Domaine Philippe Girard, 37, rue du Général Leclerc 21420 Savigny les Beaune

Tel: 33(0)3 80 21 57 97 Fax: 33 (0)3 80 26 14 84

1. Preamble.

The customer acknowledges having read the following terms and conditions. Confirmation of your order by clicking on “confirm my order” will constitute full acceptance of these terms and conditions of sale. Once you have clicked on “confirm my order”, your order is considered irrevocable and cannot be challenged.

2. Loi Applicable.

The www.domaine-philippe-girard.com website is based in France and governed by French law. Any order automatically implies your acceptance of our general terms and conditions of sale. These general terms and conditions of sale are governed by French law with regard to both form and substance.

3. Legal information.

o Minors and legal capacity.
Ordinance no. 59-107 of January 7, 1959 and Law no. 74-631 of July 5, 1974 prohibit the sale and offer of alcoholic beverages to minors and assimilated persons. Consequently, by completing your Order Form, you acknowledge that you have the legal capacity to enter into this contract.

o C.N.I.L. Right of access to file.
In accordance with the provisions of Law No. 78-17 of January 6, 1978, the www.domaine-philippe-girard.com website has been declared to the Commission Nationale de l’Informatique et des Libertés. In application of the French Data Protection Act, the information requested is essential for processing your order and is intended for use by Domaine Philippe Girard.
You have the right to access, modify, delete and rectify your personal data.
To exercise this right, please contact:
– By post to Domaine Philippe Girard – 37, rue du Général Leclerc – 21420 Savigny les Beaune
– By E-MAIL to contact@domaine-philippe-girard.com, with proof of identity.

o Alcohol abuse.
Alcohol abuse is dangerous for your health, so drink in moderation.

4. Packaging unit.

In view of packaging constraints, we remind you that orders must be placed in cartons (or cases) of 6 or 12 bottles. (Excluding gift boxes).

5. Right of withdrawal and right of return.

In application of article L. 121-16 of the French Consumer Code, the customer has a right of withdrawal of seven (7) clear days from receipt of the products ordered (the carrier’s delivery note serving as proof) on the website www.domaine-philippe-girard.com without having to justify himself or pay any penalties, with the exception of return costs, which remain at the customer’s expense. If the period of seven (7) clear days expires on a Sunday or other public holiday, the period is extended to the next working day.

With regard to the return of products ordered by the customer within the framework of the exercise of its right of retractation two solutions are possible
– The return of the products to the Domaine Philippe Girard by the customer by the means of a conveyor of its choice.
– The return of the products to the Domaine Philippe Girard by the customer by the means of a removal. This collection will be carried out by a carrier appointed by the Domaine Philippe Girard, subject to return costs. This collection will take place after payment of the return costs to the Domaine Philippe Girard.
The Domaine Philippe Girard undertakes to reimburse the customer who has exercised his right of retraction at the latest within fifteen (15) days following the date on which this right was exercised. Domaine Philippe Girard cannot be held responsible if this time limit is exceeded for reasons beyond its control.
The product returned by the customer must be in its exact condition (unopened bottles, undamaged corks and labels) accompanied by its original packaging and the original invoice.
The risks incurred by the products when returned to the Domaine Philippe Girard are assumed by the customer.

6. Price list.

Unless otherwise stated, prices displayed on the www.domaine-philippe-girard.com website are in euros and include all taxes, but exclude shipping, transport and handling costs from the www.domaine-philippe-girard.com website’s premises . These prices include value-added tax at the rate of 19.6% and French duties.
www.domaine-philippe-girard.com reserves the right to modify its prices at any time. However, the prices displayed on an order after validation and registration are firm and final.
The prices indicated on the www.domaine-philippe-girard.com website are communicated subject to typographical errors. In such cases, the www.domaine-philippe-girard.com website will contact the customer to inform him of the error and rectify the invoice. In the event of typographical errors, the customer is free to accept the corrected pricing conditions or to cancel the order. In the event of an order cancellation, the customer will be reimbursed no later than fifteen (15) days from the date on which the customer notifies the order cancellation. The www.domaine-philippe-girard.com website cannot be held responsible if this deadline is exceeded for reasons beyond its control.
In the event of a price difference between several sites on the site, only the price indicated on the detailed product description sheet will be deemed authentic.
Discounts and other promotional offers cannot be combined and are limited to one per household (same name, same address) and per year. The www.domaine-philippe-girard.com site reserves the right to refuse or cancel any order that does not comply with this provision.

7. Delivery.

o Conditions.
Products ordered are delivered to the address indicated by the customer. The parcel will be transported to the addressee by our usual transport service provider, or in any case by a service provider of our choice.
The customer is responsible for checking the condition of the packaging and the contents of the parcel(s) on delivery, and for comparing the quantity and references delivered with the order form. Signing the delivery receipt constitutes acceptance by the customer.
The customer must inform Domaine Philippe Girard of any transport damage within 48 hours of receipt of the parcel.

o Delivery times.
Unless otherwise indicated, shipping costs are always at the customer’s expense. The www.domaine-philippe-girard.com website only delivers products to Metropolitan France. We do not ship outside this area via our website. For these questions, please contact us using the contact form.
The products ordered by the customer are dispatched once the order has been registered, paid for in full, validated by our services and prepared. Orders are generally dispatched within forty-eight (48) hours of payment by the customer.

o Circumstances beyond our control.
We cannot be held responsible for loss, damage, errors or non-delivery of a shipment in the event of circumstances beyond our control. Circumstances beyond our control” include, but are not limited to :

 Acts of God or force majeure: in particular earthquakes, cyclones, storms, floods, wars, road, rail and air accidents, embargoes, etc.

 any defect or peculiarity related to the nature of the shipment, even if it was known to us at the time of acceptance,

 any act, omission or negligence on the part of any third party, for example: the sender, the recipient, any interested third party, any employee of customs or any other administration, the postal services, any carrier or other third party to whom the shipment is entrusted by our transport service provider, to serve areas not directly served by itself, even if the sender has not requested or been informed of the use of a third party.

 Indirect damages. In the event of non-fulfilment of our commitments, whatever the cause, Domaine Philippe Girard will only be held liable for reimbursement of the delivery service, subject to the reservations set out above (Delayed Delivery), and under no circumstances for any consequential damages that the customer may claim. These indirect damages and losses include any loss of income, profits, interest or markets, and any loss linked to the impossibility of using all or part of the shipment.

o Breakage during shipping.
If a parcel arrives damaged (broken bottle(s)), the recipient must refuse the parcel. The carrier will inform Domaine Philippe Girard. On receipt of this information, the Domaine Philippe Girard undertakes to immediately reship an identical parcel to the recipient. Under no circumstances may the customer demand reimbursement of the product and the delivery charge.

o Product availability.
All products offered are available from stock. Our offer is therefore subject to availability and to the exceptions indicated. If the products ordered are not available in stock at the time your order is processed and cannot be restocked, we will inform you of the situation by mail, e-mail or telephone. Images, photos and illustrations. Please note that the visuals on the Domaine Philippe Girard website are non-contractual.

o Delivery address.
If the parcel is returned to the Domaine Philippe Girard on the grounds of “incomplete address” or “false address”, the Domaine Philippe Girard undertakes to contact the customer to inform them of the situation and request additional information on the address or a new delivery address. The cost of this re-shipment will be borne by the customer. Of course, in this situation, the starting point of the new delivery period will be linked to receipt by Domaine Philippe Girard of the new information concerning the new address.

8. Invoicing and payment.

Payment for your purchases may be made either online by credit card or by cheque.
The invoice for the products will be sent with each Company order. For payment by credit card, the provisions relating to fraudulent use of credit card payment are applied.

9. Order cancellation.

Any request to cancel an order must be made before the products are dispatched, in order to be taken into consideration. The minimum notice period is 24 hours prior to shipment. Cancellation must be made by e-mail, fax or telephone.

10. Claims.

You may make a claim in the event of loss, (defective deliveries), or damage to the shipment.
This claim must reach us within 30 (thirty) days of the date on which we accepted your order; it must be sent by registered mail with acknowledgement of receipt to the following address:

Domaine Philippe Girard
37, rue du Général Leclerc
21420 Savigny les Beaune

11. Liability.

Domaine Philippe Girard cannot be held responsible in the event of non-performance of the contract, out-of-stock condition or unavailability of the product, force majeure and, in particular, in the event of all-out or partial strike, flood, fire or other natural disasters and, in general, all events preventing the order from being carried out correctly.

12. Electronic signature.

The “OK”, together with the authentication and non-repudiation procedure and the protection of all messages, constitute an electronic signature. This electronic signature has the same value as a handwritten signature between the parties.

13. Proof.

Computerized registers, kept in Domaine Philippe Girard’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.

14. Settlement of disputes.

All contractual provisions defined above are governed by French law. The Domaine Philippe Girard is at your disposal for the settlement of any dispute and in the absence of an amicable solution, only the Courts of DIJON will be competent.