responsible for changes to benefits outside of their control, such as, but not limited to, meteorological conditions. For more information on the benefits please refer to our VIP page.

3. PRICES

Prices are pre-set in Euros (€). The currency is subject to change according to shipping destination. Any change in prices will be reflected on the Site. Prices do not include insurance, delivery fees or VAT 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 thirty (30) business days.

4. PAYMENTS

Payment in full must be made at the time of the order. Payment by the following methods are accepted:

Credit card: American Express, Visa or Mastercard
Checks drawn on French banks (maximum single order purchase of 500 euros)
Payment can be made by bank transfer to VIVANT Wines SAS for wine orders: CIC, IBAN FR76 1009 6185 8800 0302 7390 101, BIC CMCIFRPP

You may be asked to supply certain information relevant to your payment including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. For further information on how we manage your information please refer to our Privacy Policy on the Site.

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.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. 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.

6. ORDER CONFIRMATION

An order is considered confirmed when 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 shipping address, phone number and email address for order confirmation. Once the order has been confirmed, an order confirmation email is sent to the customer. It is the customer’s responsibility to check the entirety of the information is correct and alert the Seller immediately should this not be the case. The Sellers cannot be held responsible for any delivery issues and costs arising from erroneous information provided by the customer. 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.

7. CANCELLATION POLICY

Once product(s) have been picked up 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.

Wine Experience and Hosted Event service(s) that have not yet been delivered to the customer, may be canceled up to 24 hours prior to delivery, at which point these service(s) may not be canceled and refunds will not be offered.

Canceled service(s) will be refunded by a chosen means of payment within thirty (30) days of receiving the cancellation notice.

In the case of cancellation within the specified period, the price of the product(s) and the standard delivery cost will be reimbursed. Any additional costs arising from a more expensive delivery method chosen by the Customer will remain the Customer's responsibility. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.

Customers can cancel their order by filling out the online form. Product orders must be returned to VIVANT wines 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:

VIVANT WINES SAS, 6 rue Jean François Champollion, 21200, Beaune, France

The purchase price of the product(s) will be reimbursed by a chosen means of payment within fourteen (14) days of receiving and verifying the products by VIVANT wines. In the absence of the return of the product(s) or proof of posting within the required period, VIVANT wines 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.

8. DELIVERY

Orders are delivered by economy or express delivery exclusively to the shipping address information provided at the time of your order. The Sellers cannot guarantee any subsequent address changes. The Sellers will do everything in their power to deliver 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.

Any order delivered outside France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These taxes and possible customs duties related to the delivery of an item are your responsibility. We are not required to verify and inform you of applicable customs duties and taxes. For more information, we advise you to check with the competent authorities in your country.

For deliveries to the United States of America, the recipient must be over 21 years of age and an identity document will be requested upon delivery.

Should the package be returned by the shipping company due to erroneous information provided by the customer and/or the customers failure to retrieve the package, the Seller reserves the right to charge the customer the return handling fees that cover the return of the package and custom duties where applicable, fixed at €50 outside of the EU, and €15 within the EU.

9. PRODUCT VERIFICATION

Upon delivery, the Customer must verify the product(s), and in case of damaged goods, refuse shipment and return the damaged goods to the Sellers at the address below. 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 via the online form.

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.

10. FAULTY WINE

Should the Customer find their wine to be faulty, the Customer must provide the Seller with both a photo of the bottle and the cork via the online form within 48 hours after the opening of the product(s). A refund or replacement of the goods will be carried out depending on the product(s) and/or location of the Customer. The Seller cannot be held responsible for any damage to the product caused during storage by the Customer. The Seller reserves the right to decline responsibility or offer a refund depending on the date of purchase and/or the product(s) in question.

11. RESPONSIBILITY

The Sellers are only bound to a ‘best effort’ undertaking. They 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.

12. 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.

ECOLE V SALES

1. OBJECT

These Terms and Conditions of Sale define the contract between the customer (the "Customer") and Ecole V (the "Training Center").

Ecole V (the "Training Center") is a professional training organization whose corporate name is Vivant Wines SAS, located at 15 Rue Marey-Monge, 21630 Pommard - Siret 51722007500025 - APE 7911 Z - Activity Declaration Number (NDA, Numéro de Déclaration d’Activité) 27210440721.

The Terms and Conditions of Sale apply, without restriction or reservation to the acquisition of all services (the "Bookings") by telephone, online on the chateaudepomard.com website (the "Site") or by other means between the Training Center and the Customer. The purpose of these Terms and Conditions of Sale is to regulate the contractual relationship between Ecole V and the Customer in the context of the training services offered by Ecole V.

Any order implies unreserved acceptance by the Customer of these Terms and Conditions of Sale, which the Customer acknowledges having read prior to placing the Booking. The Terms and Conditions of Sale prevail over any other general or specific conditions not expressly authorized by the Training Center. Ecole V reserves the right to adapt or amend the Terms and Conditions of Sale at any time. In the event of amendment, only the agreement in force on the day of the order will be applied.

The Customer declares that he has the legal capacity to order Ecole V services and acknowledges having received sufficient information and advice from the Training Center.

2. PRICES

The services provided by Ecole V are indicated and payable in Euros (€), all taxes included. Any price change will be reflected on the Site.

3. PAYMENT TERMS

Payment in full must be made at the time of the order. Payment by the following methods are accepted:

Credit Card: American Express, Visa or Mastercard

Bank transfer to Vivant Wines SAS: CIC, IBAN FR76 1009 6185 8800 0302 7390 101

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 Booking; 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

Ecole V reserves the right to refuse to honor an order placed by a Customer who has not fully paid for an order or in the event of the Customer’s previous order not having been paid in full or where there is a settlement dispute pending.

5. BOOKING CONFIRMATION

A booking is considered “confirmed” when the full payment for the booking is received. Booking confirmations are sent via email to the Customer's address mentioned on the online booking form. It is the Customer's responsibility to provide a valid email address for booking confirmation. Confirmation of a booking 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.

6. POSTPONEMENT AND CANCELLATION

Any booking for an Ecole V training courses is considered firm and final. The participant commits to being available on the dates and times booked. For WSET training courses, taking the exam is an integral part of each training course. The Customer is automatically registered for the exam with the WSET in London as part of his booking and he must attend it.

Any request for postponement or cancellation has repercussions on the session and may potentially lead to the cancellation of the training course for the other participants if the minimum number of participants is no longer reached. The customer therefore agrees to limit these requests only to cases of force majeure out of respect for the other participants registered on the same training session.

Postponement

Once the Booking has been confirmed, in the event that the Customer is unable to participate in the training session, it is possible to postpone once per participant under the following conditions:

- without postponement fee, if the postponement request is sent to us more than 60 days prior to the first day of training

- with postponement fees amounting to 20% of the total price of the training for any postponement request sent between 60 and 15 days prior to the first day of training for a WSET 1 in Wines course

- with postponement fees amounting to 20% of the total price of the training for any postponement request sent between 60 and 30 days prior to the first day of training for a WSET 2 in Wines course

- with postponement fees amounting to 20% of the total price of the training for any postponement request sent between 60 and 45 days prior to the first day of training for a WSET 3 in Wines course

- with postponement fees amounting to 20% of the total price of the training for any postponement request sent between 60 and 14 days prior to the first day of training for a masterclass course.

After these deadlines:

- less than 15 days prior to the first day of training for a WSET 1 in Wines course

- less than 30 days prior to the first day of training for a WSET 2 in Wines course

- less than 45 days prior to the first day of training for a WSET 3 in Wines course

- less than 14 days prior to the first day of training for a masterclass course

no postponement will be allowed and the total amount of the course price will remain due.

Please note, in the event that the course is postponed to a new date from which the curriculum of the booked level has been modified by the WSET, the costs of purchasing and shipping the new study materials will be charged to the Customer. The amount of these costs depends on the language and level of the booked course as well as the place of delivery of the study materials.

Any request for an additional postponement can only be accepted at the discretion of Ecole V. This new postponement request will incur postponement costs, regardless of the reason or the date of notice.

Any postponement request must be sent in writing to the following address: education@vivant.eco.

Following the receipt of a postponement request, a new date will be offered to the Customer, subject to availability. If the price of the new session is higher than the price of the session for which the Customer was initially registered, the Customer will be charged for the difference.

Please note, it is not possible to request a postponement to a session in a different language or for a different level when the study materials have already been sent to the Customer.

Cancellation by the Customer

The Customer has a right of withdrawal of 14 days from the date of registration during which he has the right to cancel his training without giving any reason. Any request for cancellation of service under the right of withdrawal must be notified in writing to Ecole V by sending an email to: education@vivant.eco.

If study materials have already been sent, these must be returned intact, in their original condition and packaging, no later than 14 days after the cancellation request, to the following address:

Ecole V, Château de Pommard, 15 Rue Marey-Monge, 21630 Pommard, France

All costs and expenses incurred for the return of the study materials will be borne by the Customer.

Otherwise, the costs related to their purchase and shipping will be charged to the Customer who will be able to keep them.

The canceled training service(s) will be refunded by the means of payment used for the payment within a maximum period of 30 days following receipt of the cancellation request, subject to the reception of the study materials returned by the Customer in their original state. If the study materials are not returned within the required period, Ecole V reserves the right to defer reimbursement until they are received. In cases where the items are incomplete or damaged, their amount will be deducted from the refund.

For training course bookings starting before the right of withdrawal period is over (14 days from the booking confirmation date), the Customer expressly waives his/her right of withdrawal when he/she places the order.

Outside the withdrawal period, cancellations of Ecole V training services are no longer permitted. Only postponements are authorized, under the conditions indicated in the previous paragraph.

Once the course has started, any absence or withdrawal of the Customer cannot give rise to any reimbursement from the training center.

Similarly, the Customer's failure to attend the training for which he/she is registered is considered a cancellation. In this case, the booking is lost and the service booked remains due in full.

Cancellation by Ecole V

Ecole V reserves the right to cancel a training session if the minimum number of participants is not reached or in case of an event beyond its control (room unavailable, trainer on sick leave, force majeure, etc.). In this case, Ecole V will inform the Customer without delay and in writing.

For any cancellation occurring due to our organization, Ecole V will offer the Customer to register for a new date. If no date suits the Customer, his/her order will be canceled and Ecole V will refund the total amount already paid. In this case, the customer may keep the study materials already sent.

The training center cannot be held responsible for additional costs incurred by the cancellation of the training course (travel costs, accommodation costs, etc.).

Partial failure by Ecole V to provide the training

In the event of a partial failure by Ecole V to provide the training, the Customer will only be liable for the amount corresponding to the hours of training actually provided. This amount will be determined in proportion to the total time of the training and the total price thereof.

However, any training started and interrupted by decision of Ecole V following a disciplinary procedure initiated against the Customer will be due in full.

7. TRAINING LOCATIONS

Ecole V provides training courses in Pommard.

Ecole V reserves the right to modify the place of training, by informing the Customer beforehand, without this calling into question the nature of the agreement between Ecole V and the Customer.

8. MINORS AND ALCOHOL CONSUMPTION

For public health reasons, access to Ecole V training courses is reserved for individuals over the legal drinking age in France (18), as our structure does not allow us to receive minors as part of our training courses.

Any Customer agrees not to drink alcohol during the course. Spittoons are made available to all trainees during tastings and it is mandatory to spit out the alcoholic products tasted.

9. CODE OF CONDUCT

Courses take place in a friendly atmosphere, elegant casual wear is welcome.

Animals cannot accompany Customers during training courses.

Timeliness is essential. In the event of a delay, the Customer must inform Ecole V as soon as possible. Being late for an exam is considered an absence. Customers should plan to arrive approximately 15 minutes in advance and it is their sole responsibility to be punctual during lessons and/or resit exam sessions.

10. 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 de Commerce of Dijon shall be the sole competent authority in the case of a dispute. This jurisdiction shall also apply even in the case of a plurality of defendants or of recourse to guarantee.

CONTACT US

If you have any questions about these Terms and Conditions, please contact us.

VIVANT Wines SAS

15 rue Marey Monge
21630 Pommard, France