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Terms of Sale

LEGAL NOTICE – TERMS OF USE – DATA PROTECTION – COOKIES – GENERAL TERMS AND CONDITIONS OF SALE
Website: www.estournel.com

  1. LEGAL NOTICE AND TERMS OF USE OF THE WEBSITE
    1.1. Website Publisher

This website, accessible at www.estournel.com (hereinafter the “Website”), is published and operated by:

DOMAINES REYBIER
Public limited company with a share capital of €121,000
RCS Bordeaux No. 331 321 109
Registered office: Château Cos d’Estournel, 33180 Saint-Estèphe, France
Legal representative: Ms. Aude AUGENBLICK, Chairwoman of the Management Board
Telephone: +33 (0)5 56 73 15 50
Contact email: estournel@estournel.com
Publication Director: DOMAINES REYBIER

1.2. Hosting
The Website is hosted by:
OVH
RCS Lille Métropole 424 761 419 00045
APE Code: 2620Z
VAT No.: FR 22 424 761 419
Registered office: 2 rue Kellermann, 59100 Roubaix, France

1.3. Design / Development

DOMAINES REYBIER
Photography: Dimitri TOLSTOÏ

1.4. Purpose of the Website

The Website is intended to present Château Cos d’Estournel, the company DOMAINES REYBIER, its activities, heritage, products, commercial offers, as well as its online shop managed via WooCommerce.

These legal notices and terms of use apply to any internet user accessing the Website from France or abroad.

1.5. Intellectual Property

The entire Website and all its components (texts, images, logos, videos, documents, databases, architecture, illustrations, trademarks, designs and models, etc.) are protected by the French Intellectual Property Code.

They are the exclusive property of DOMAINES REYBIER or its duly authorized partners.

Any reproduction, representation, modification, adaptation, or extraction, in whole or in part, for purposes other than strictly personal use, is strictly prohibited without prior written authorization.

The user undertakes to use the Website solely for personal purposes, excluding any unauthorized commercial use.

1.6. Sale of Alcohol – Liability & Legal Obligations

In accordance with the French Public Health Code:

DOMAINES REYBIER reserves the right to cancel any order that does not comply with these legal obligations.

1.7. Personal Data

The terms relating to the collection, processing, storage, and exercise of rights concerning personal data are detailed in the Privacy Policy (section 2 below).

1.8. Cookies

Browsing the Website may result in the installation of cookies on the user’s device. The operating, settings, and refusal terms are specified in the Cookies Policy (section 3 below).

1.9. Hyperlinks

The creation of links to the Website is permitted only with prior authorization.

The third-party websites to which certain links on the Website refer are not under the responsibility of DOMAINES REYBIER, which declines all liability regarding their content.

1.10. Liability

Although DOMAINES REYBIER strives to provide accurate and up-to-date information, it cannot guarantee the accuracy, completeness, or timeliness of the content published on the Website.

DOMAINES REYBIER does not guarantee uninterrupted access to the Website and cannot be held liable for any direct or indirect damage related to:

1.11. Amendments to the Legal Notice

DOMAINES REYBIER reserves the right to modify or update these legal notices and terms of use at any time. They are binding on users as soon as they are published online.

1.12. Applicable Law & Disputes (use of the Website)

These legal notices are governed by French law.
In the event of a dispute, the parties shall seek an amicable solution. Failing this, disputes shall be submitted to the competent courts in accordance with applicable law.

  1. PRIVACY POLICY (GDPR)

This Privacy Policy describes how DOMAINES REYBIER collects, uses, protects, and shares the personal data of users of the website www.estournel.com.

It is established in accordance with:

2.1. Data Controller

DOMAINES REYBIER
Château Cos d’Estournel
33180 Saint-Estèphe
Email: marketing@estournel.com

2.2. Data Collected

Data collected automatically (browsing):

Dynamic list of cookies:

Data collected when creating an account or placing a WooCommerce order:

Data collected via the newsletter
• Email address

Data collected via contact forms
• First name, last name
• Email address
• Telephone number (optional)
• Free-text message

Data relating to the sale of alcohol
• Mandatory age confirmation
• Possible proof of legal age (via human or automated verification)

2.3. Purposes of Processing and Legal Bases

Data are used for the following purposes:

Purpose Legal Basis Data Concerned
User account management Contract Identity, contact details
Order processing & delivery Contract Postal data, contact details, order history
Customer service management Legitimate interest Identity, message, communication history
Sending newsletters Consent Email
Audience measurement & statistics Consent (cookies) Browsing data
Website security Legitimate interest Technical data
Compliance with obligations related to alcohol sales Legal obligation Proof of legal age
Fraud prevention Legitimate interest Transactional and technical data

2.4. Data Recipients

Data may be communicated to the following recipients:
• Authorized personnel of DOMAINES REYBIER,
• Technical service providers: SERUM AND CO, WooCommerce, hosting provider, analytics tools,
• Payment service providers,
• Carriers / logistics providers,
• Legal advisors, if necessary.

No commercial transfer or resale of data to third parties is carried out.

2.5. Data Retention Periods

2.6. Users’ Rights

In accordance with the GDPR, you have the following rights:
• Right of access,
• Right to rectification,
• Right to erasure,
• Right to restriction of processing,
• Right to object,
• Right to data portability,
• Right to withdraw consent,
• Right to lodge a complaint with the CNIL.

Exercising your rights:
• You may contact the DPO (Data Protection Officer), Alicia DUMAS, by email: marketing@estournel.com
• By post: Château Cos d’Estournel – 33180 Saint-Estèphe

DOMAINES REYBIER will respond to any request within a maximum period of one (1) month.

2.7. Data Security

DOMAINES REYBIER implements all necessary technical and organizational measures to protect data against:
• unauthorized access,
• loss,
• alteration,
• destruction,
• fraudulent use.

Payments are processed via PCI-DSS certified service providers.

2.8. Transfers Outside the European Union

Data are primarily hosted within the European Union.
Should a transfer outside the EU occur, DOMAINES REYBIER undertakes to govern such transfer by:
• standard contractual clauses,
• compliance with the GDPR,
• enhanced security measures.

2.9. Amendments to the Privacy Policy

DOMAINES REYBIER may amend this Policy at any time.
The applicable version is the one in force at the time of your visit to the Website.

  1. COOKIES POLICY – CNIL

3.1. Definition

A cookie is a file placed on your device (computer, tablet, smartphone, etc.) when you browse the Website.
It allows, in particular:

3.2. Cookies Used on the Website

Strictly necessary cookies (exempt from consent):

Cookies subject to consent:

3.3. Retention Period

3.4. Cookie Banner & Consent Management

When you first visit the Website, a banner allows you to:

You may change your choices at any time via the consent management tool (CMP) made available on the Website, where applicable.

3.5. Browser Settings

You may also disable cookies via your browser settings (Chrome, Safari, Firefox, Edge, Opera, etc.).
Detailed information is available on the CNIL website. Links may be provided upon request.

GENERAL TERMS AND CONDITIONS OF SALE

Domaines Reybier – Château Cos d’Estournel

1 – Purpose and Scope of Application

Domaines Reybier, whose activities include in particular the production and marketing of prestige wines, offer a distance selling service for their products (hereinafter the “Products”), via the website www.estournel.com and by direct contact (email).

1.1. Definitions

“Client”: any natural or legal person, governed by private or public law, registered on the Website.
“Website Content”: elements of any kind published on the Website, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases, or software.
“The Publisher”: SERUM AND CO, acting in its capacity as publisher of the Website.
“Internet User”: any natural or legal person, governed by private or public law, connecting to the Website.
“Product”: any good of any kind sold on the Website by the Publisher to Clients.
“Website”: the website accessible at the Cos d’Estournel URL, as well as related sub-sites, mirror sites, portals, and URL variations.

1.2. Application

These General Terms and Conditions of Sale (hereinafter the “GTC”) define the contractual rights and obligations applicable to any distance sale concluded between Domaines Reybier and any adult natural person acting as a consumer (hereinafter the “Client”).

Any order implies full, complete, and unconditional acceptance of these GTC, which prevail over any other document, in particular any purchasing conditions of the Client.

The Website is freely and openly accessible to any Internet User. Browsing the Website implies acceptance by any Internet User of these general conditions. Simple connection to the Website, by any means whatsoever, including via a robot or browser, constitutes full and unconditional acceptance of these general conditions. Upon registration on the Website, such acceptance is confirmed by checking the corresponding box.

The Internet User thereby acknowledges having fully read and accepted them without restriction.

Checking the aforementioned box shall be deemed to have the same value as a handwritten signature by the Internet User. The Internet User acknowledges the evidential value of the Publisher’s automatic recording systems and, unless proven otherwise, waives the right to contest them in the event of a dispute.

These general conditions apply to relations between the parties to the exclusion of all other conditions, in particular those of the Internet User.

Acceptance of these general conditions presupposes that Internet Users have the necessary legal capacity to do so, or failing that, that they have the authorization of a guardian or curator if incapacitated, of their legal representative if minors, or that they hold a mandate if acting on behalf of a legal entity.

Domaines Reybier reserve the right to amend these GTC at any time. The applicable GTC are those in force on the date the order is validated.

2 – Ordering Conditions and Process

2.1. Capacity – Legal Age

The Client declares and warrants that they are at least eighteen (18) years old, in accordance with Article L.3342-1 of the French Public Health Code, and that they have the legal capacity required to enter into a contract.

Domaines Reybier reserve the right to refuse or cancel any order in the event of a legitimate doubt regarding the Client’s age or legal capacity.

2.2. Order Process

2.2.1. Placing an Order

To place an order, Internet Users may select one or more Products and add them to their cart. Product availability is indicated on the Website in the product description page for each item. Once their selection is complete, they may access their cart by clicking the button provided for this purpose.

2.2.2. Order Validation by the Internet User

By viewing their cart, Internet Users may verify the quantity and nature of the Products selected, check their unit price and total price, and remove one or more Products if necessary.
If the order is satisfactory, Internet Users may validate it. They will then access a form allowing them either to enter their login details if they already have an account, or simply to provide their delivery information.

2.2.3. Payment by the Client

Once logged in, or after having fully completed the registration form, Clients will be invited to review or amend their delivery and billing details, and then to proceed with payment by being redirected to the secure payment interface bearing the wording “order with obligation to pay” or any similar wording.

2.2.4. Order Confirmation by the Publisher

Once payment has been effectively received by the Publisher, the latter undertakes to acknowledge receipt to the Client by electronic means within a maximum period of 24 hours. Within the same timeframe, the Publisher undertakes to send the Client an email summarizing the order and confirming that it is being processed, including all relevant information.

The Client will be contacted again at the time the order is shipped in order to be informed of the tracking number.

2.3. Order Methods

Orders may be placed:

Any order is deemed firm and final only after written confirmation sent to the Client by electronic means. Such confirmation constitutes the conclusion of the sales contract.

Domaines Reybier reserve the right to refuse or suspend any order, in particular in the event of a prior dispute, an order anomaly, or non-payment.

2.4. Final Nature – Modification

Any validated order is firm and final.
No modification may be made without the prior written consent of Domaines Reybier.
Any accepted modification shall automatically render the initially communicated deadlines null and void, without Domaines Reybier incurring any liability.

2.5. Cancellation

Outside the exercise of the statutory right of withdrawal, any cancellation of an order at the Client’s initiative shall result in the sums paid being retained by Domaines Reybier as a fixed compensation, without prejudice to any additional damages.

3 – Product Availability

Products are offered subject to availability.

In the event of unavailability after order validation, Domaines Reybier will inform the Client as soon as possible and will offer, at their discretion:

Domaines Reybier shall not be held liable for any failure or delay resulting in particular from stock shortages, force majeure, logistical disruptions, or any unforeseeable external event.

4 – Prices and Payment Conditions

4.1. Prices

Prices are expressed in euros and displayed as follows:

En primeur sales
For en primeur sales, applicable taxes are due and paid in full at the time of the order.

The wines are aged and stored at the estate until bottling. Delivery costs are not included in the sale price and will be invoiced at a later date, when the wines are made available, generally around two (2) years after the order.

In this respect, the Client will receive an invoice corresponding to the delivery costs due and will be invited to confirm the desired date and place for receiving their wines.

Transport costs, duties, taxes, and any insurance are invoiced in addition, unless expressly stated otherwise.

The prices applicable are those in force at the time of the order. Domaines Reybier reserve the right to modify their prices at any time, without retroactive effect.

4.2. Payment

For deliverable wines, the price is payable in full in cash at the time of the order. Validation of payment conditions shipment.

For en primeur sales:

No discount shall be granted, including in the event of early payment.

4.3. Failure to Pay

In the event of total or partial non-payment, Domaines Reybier reserve the right to suspend or cancel the order and to demand immediate payment of all sums due, without prejudice to any legal action.

5 – Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the Client has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal, without having to justify their decision.

The Products must be returned:

The refund will be made within a maximum period of fourteen (14) days from receipt of the returned Products, subject to their compliance.

The right of withdrawal does not apply to:

6 – Retention of Title – Transfer of Risk

The Products remain the exclusive property of Domaines Reybier until full payment of the price.
In the event of non-payment, Domaines Reybier may recover the Products, the sums paid remaining retained as fixed compensation.

The risks of loss or damage are transferred to the Client upon handover of the Products to the carrier, including where the carrier is chosen by Domaines Reybier.

7 – Delivery

Delivery times are indicative and do not constitute a firm commitment. No delay shall give rise to compensation or cancellation.
Unless otherwise stated, delivery costs are borne by the Client.

It is the Client’s responsibility to check the condition of the Products upon delivery. In the event of damage or missing items, the Client must:

  1. make precise and substantiated reservations to the carrier,
  2. inform Domaines Reybier by registered letter within a maximum period of three (3) days.

Failing this, the Products shall be deemed accepted without reservation.

7.1 – Delivery Location

Where the Client chooses to collect the Products themselves, collection shall take place at the Domaines Reybier warehouse at the following address:
ZAC Saint Laurent Médoc, 1 Lieu-dit Les Cabernets – 33112 Saint-Laurent-Médoc.

An appointment must be scheduled by telephone at +33 (0)5 56 73 15 50 or by email at private-member@estournel.com. Without an appointment, collection cannot take place.

8 – Warranties

The Products benefit from:

Any claim must be addressed to:
Domaines Reybier – Château Cos d’Estournel
33180 Saint-Estèphe
Tel.: +33 (0)5 56 73 15 50 – Email: estournel@estournel.com

9 – Liability

The liability of Domaines Reybier cannot be engaged for indirect damages, loss of business, or intangible losses resulting from the purchase or use of the Products.
Liability related to transport rests with the carrier once the Products are taken into charge.

10 – Personal Data Protection

Personal data collected are processed in accordance with the Privacy Policy available on the website www.estournel.com.
The Client has rights of access, rectification, erasure, restriction, objection, and portability, in accordance with applicable regulations.

11 – Applicable Law – Dispute Resolution

These GTC are governed by French law.
In the event of a dispute, the parties shall endeavor to reach an amicable solution. Failing this, the French courts shall have exclusive jurisdiction.

Only the French version of these GTC shall be authoritative.

Any dispute concerning the application, interpretation, performance of these GTC, the sales contracts concluded by Domaines Reybier, or the payment of the price, shall be brought before the Commercial Court having jurisdiction over the registered office of Domaines Reybier, regardless of the place of the order, delivery, or payment, and the method of payment, even in the event of third-party proceedings or multiple defendants.

Bills of exchange shall neither novate nor derogate from this jurisdiction clause.

Furthermore, in the event of legal action or any other debt recovery action undertaken by Domaines Reybier, the costs of formal notice, legal proceedings, as well as attorneys’ and bailiffs’ fees, and all related costs shall be borne by the defaulting Client, as well as any costs linked to or resulting from the Client’s failure to comply with the payment or delivery conditions of the order concerned.

 

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