TERMS AND CONDITIONS OF ONLINE SALE -Visits and tasting sessions
Château le Puy – JP & P Amoreau SARL
TCS come into effect / 2022
ALCOHOL ABUSE IS DANGEROUS FOR HEALTH, PLEASE DRINK SENSIBLY
The sale of wines via the website www.chateau-le-puy.com is reserved exclusively for persons over the age of 18 at the time of order, which the Customer expressly declares and guarantees.
It is prohibited to sell alcohol to persons under 18 years of age.
ARTICLE 1: PREAMBLE
The present Terms & Conditions of Sale (hereinafter referred to as “TCS”) apply to all purchases enabling a visit or wine tasting session at Le Puy vineyard, operated by Château le Puy – SARL JP & P Amoreau, headquartered at Château le Puy, Saint Cibard 33570, and also if this purchase is made via the website accessible at the following address: https://www.chateau-le-puy.com/en/boutique/tours-and-tastings/.
The Customer is requested to read the TCS attentively, which define the contractual relations between the Customer and JP & P Amoreau, in addition to the terms applicable to purchases of visits.
Confirmation of the order for a visit + tasting session or tasting session via the Website implies the Customer’s unreserved acceptance of all the present TCS, which the latter acknowledges having read prior to confirming their purchase.
The applicable TCS are those available on the Website on the day of purchase. JP & P Amoreau reserve to right to adapt or modify the TCS, on the understanding that any modifications to the TCS will be applicable solely to purchases made further to the date of coming into effect of such modifications as specified on the Website.
ARTICLE 2: DEFINITIONS
All terms hereafter beginning with a capital letter, whether used in the singular or plural, shall have the following meaning in the context of the Terms & Conditions of Sale:
“Service Provision” refers to:
A visit or tasting session + visit, chosen from the available offer, i.e., “Discover the Le Puy Philosophy” (tasting) or “Immerse in the World of Le Puy” (visit + tasting).
Each Service Provision is referenced by an order number which provides admission to a type of Service Provision at Le Puy vineyard with the number of persons specified.
“Customer” refers to any consumer making a purchase via the Website and having accepted the TCS according to the provisions of Article 3.2 below.
ARTICLE 3: TERMS OF PURCHASE
3.1 – TERMS OF PURCHASE
The Customer undertakes to complete the order form, providing the required information fully and accurately.
The Customer selects their choice of Service Provision by clicking on the “Book” tab, then enters the number of persons. The Customer may check the Service Provision selected at any time by clicking on the “Cart” tab.
The Customer acknowledges having read the information relative to the service and prices. Orders are subject to the present TCS.
3.2 – TERMS OF ACCEPTANCE OF THE TERMS & CONDITIONS OF SALE
By clicking on “Order” at the end of the order procedure and by clicking the box “I have read and accepted the Terms & Conditions of Sale”, the Customer declares having read and accepted unreservedly all the TCS.
3.3 – TERMS OF PAYMENT
Online payment is to be made exclusively by Visa or MasterCard banking card.
Further to verification of the order and acceptance of the TCS under the above-mentioned provisions, the Customer will be redirected to a secure payment server via which they will pay for their order online using their bank card information, which includes the card number, expiry date and the cryptogram to be found on the back of the card.
The order amount will be debited from the Customer’s account after the final validation of the transaction on the Website. The debiting of the bank card is independent of the printing of the order.
In the event of refusal of payment from the payment centre, the transaction will be automatically cancelled. All online purchases are firm and definitive; once payment is confirmed, the Customer may not cancel or modify their order.
At the end of the order procedure, the Customer will receive a confirmation email (proof of transaction), sent automatically by the secure payment system. Proof of transaction includes:
Details of the order
Date, time and amount of transaction
Order reference number
Following receipt of this order confirmation, a member of the Le Puy team will contact the Customer within 48 hours by email or telephone to set and confirm the date and time of the Service Provision (Tasting or Visit + Tasting). A confirmation email specifying the agreed date and time will then be sent to the Customer. This email serves as proof of booking.
ARTICLE 4 – PROOF OF BOOKING
4.1 – RESTRICTIONS OF USE
Subject to the provisions of Articles 3.2 and 6 of the TCS, online bookings cannot be returned, exchanged or refunded, with the exception of cases provided for in Article 5.1.
It is prohibited to reproduce the proof of booking in any form.
Resale of the booking is strictly prohibited.
4.2 – SERVICE PROVISION PRICES
Prices are quoted per adult. Children accompanied by adults are admitted at no extra cost. The presence of children must be notified and accepted by the Le Puy team on confirmation of the dates and times of the visit or visit + tasting.
The prices of Service Provisions are specified in Euros and payable in this currency only.
Visit prices are specified on the Website.
The applicable rate is that which is in effect on the day the Customer places their order.
The price of tasting sessions or visit + tasting is deductible from the purchase of wine during the visit to the vineyard. This discount is limited to one deduction per person per purchase.
E.g., a couple having paid for 2 visits at €20 is not entitled.
ARTICLE 5 – TERMS OF REIMBURSEMENT
5.1 – ABSENCE OF RIGHT OF WITHDRAWAL
The sale of Service Provisions for visits to the Le Puy vineyard constitutes a leisure activity Service Provision which is to be provided on a specific date or period, in accordance with the Article L.121-21-8 12 of the Consumer Code; the provisions of Article L.121-21 of the same Code relative to the consumer’s right to withdrawal are not applicable to the purchase of Tickets. Nevertheless, further to discussions, if the Le Puy team is unable to find a date and time convenient to the Customer’s availabilities, JP & P Amoreau may proceed to the reimbursement of the amount of the Provision paid via the Website.
5.2 – PARTIAL OR FULL CLOSURE OF THE LE PUY VINEYARD PRIOR TO THE START OF THE VISIT
The Le Puy vineyard may be obliged to limit opening hours or close the site.
In this event and subject to the Customer’s proof of their inability to return on an alternative date, the value of the booking price paid by the Customer will be reimbursed by JP & P Amoreau, to the exclusion of any other form of compensation or penalty whatsoever.
Under these conditions, reimbursement will be made upon the written request of the Customer, specifying the date they were unable to visit the Le Puy vineyard and accompanied by any justifying document, in addition to their banking details and proof of order. The booking is to be cancelled by JP & P Amoreau prior to any form of reimbursement. This request cannot be made beyond the date of validity of the Service Provision. Reimbursements will not be made on site.
This request must be sent to the following address : email@example.com
5.3 – PARTIAL OR FULL CLOSURE OF THE LE PUY SITE DURING A VISIT
JP & P Amoreau shall not be held liable in the event of an event of force majeure which disrupts the visit of the Le Puy vineyard and results, where necessary, in the partial or full closure of the site. In this event, no form of reimbursement will be granted.
The same conditions apply in the event JP & P Amoreau is obliged to close all or part of the Le Puy site for reasons of general interest, serious threats to public order or the security of persons or property.
ARTICLE 6 – TERMS OF ADMISSION TO THE LE PUY VINEYARD
6.1 – WELCOMING AND TERMS OF VISIT
The Customer must go directly to the Le Puy welcome area at the time specified on the proof of booking and present said proof.
Admission for visitors with proof or booking is organised according to the time specified on the booking and not according to the order of arrival of visitors to the estate.
Children accompanied by adults are admitted. The presence of children must be notified and accepted by the Le Puy team on confirmation of the dates and times of the visit or visit + tasting. Children remain under the supervision and responsibility of their parents at all times.
Animals will not be admitted.
6.2 – PUNCTUALITY
Any event programmed at a specific time will begin precisely on time. Latecomers of more than 60 minutes may be refused admission, without any form of reimbursement or compensation. Visits beginning after the announced time (with a 5- to 15-minute delay) will thus be shortened in order to finish at the initially specified time.
ARTICLE 7 – LIABILITY
Visits to the Le Puy vineyard are carried out under the sole liability of the Customer.
The Customer will be held liable for any form of direct or indirect damage they, or persons under their responsibility, may cause on the estate. Such liability applies to damage caused to staff and/or customers present, or to any form of property made available to the Customer by Le Puy.
JP & P Amoreau shall not be held liable if the non-execution or incorrect execution of its obligations pursuant to the TCS is attributable to the Customer, the unforeseeable and unavoidable action of a third party, or in the event of force majeure.
ARTICLE 8 – SECURING OF PAYMENT
The Website is subject to a security system.
The PAYPLUG secure payment system is PCI DSS-certified.
JP & P Amoreau ensures that the encryption means and services used to secure transactions are subject to an authorisation or declaration pursuant to the legislation in effect.
ARTICLE 9 – PERSONAL DATA
JP & P Amoreau undertakes to respect the confidentiality of personal data provided by the Customer and to process said data in compliance with French Law n°78-17 on Computers and Freedom of 6 January 1978.
Personal data provided to JP & P Amoreau by the Customer is subject to computerised processing and may be used by JP & P Amoreau, its in-house departments, sub-contractors, partners or beneficiaries, in accordance with the Customer’s consent, for the purposes of:
The processing, execution and management of purchases;
The processing of requests for information and/or complaints;
To inform the Customer of upcoming events.
This data will also be stored by JP & P Amoreau for security purposes, in compliance with legal obligations and regulations.
JP & P Amoreau undertakes not to transmit Customer data to a third party other than its partners and sub-contractors responsible for the management, execution, processing, payment and/or follow-up of Ticket purchases. JP & P Amoreau may nevertheless be required to transmit said data on request from legal authorities.
In accordance with Article 34 of the French Law on Computers and Freedom updated by EU Regulation n°2016/679 of the European Parliament and Council of 27 April 2016 relative to the protection of physical persons with regard to the processing of personal data and the free movement of said data, all Customers, subject to proof of identity, may exercise their right to access, rectify and/or delete their personal data contained in the JP & P Amoreau database.
Customers also have the right to limit the processing of, erase and transfer their personal data, in addition to the right to withdraw their consent or lodge a complaint with the French National Commission for Computers and Freedom (CNIL). The Customer may also oppose the use of their personal data for purposes of prospection, and more generally the processing of their data on legitimate grounds.
The above rights may be exercised by contacting JP & P Amoreau at the following address : firstname.lastname@example.org
ARTICLE 10 – MISCELLANEOUS
10.1 – ELECTRONIC ARCHIVING
JP & P Amoreau archives orders and payment receipts on a reliable and sustainable support constituting an exact copy, in compliance with the legislation in effect.
Subject to the application of any imperative provisions pertaining to the storage duration of consumer contracts (10 years for electronic contracts regarding amounts equal to or exceeding €120, in compliance with Article L 134-2 of the Consumer Code), JP & P Amoreau stores these supports for a period of three (3) years, as of the date of the Customer’s visit to Le Puy. JP & P Amoreau undertakes to ensure access for the Customer and to provide the latter with a copy of the TCS upon request to JP & P Amoreau at the address specified in Article 10 of the present document.
JP & P Amoreau’s computerised registries are deemed by the Parties to constitute proof of communication, orders, payments and transactions occurring between said Parties.
The Customer accepts that all correspondence and/or communication and/or transmission of information with JP & P Amoreau via electronic means is presumed to have the same probatory force as a written document on paper.
10.2 – CUSTOMER SERVICE
For all information or queries regarding the Le Puy vineyard, the Customer may send an email to : email@example.com
or write to : CHATEAU LE PUY – Saint Cibard 33570
10.3 – ORDER FOLLOW-UP
The Customer may consult the details of their order at any time by logging into their email account.
10.4 – NULLITY
If any one of the clauses of the Terms and Conditions of Sale should prove to be null with respect to a current law or a legal decision having become definitive, it shall therefore be deemed as not written but nevertheless shall not lead to the nullity of the contract or alter the validity of its other provisions.
10.5 – MEDIATION
In the event of a dispute, the Customer, prior to any legal proceedings, is entitled to have recourse to a standard mediation procedure or any other alternative means of dispute settlement in order to find an amicable settlement.
10.6 – APPLICABLE LAW – DISPUTES
Sales of Service Provisions provided by the Le Puy vineyard and specified in the TCS are subject to French law.
In the event of a complaint, the Customer may contact the Customer Service department at the address specified in Article 10.2 of the TCS.
In the event of a dispute, the Parties may have recourse to the competent courts.
10.7 – STATEMENT OF ADDRESS
For the execution of this document and the acts subsequent hereto or a consequence hereof, the parties shall choose as their domicile:
For JP & P Amoreau, its headquarters: CHATEAU LE PUY – Saint Cibard 33570
For the Customer : The address provided upon their purchase order.
ARTICLE 11 – INTELLECTUAL PROPERTY
11.1. The content of the Website (photos, texts, ergonomy, graphic designs, etc.) is the property of JP & P Amoreau and is protected by French and international laws relative to intellectual property, and copyright in particular.
11.2. Logos and any other trademark used to represent the Products on the Website, or JP & P Amoreau, whether patented or not, are the exclusive property of JP & P Amoreau.
11.3. Any form of partial or total reproduction of said content, by any means and on any support, is strictly prohibited and may constitute an illegal act of counterfeit and/or unfair competition.