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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF USE

The company LES GRANDS CRUS DU CHÂTEAU DU TERTRE SCEA(hereinafterthe “Company“), owner of this website (hereinafter the “Website“), enacts the following General Terms and Conditions of Use (hereinafter the “GTCU”), in order to inform you of the rules of use and navigation on the Website.

1. INTELLECTUAL PROPERTY

Access to the Website grants you a private, non-collective and non-exclusive right to use the content of the Website. Any networking or redistribution, in any form whatsoever, is prohibited. The right to reproduce is only for the purpose of representation on a single screen and is strictly reserved for your private use.

Any commercial use of the information on this Website is strictly prohibited. All the data published on the Website, including in particular the texts, photographs, computer graphics and icons, constitute works within the meaning of the provisions of article L.112-1 of the French Intellectual Property Code. Consequently, any representation or reproduction, in whole or in part, which could be made without the consent of their authors or their beneficiaries, is illegal and engages the responsibility of its author. You may not modify, copy, transmit, download, display by e-mail or in any other way, the texts, photographs, computer graphics and icons.

2. ACCESS, AVAILABILITY AND NAVIGATION ON THE WEBSITE

The Website is accessible free of charge to any person of legal age with access to the Internet.

The Website is not intended for minors, and we will not knowingly collect, use, provide or otherwise process any personal information from minors.

When you browse the Website, if you submit your personal data to us, please be aware that you will be deemed to have granted your permission for the use of such data by the Company for the purposes set out in the Privacy Policy and the Cookies Policy.

Although we endeavor to keep the Website accessible at all times, we cannot guarantee access in all circumstances. In fact, and in particular for reasons of maintenance, updating, or for any other reason beyond our control, access to the Website may be interrupted. The Company reserves the right to modify its content at any time and without notice. It cannot be held responsible for the consequences of such modifications. Similarly, it reserves the right to interrupt or suspend all or part of the Website’s functionalities at any time and without notice.

The Company uses its best efforts to maintain good browsing conditions on the Website, and to avoid breakdowns, bugs, viruses or any other technical incidents and illegal practices (hereinafter collectively referred to as “Incidents“).

However, the risk of incidents cannot be excluded. The User is aware of this and accepts it. In general, the Company shall not be held liable in the event of the Website being unavailable or inaccessible for any reason whatsoever.

3. INFORMATION CONTAINED ON THE WEBSITE

  1. General provisions

We endeavor to provide you with accurate and up-to-date information. However, as the transmission of data and information over the Internet is relatively unreliable, we cannot guarantee the accuracy of all the information on this Website. The Company provides information for purely informative purposes. It makes every effort to check its accuracy and keep it up to date. However, no guarantee is given as to the accuracy, precision, updating or completeness of this information. Consequently, and with the exception of gross and intentional negligence, the Company declines all liability.

  • Hypertext links

Hypertext links set up on this Website may take you to websites published by third parties whose content we have no control over. Consequently, and insofar as hypertext links have been included on this Website in order to facilitate your browsing on the Internet, consultation of third-party websites is at your own discretion and your sole responsibility.

4. LIABILITY OF THE COMPANY

The Company cannot be held responsible for any damage of any kind (direct, indirect, material, immaterial) resulting from the occurrence of Incidents limiting or preventing access to the Website or its availability, or impacting the user’s experience, as well as the processing of their requests.

The Company shall also not be held liable for any Incidents resulting from exceptional circumstances, acts of God, as well as force majeure events, as defined by article 1218 of the French Civil Code and by French case law.

5. PERSONAL DATA AND COOKIES

For all information about your personal data and the use of cookies, please see the Privacy Policy and the Cookie Policy.

6. OPPOSITION TO TELEPHONE CANVASSING

In the event that you share your telephone number with the Company, we inform you that you have the right to register on the opposition to telephone canvassing list in accordance with article L.223-2 of the French Consumer Code.

The free “Bloctel” service is available on the following institutional website: https://www.bloctel.gouv.fr/

7. CONSUMER OMBUDSMAN

In accordance with the provisions of articles L.611-1 et seq. and R.612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes, when the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two (2) months, he may submit his complaint free of charge to the consumer mediator.

The mediator must be contacted within one (1) year of the initial complaint.

In the event of a dispute or claim for which you feel that you have not received a satisfactory response from us, we invite you to contact the MCP Médiationombudsman, who can be contacted directly online at the following website: https://mcpmediation.org/

or by post at the following address:

MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS

You can also visit the European online dispute resolution platform at: https://webgate.ec.europa.eu/odr

8. MODIFICATION OF THE WEBSITE AND GTCU

We may modify the content and information included on the Website, as well as these GTCU, the Privacy Policy and the Cookies Policy, notably in order to comply with any new legislation and/or applicable regulations and/or in order to improve the Website. We therefore invite all users to read these GCTU, the Privacy Policy and the Cookies Policy each time they use the Website.

9. APPLICABLE LAW

These GTCU and the Website are governed by French law. Any dispute concerning the scope, existence, validity, interpretation and application of these GTCU must be settled amicably between the Company and the User. In the absence of an amicable agreement, any dispute arising from the GTCU shall be referred to the competent courts of Saverne.

Update date: August 1st, 2024

Terms and Conditions of Sale

Article 1: Identification of the Château

These General Terms and Conditions of Sale (hereinafter the “GTC”) apply to the sales defined below and carried out by the company SCEA LES GRANDS CRUS DU CHÂTEAU DU TERTRE, a civil agricultural company with a share capital of €621,987.20, whose registered office is located at Château du Tertre – 33460 ARSAC (FRANCE), registered with the Bordeaux Trade and Companies Register under number 894 341 353. Its SIRET number is 894 341 353 00015 and its intra-community VAT number is FR 94894341353 (hereinafter the “Château”).

Article 2: Legal and Pre-contractual Information

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcohol to minors is prohibited, and the Château reserves the right to refuse an order placed by a Client who cannot prove they are of legal drinking age (verification of ID before final confirmation of a new Client’s first order).

It is also reminded that alcohol abuse is dangerous for health, and the Château’s products must be consumed in moderation. For more information, please refer to our General Terms of Use by clicking here.

Article 3: Application of the GTC

These GTC apply to all sales of products and services by the Château, regardless of the order method, whether through its online shop: https://www.chateaudutertre.fr/ (hereinafter the “Site”), in person, or remotely via email or phone.

The Château allows the Client to purchase from its boutique a selection of products from the “Château du Tertre” brand: wines by the bottle, wine gift sets, accessories like corkscrews, prints, aprons, etc. (hereinafter the “Products”), as well as to order the following services: Château tours and tastings, wine workshops, gift vouchers, stays at the property, private and professional events (such as seminars, rental of indoor or outdoor spaces, business lunch or dinner options – hereinafter the “Event(s)”), (collectively referred to as the “Services”).

The Products and Services offered by the Château are intended exclusively for sale to final consumers, who are individuals of legal drinking age, legal entities, and all visitors to the Château, whether they are considered professionals, non-professionals, or consumers as defined in the preliminary article of the Consumer Code (hereinafter the “Client(s)”), excluding professional resellers or intermediaries acting on behalf of resellers with regard to the Products.

Therefore, the Client declares that they are acting as a final consumer and have no intention of reselling the Château’s Products directly or indirectly for commercial purposes, which is an essential condition for the Château.

Any purchase or order implies the Client’s full and unconditional acceptance of these GTC.

The sales contract between the Client and the Château will include the conditions of their order and the GTC in effect at the time of the order, to the exclusion of any other document issued by the Château, which is only indicative, unless there is a written, explicit, and prior agreement from the Château.

By placing an order, the Client confirms they are legally capable of entering into a contract, acknowledges having read these GTC, and declares they accept them without reservation. The Château reserves the right to update its GTC at any time during the year. Any new version will take effect from its online publication and will apply to future orders. In any case, the GTC excerpt printed on the back of the Château’s invoices applies to all Product sales.

The Client can review the current version of the GTC at any time from the Site’s homepage under “General Terms and Conditions of Sale,” and the GTC will be attached to the Order confirmation email sent to the Client after finalizing their order.

Article 4: Prices

The prices of the Products are those in effect and displayed in the Château’s boutique. Prices for Events or custom Services will be provided to the Client upon request by quotation. The prices of the Services listed on the Site are indicated in euros, including all taxes, excluding a tourist tax of €6.62 per night and per person, where applicable. The Château reserves the right to change its prices and taxes at any time and undertakes to apply the price in effect on the date of the Order.

Article 5: Payment Methods

a) Services excluding stays at the property Unless the Services are handled by a travel agency or another third-party organization, billing and payment are made at the Château’s boutique, prior to the Service. Payments in euros are accepted in cash or by credit card. Payment by check is not accepted.

b) Products Payments in euros are accepted in cash or by credit card. Payment by check is not accepted.

c) Stays at the property For stays, billing requires payment, which is made:

  • By credit card seven (7) days before arrival when the booking is made through a booking platform;
  • By immediate credit card payment authorization on the day of booking when the booking is made via the Château’s Site;
  • By credit card seven (7) days before arrival when the booking is made directly by phone with the Château.

The tourist tax per night and per person, if applicable, will be payable on-site.

Article 6: Order Methods, Modifications, and Cancellations

These GTC apply to all sales of Products and Services by the Château, regardless of the order method, whether via its Site, its physical boutique located at Château du Tertre – 14, allée du Tertre – 33460 ARSAC, by email via the contact form on the Site, or by phone at +33 (0)5 57 88 52 52 (hereinafter the “Order”). No acceptance of an Order by the Château can be implicit. The Client accepts and acknowledges that the Order only becomes final when it is recorded and confirmed by the Château. For any questions or information regarding Products and Services, you can contact our customer service (hereinafter “Customer Service”) by clicking on the “Contact” link on the Site or by phone at +33 (0)5 57 88 52 52, Monday to Friday (excluding holidays), from 9 am to 5 pm.

a) Services and Events, excluding stays at the property
All Orders are firm and final, in accordance with the absence of the right of withdrawal as specified in Article 7 of these GTC.

In the event that the program of the Service is substantially modified by the Château on essential elements before its commencement, the Client will be notified in advance and may:
● either cancel their reservation and recover all the amounts paid;
● or maintain their participation with, where applicable, a partial refund—at the Château’s sole discretion—corresponding to the estimated portion of the initial Service that was not performed due to the program change.

Services will proceed regardless of the weather. However, depending on weather conditions, the Château reserves the right to adjust the program, as weather is not a reason for cancellation or refund.
In case of inclement weather, an indoor fallback solution may be offered for Services initially planned outdoors, depending on the type of service and/or the number of participants.
In case of interruption of the Service(s) by the Client or non-attendance (no-show), no refund will be provided.

b) Stays at the property
The Château offers two booking options on the reservation platform:

  • Either the reservation is cancelable with or without fees: In accordance with Article L.211-14 of the Tourism Code, any cancellation of a Service or Event by the Client made more than 30 days before the stay will be without charge. If the cancellation occurs between 29 and 8 days before the Service or Event, the Château will charge 30% of the total stay amount as cancellation fees. Any cancellation made between 7 and 4 days will incur a charge of 50% of the total amount of the Service or Event. Any cancellation made within 72 hours before the stay will be charged 100% by the Château.
  • Or the reservation is firm, non-cancelable, and definitively binds the Client for the amount of the Service. In this case, the entire ordered service will be charged, even if the Client notifies the Château of a cancellation request. These same conditions also apply for direct bookings with the Château via its Site.
    In case of interruption of the Service(s) by the Client or non-attendance (no-show), no refund will be provided.
    All cancellations must be notified in writing via email within a reasonable timeframe.

Article 7: Absence of the Right of Withdrawal

The Client is informed that in accordance with Article L.221-28, 12° of the Consumer Code, the right of withdrawal cannot be exercised by a consumer for contracts for “services of accommodation, other than residential accommodation, transport of goods, car rental, catering, or leisure activities which must be provided on a specific date or period.” Consequently, the Services sold by the Château, being accommodation or leisure activities provided on a specific date or period, do not entitle the Client to the right of withdrawal under Article L.121-21 of the Consumer Code, regardless of the method of booking the Service.

Article 8: Responsibilities

The Client agrees to comply with all health regulations requested by the Château, the government, or local authorities.
The Client agrees to use the Château’s property and equipment as intended, in accordance with good manners and public order, and not to damage them. The Client also agrees to comply with any Château’s Internal Regulations posted on site.
In the event of non-compliance with these rules, the Client will be solely responsible for any direct or indirect damage or degradation caused by them and/or their guests, and will bear the costs incurred.
Furthermore, if necessary, the Château may ask the Client to leave the premises without any compensation and/or refund of the amounts paid. If no payment has yet been made, the Client must settle the full price of the services consumed before leaving the premises.
The Château assumes no obligation to guard or supervise the Client’s property. Therefore, the Château cannot be held responsible for any damages of any kind, particularly fire, loss, or theft, affecting the Client’s belongings.
The Client and their insurers waive all claims against the Château, its staff, and its insurers for any direct or indirect damage resulting from the total or partial destruction of any materials, objects, furniture, valuables, goods, as well as loss of or disruption to the use of the premises.
The Client agrees to use the “Comments” section for lawful purposes. They must refrain from any behavior that could be deemed contrary to the ethics, values, and interests defended by the Château.
Therefore, the Client particularly refrains from posting any illegal, harmful, offensive, racist, hate-inciting, revisionist, immoral, privacy-invading, or third-party rights-violating content, including the image rights of individuals and property, intellectual property rights, or privacy rights. The Client also refrains from impersonating a third party and/or publishing any personal information about a third party. The Château disclaims all responsibility for any comments made by the Client in the “Comments” section, which the Client acknowledges and agrees to by accepting these GTC.
The Château cannot, under any circumstances, be held liable for damages that are not directly and exclusively attributable to it, nor for indirect or unforeseeable damages arising from the performance of its obligations under these terms or from any non-performance or poor performance of its Services attributable to the Client or any third party, or in the event of force majeure.
By express agreement between the Parties, indirect damages are notably considered to include any financial or commercial damage, loss of data, orders, or clientele.
The Château’s liability cannot be engaged in the event of circumstances beyond its control that lead to the modification or partial or total cancellation of a Service reservation. This includes, but is not limited to, situations such as closure or delays in Château works, modifications to the visit route due to emergency interventions, exceptional security measures, weather conditions requiring the cancellation or modification of the Service, or any delivery error or defect in the Products.
The photos presented on the Site are not contractual. The Château will make every effort to ensure that the photographs, graphic representations, and texts reproduced to illustrate the Château provide as accurate a view as possible of the services offered, however, variations may occur, notably due to changes in furniture, possible renovations, or other factors. The Client cannot claim any complaints on these grounds.
As long as security measures and professional diligence have been observed by the Château’s staff, the Château’s liability cannot be engaged in the event of a fall or injury to a Client during a visit. In the event of damage to public or private property caused by a participant, the Château’s responsibility cannot be invoked.

The Château cannot be held liable for non-performance or delay in fulfilling any of its obligations due to an event of force majeure, as defined in the following clause.

Article 9: Insurance

No insurance is included in the price of the Services.
The Client is responsible for taking out any insurance policy (damages, liability) they deem necessary and agrees, in the event of damage caused to the premises provided (rooms, common areas such as the living room, bathrooms, swimming pool, garden, etc.), to bear the costs of restoration.

Article 10: Force Majeure and Exceptional Circumstances

The Château’s obligations will be suspended, and its liability cannot be invoked if a delay or non-performance of its obligations results from a force majeure event as defined by Article 1218 of the Civil Code and jurisprudence, including, but not limited to, natural and climatic disasters and their consequences (such as fires, floods, lightning strikes, storms, etc.), social unrest, cyberattacks, strikes of any kind, pandemics, epidemics, wars and armed conflicts and their consequences, terrorist attacks, supply and transportation problems, emergency government measures, or resulting from exceptional circumstances, including, but not limited to, health crises, any risk to the safety and health of staff, states of emergency, gas and/or electricity shortages, any malfunction resulting from disruptions or interruptions in internet network services in general, and more generally any event whose effects cannot be avoided by appropriate measures, beyond its control, preventing performance or causing economic imbalance, without any penalties being applicable.
The Château will inform the Client in writing as soon as it becomes aware of the force majeure or exceptional circumstances in order to offer a solution (new date where possible, refund if applicable, etc.).

Article 11: Intellectual Property

In general, this Site in its entirety, including, in particular, all content, files, texts, comments, Products, drawings, illustrations, images, photographs, videos, sounds, music, graphics, formats, software, names, brands, links it contains or is linked to, as well as the organization of the Site, databases, and also the logos and slogans (protected by copyright and trademark law) on the Site, remain the property of the Château, the sole holder of intellectual property rights to these elements, or the Château has authorization to use them from the rights holders.
As such, any use, partial or total reproduction, modification, or use, not previously authorized, is strictly prohibited. Only consultation of the Site is authorized.
Furthermore, it is reminded that the photos and illustrations used on the Site are non-contractual and provided for informational purposes.
The sale of Products and the Client’s acceptance of the GTC cannot, in any case, be interpreted as conferring any right of disposal on the Client, particularly by means of an assignment or license, over the elements, nor as disclosure within the meaning of intellectual property law.
Failure to comply with these provisions allows the Château to claim compensation for its damage, including through legal action.

Article 12: Protection of Personal Data

When placing an Order, and to allow the Château to respond to the Client’s requests, the Château requires certain information, including personal data such as the Client’s name, phone number, email address, delivery and billing address (hereinafter “Personal Data”).
As the Data Controller for the Personal Data collected when an Order is placed, the Château makes every effort to protect it. This data is stored on servers located exclusively within the European Union and is not transferred outside the European Union. The Château will not send any offers or commercial communications (such as newsletters) without obtaining the Client’s express consent via a checkbox or an email request.

The processing schedule is as follows:
When the Client places an Order, their Personal Data is recorded for use in fulfilling their Order, keeping accounting records, and more generally managing the business relationship between the Château and the Client.
With the Client’s express consent, it may also be used for sending offers and marketing purposes.
This Personal Data remains accessible by the Client (modification) and by the Château (viewing for processing purposes), particularly through the Client’s account, allowing the Client and the Château to have a complete history of Orders. The Château may delete this data at any time upon the Client’s request.
Following collection, Personal Data is retained for six (6) years from the Client’s last Order. After this period, the Client is considered “inactive,” and their Personal Data will be deleted. For any new Order, the Château will request this information again.
However, after this six (6) year period, or upon the Client’s request for deletion, their Personal Data may be archived to meet the Château’s legal, accounting, and tax obligations (such as the ten (10) year invoice retention obligation under Article L.123-22 of the Commercial Code).
The Château undertakes to take all necessary precautions to safeguard the security and strict confidentiality of the Personal Data transmitted by its Clients, and in particular, to prevent unauthorized third-party access. This data will not be sold or transmitted to third parties without the Client’s prior consent, except for the Château’s partner carriers to ensure proper Order fulfillment.
When the Client chooses to pay for an Order by credit card, they provide the Château with their card number, expiration date, and the CVV code on the back of the card. This information is immediately transferred to the Château’s banking institution, and the Château does not have access to it. For this reason, the Client will be asked to provide this information each time they pay for an Order by credit card.
As part of the processing of the Client’s Personal Data, the Château undertakes to comply with applicable French and European laws and regulations on personal data processing, particularly Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (“GDPR”), applicable since May 25, 2018. In compliance with French and European regulations on personal data protection, and particularly the GDPR and the French Data Protection Act, the Client may exercise the following rights at any time: the right to information, the right of access, the right of rectification, the right to portability of their Personal Data, the right to limit its use or retention, the right to object, and the right to erasure of their collected Personal Data.
In the event of a request to exercise one of these rights by the Client, the Château will take the request into account as soon as possible and will process it within one (1) month of the Client’s request.

The Client also has the right to withdraw their consent at any time for processing that requires it. Thus, the data will be deleted.
The Client wishing to make requests regarding the exercise of any of their rights concerning their Personal Data mentioned above can submit a written request to the Château, at any time, accompanied by proof of identity, to the following address:
By postal mail: Les Grands Chais de France, Data Protection Officer – 1, rue de la Division Leclerc – 67290 PETERSBACH, France
By email via the Site’s contact form accessible here.
For more information, please refer to our Privacy Policy and Cookie Policy.

Article 13: Amicable Resolution, Mediation, and Objection to Telemarketing

13.1 Amicable Resolution
The Château’s Customer Service is available to the Client to resolve any issues arising from an order and its execution amicably.
In case of difficulties in applying these GTC, the Client will first and foremost contact the Château’s Customer Service, where they will submit a written complaint to the following address:
By postal mail: Château du Tertre – 14, allée du Tertre – 33460 ARSAC
Or by phone: +33 (0)5 57 88 52 52, Monday to Friday (excluding holidays), from 9 am to 5 pm.
Or directly via the Site’s contact form accessible here.

13.2 Consumer Mediation
In accordance with the provisions of Articles L.611-1 and R.612-1 et seq. of the Consumer Code concerning the amicable resolution of disputes, when a consumer has submitted a written complaint to the professional and has not obtained satisfaction or a response within two (2) months, they may submit their complaint free of charge to a consumer mediator.
The mediator must be contacted within a maximum period of one (1) year from the initial complaint.
In the event of a dispute or complaint for which the Client believes they have not received a satisfactory response from the Château, the latter invites the Client to contact the MCP MEDIATION mediator, who can be contacted directly online at the following address: www.mcpmediation.org or by mail at the following address:
MÉDIATION DE LA CONSOMMATION & PATRIMOINE – 12 Square Desnouettes – 75015 PARIS
The Client can also visit the European Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr
If no amicable agreement is reached, the Client will have the option of taking the matter to the competent court, as specified in Article 14 of these GTC below.

13.3 Objection to Telemarketing
If the Visitor shares their phone number as a consumer with the Château, they are informed that they have the right to register on the opposition list for telemarketing under Article L.223-2 of the Consumer Code.
The free “Bloctel” service is available at the following institutional site: https://www.bloctel.gouv.fr

Article 14: Applicable Law and Jurisdiction
These GTC are governed and interpreted in accordance with French law.
In the event of complaints or disputes, the Château will make every effort to find an amicable solution with the Client. In the absence of an amicable agreement, difficulties arising from the execution of a Service Order or the interpretation of these GTC, and more generally from any agreements concluded between the Parties, will be subject to:

  • For a consumer Client who is a natural person, the court of their domicile at the time of the claim or at the time of the contract conclusion, or the court where the harmful event occurred;
  • For a non-consumer, the competent court in Bordeaux (33).

Last update 24th June 2024