Article 1. Application of these General Terms and Conditions of Sale

These General Terms and Conditions of Sale apply to the sale of wines by the company CAVE DES PRODUCTEURS DE JURANÇON (CPDJ) or CAVE DU BÉARN GAN-JURANÇON (hereinafter referred to as “LA CAVE DE GAN – JURANÇON” or “the seller”) to consumers (hereinafter referred to as “the buyer” or “you”) through its online shop accessible on the website (www.cavedejurancon.com/boutique).

They are automatically made available to the buyer on the home page of LA CAVE DE GAN – JURANÇON website. The buyer simply needs to click on “General Terms and Conditions of Sale” to read the conditions applicable to their order, even before initiating the ordering process. Consequently, placing an order implies full and unconditional acceptance of these General Terms and Conditions of Sale by the buyer.

The fact that the seller does not invoke, at a given time, any of the provisions of these General Terms and Conditions of Sale shall not be interpreted as a waiver of the right to invoke said provision at a later date. In the absence of any specific provision expressly agreed in writing between the parties, orders are automatically subject to these General Terms and Conditions of Sale.

Our offers are exclusively reserved for consumer customers, to the exclusion of professional resellers. The buyer declares that they have read and accepted these General Terms and Conditions of Sale prior to placing their order. Validation of the order therefore constitutes acceptance of these General Terms and Conditions of Sale. As these conditions may be amended, the applicable version is the one in force on our website on the date the buyer places the order.

Article 2. Ordering and Payment Terms

2.1 Ordering Terms

For any first order, the buyer must complete the registration form provided for this purpose on our website by entering the following information: last name, first name, and an email address.

Before submitting their registration, the buyer must enter in the dedicated field the letters and numbers displayed on their screen in order to confirm that the order is not being placed by an automated system.

The buyer must also choose a password and confirm it.

The buyer’s login and password are personal and must remain confidential. The buyer is responsible for their use.

If necessary, the buyer may inform LA CAVE DE GAN – JURANÇON in writing of any unauthorized use of these login details so that they may be deactivated.

When registering, the buyer must provide accurate and complete information and ensure that their details are updated in the event of any subsequent changes.

Once registered on our website, the buyer can select the wines they wish to order by browsing the dedicated pages.

The buyer selects the wines by clicking on the basket icon and entering the quantities they wish to order. They may check the selected wines at any time by clicking on the “VIEW MY BASKET” tab.

If the buyer wishes to continue with their order, they must click on the “PROCEED TO CHECKOUT” tab.

The buyer will then be redirected to a new form entitled “Billing Address”. They must enter their last name, first name, address, and telephone number.

The buyer is informed that they have the right to register on the telephone solicitation opt-out list pursuant to Article L.223-2 of the French Consumer Code.

If the billing address is different from the delivery address for the wines, the buyer must complete a second identical form for delivery purposes.

The buyer may then choose the method of delivery. Three (3) options are available: standard delivery, express delivery, and in-store pickup.

After selecting the delivery method, the buyer will choose the payment method for their order: either by bank card or by cheque.

To confirm their order definitively, the buyer will be redirected to a summary page showing their contact details, the detailed price to be paid, and the quantities of wine ordered.

The buyer may then validate the content and the amount of their order by clicking the “Confirm” button, after having checked the boxes confirming that they are over eighteen (18) years of age and that they have read these General Terms and Conditions of Sale before placing the order.

The buyer will once again have the opportunity to consult these General Terms and Conditions of Sale, which will be accessible via a hyperlink.

The buyer will then proceed to payment.

Once the payment has been validated by LA CAVE DE GAN – JURANÇON, the buyer will receive an order confirmation by email, along with their payment receipt. The buyer may also access their order in their online account under the “Customer Account” tab.

2.2 Payment methods

Payment for the wines may be made by cheque or by French bank card (Mastercard, Visa or CB).

2.2.1 Cheques:

The buyer must send their cheque, denominated in euros and issued by a bank located in France, made payable to LA CAVE DE GAN – JURANÇON, duly completed and signed, within 10 days following the order, to the following address: CAVE DE GAN – JURANÇON, 53 avenue Henri IV, 64290 GAN.

Failing this, LA CAVE DE GAN – JURANÇON may terminate the sale. In such case, the buyer will be informed.

The buyer’s cheque will be deposited before the scheduled delivery date of the wines concerned by the order (or before the first shipment in the case of multiple shipments). Orders are validated by LA CAVE DE GAN – JURANÇON only upon full and successful cashing of the buyer’s cheque.

2.2.2 Bank cards:

In the case of payment by bank card, the full amount is charged upon confirmation of the order by the customer on the website.

The buyer guarantees to LA CAVE DE GAN – JURANÇON that they are fully authorised to use the payment card for the settlement of their order and, in particular, that at the time of validating the order they hold all necessary authorisations to use the bank card payment method. Provisions relating to the fraudulent use of bank card payments may be applied where appropriate.

Payments by bank card are secured by an online SSL-compliant payment system, which encrypts the entry and transmission of all data relating to orders (including the buyer’s name, address and bank card numbers) so that such information is protected during transmission.

The transaction is therefore secure, and SSL (Secure Socket Layer) encryption is provided by our banking partner, Caisse d’Epargne.

For optimal security, the buyer is automatically redirected to our banking partner’s website to enter their bank card information (card number, expiry date, and security code).

Furthermore, all banking information communicated during an online purchase is neither stored nor visible on the Internet. LA CAVE DE GAN – JURANÇON is only informed by its banking partner of successful payment and guarantees the confidentiality of your banking details.

2.2.3 General Provisions:

An invoice will be issued by LA CAVE DE GAN – JURANÇON.

When finalising the order, the Customer may choose how they wish to receive their invoice:

• Invoice by email: if the Customer ticks the corresponding box during the ordering process, the invoice will be sent to the email address provided. The personal data collected for this purpose will be used solely for sending the invoice and will be stored for a period of ten (10) years, in accordance with legal and tax obligations. The Customer may withdraw their consent at any time by contacting cave(at)cavedejurancon.com or by exercising their rights as set out in the Privacy Policy.

• Paper invoice: if the Customer does not tick this box, the invoice will be sent by postal mail to the address indicated when placing the order.

The wines remain the property of LA CAVE DE GAN – JURANÇON until full payment of the invoices. However, the buyer becomes responsible for the wines upon delivery, as transfer of possession constitutes transfer of risk.

Article 3. Wines

3.1 The buyer is reminded that the wines ordered are characterised, in particular, by fluctuating organoleptic qualities for which the seller cannot provide any guarantee (without prejudice to the legal guarantees referred to below).

It is further specified that sales concluded through our website do not constitute tastings or sales subject to preliminary approval, and therefore the buyer does not have the possibility of tasting the purchased wine before concluding the sale.

The buyer is thus informed that orders placed on our website constitute firm and final orders, which may nonetheless be cancelled in cases provided for by law and/or by these General Terms and Conditions of Sale.

3.2 Packaging

Unless otherwise specified in the pricing information available on our website:

• • 75 cL bottles are sold and packaged in boxes of six units, with possible mixing of different wines;
  • 150 cL magnums and 300 cL jeroboams are sold individually and packaged in a single-unit wooden case;
  • the number of bottles ordered must be a multiple of six (6), except in the case of a gift box, which may contain two (2), three (3), or six (6) bottles.

3.3 Availability of Wines

LA CAVE DE GAN – JURANÇON endeavours to update the information relating to wine availability on a regular basis. However, it is possible that wines shown as available may no longer be so at the time the buyer places an order.

Article 4. Prices

The prices of the wines are expressed in Euros (€) and displayed inclusive of all French taxes (French VAT and any other applicable taxes). The price shown on each product page is indicated excluding shipping costs. Shipping fees are charged based on the destination department and the number of bottles ordered.

The total amount due, indicated prior to the final order confirmation by LA CAVE DE GAN – JURANÇON, is the final price to be paid, expressed inclusive of all taxes (French VAT and any other applicable taxes). This price includes the cost of the wines, handling, packaging and storage fees, administrative charges, and transport costs.

LA CAVE DE GAN – JURANÇON reserves the right to modify its selling prices at any time. All promotional operations (vouchers, discount codes, partner discounts, etc.) are limited to one use per person per household and per operation. LA CAVE DE GAN – JURANÇON reserves the right to refuse any orders that do not comply with this criterion.

Applicable delivery rates at the time of the order are available on the website.

Article 5. Delivery and Receipt

LA CAVE DE GAN – JURANÇON offers the buyer three options for taking possession of the wines: in-store pickup, express delivery, and standard delivery.

5.1 In-store Pickup:

When placing an order, the buyer may choose to collect the wines directly from the store.

To do so, they must indicate the desired pickup day (excluding weekends and public holidays) and select a time slot: either between 9 a.m. and 12 p.m., or between 2 p.m. and 6:30 p.m.

Pickup takes place at the LA CAVE DE GAN – JURANÇON boutique located at 53 avenue Henri IV, GAN (64290).

The buyer must present their order number or an identity document in order to collect the wines.

5.2 Express and Standard Delivery:

LA CAVE DE GAN – JURANÇON delivers within mainland France (excluding Corsica and Monaco).

LA CAVE DE GAN – JURANÇON accepts the order and initiates delivery operations upon receipt of payment and approval by our verification service. Delivery of the ordered wines is made to the buyer’s home address or any other address indicated when placing the order. The information provided by the buyer during the order process is binding: in the event of an error in the recipient’s details or incomplete information, the seller cannot be held responsible for any inability to deliver the wines.

If the wines are returned due to an incomplete address, the buyer will be offered two alternatives:

– reshipment of the wines after payment of the return shipping costs,

– or a refund of the order after deduction of the initial delivery costs.

Orders are delivered in a single shipment to a single location.

Article 6. Verification

In the event that your file is rejected by our verification service, LA CAVE DE GAN – JURANÇON is entitled to request proof of identity and address from the buyer (as well as a KBIS extract if the buyer is a legal entity). Should the buyer refuse to provide such documents or if the documents provided are non-compliant, LA CAVE DE GAN – JURANÇON may require payment by bank transfer, in exchange for the cancellation of the card transaction or the destruction of the cheque issued by the buyer.

Article 7. Delivery Times

LA CAVE DE GAN – JURANÇON undertakes to make every effort to deliver the ordered wines as quickly as possible. The usual delivery time is ten (10) business days from the validation of the order by LA CAVE DE GAN – JURANÇON.

In any case, LA CAVE DE GAN – JURANÇON guarantees a maximum delivery time of fifteen (15) business days from the date of the buyer’s order.

Delivery is carried out by direct handover of the wines to the designated recipient or, in the event of absence, by a notice of availability.

Delivery times begin to run from the validation of the order, meaning receipt of payment, bank authorisation (for online card payments), and approval by the verification service.

In the event of an urgent request, the buyer is invited to contact us at cave(at)cavedejurancon.com and indicate their requirements in the dedicated field. LA CAVE DE GAN – JURANÇON will make every effort, insofar as possible, to meet these requirements.

It is the buyer’s responsibility to check the contents of the package at the time of delivery and, if necessary, to make reservations as follows: by noting them on the delivery slip provided by the carrier or by immediately calling the carrier’s customer service in the presence of the delivery person, and in all cases by informing LA CAVE DE GAN – JURANÇON by registered letter with acknowledgment of receipt sent to its correspondence address, or by telephone at 05 59 21 57 03, or by email at cave(at)cavedejurancon.com within twenty-one (21) days following receipt of the package.

See shipping rates.

Article 8. Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the French Consumer Code, the buyer has a period of fourteen (14) days to cancel their order without having to provide any reason or pay any penalties.

The withdrawal period expires fourteen (14) days after the day on which the buyer, or a third party other than the carrier and designated by the buyer, takes physical possession of the wines.

To exercise this right of withdrawal, the buyer must inform LA CAVE DE GAN – JURANÇON of their decision before the expiration of this period:

• • by returning the withdrawal form by post to its address, or

• • by sending an unambiguous statement by email to: cave(at)cavedejurancon.com.

After verification, the buyer will receive an email from LA CAVE DE GAN – JURANÇON providing instructions on how to return the goods.

The buyer must then return the wines to the address indicated on the return form without undue delay and no later than fourteen (14) days following the communication of their decision to withdraw.

The wines must be returned to LA CAVE DE GAN – JURANÇON by registered parcel with acknowledgment of receipt (for example, via Colissimo tracked service) or by any other method that provides proof of dispatch.

The direct costs of returning the wines and the risks associated with the return shall remain the responsibility of the buyer.

The wines must be returned to LA CAVE DE GAN – JURANÇON in their original packaging, accompanied by the corresponding invoice.

The buyer must also clearly indicate the return number shown on the return form on the parcel.

If any wines have been opened or consumed, they will be deducted from the refund to the buyer.

If the buyer decides to withdraw, LA CAVE DE GAN – JURANÇON will refund all amounts paid corresponding to the price(s) of the returned wine(s) and the delivery charges.

LA CAVE DE GAN – JURANÇON will refund the buyer without undue delay and no later than fourteen (14) days from the date it receives the wines.

The refund will be made using the same payment method used by the buyer for the initial transaction, unless the buyer expressly agrees to another method of payment and provided that this does not incur any costs for them.

Article 9. Warranties Related to the Wines

LA CAVE DE GAN – JURANÇON is liable for any lack of conformity of the wine(s) under the conditions set forth in Articles L.217-4 et seq. of the French Consumer Code, and for hidden defects of the wines sold under the conditions provided in Articles 1641 et seq. of the French Civil Code.

Article 10. Contact

For any information, request or complaint, the buyer may contact LA CAVE DE GAN – JURANÇON by sending a registered letter with acknowledgement of receipt to the address indicated, or by emailing us at: cave(at)cavedejurancon.com.
The buyer may also contact us by telephone at +33 (0)5 59 21 57 03, from Monday to Saturday, 8:00 a.m. to 12:00 p.m. and 1:30 p.m. to 6:00 p.m.

Article 11. Proof of Orders

Emails exchanged between LA CAVE DE GAN – JURANÇON and the buyer, as well as data recorded by the automatic registration systems used on the website, shall constitute proof between the parties, particularly with regard to the subject and date of the buyer’s order.

Article 12. Force majeure

The performance of all or part of the obligations of LA CAVE DE GAN – JURANÇON shall be suspended in the event of a force majeure circumstance preventing or delaying their execution.

Situations considered as force majeure include, in particular: war, riots, insurrections, civil unrest, or strikes of any kind.

LA CAVE DE GAN – JURANÇON shall inform the buyer of any force majeure event within seven (7) days of its occurrence.
If the suspension of obligations continues for more than fifteen (15) days, the buyer may cancel the order in progress, and LA CAVE DE GAN – JURANÇON will proceed with the refund.

Article 13. Applicable Law – Disputes

These General Terms and Conditions of Sale are governed by French law.

In the event of a dispute, the buyer shall first contact LA CAVE DE GAN – JURANÇON in order to seek an amicable solution. Prior to any legal action, the buyer may also resort to conventional mediation or any alternative dispute resolution method to reach an amicable agreement.

In accordance with the French Consumer Code concerning out-of-court settlement of consumer disputes, LA CAVE DE GAN – JURANÇON adheres to the FEVAD Consumer Mediation Service (Federation of e-commerce and distance selling), whose contact details are: FEVAD Consumer Mediator – BP 20015 – 75362 PARIS CEDEX 08 – https://www.mediateurfevad.fr

After exhausting all prior written steps with LA CAVE DE GAN – JURANÇON, the Consumer Mediation Service may be contacted for any consumer dispute that has not been resolved. Information on how to refer the matter to the Mediator is available on the website provided.

Any dispute that cannot be settled amicably shall fall under the exclusive jurisdiction of the French courts.