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Terms and Conditions of Sale

1. GENERAL

These Terms and Conditions of Sale (the “Terms and Conditions”) define the agreement (the “Agreement”) between the customer (the “Customer”) and VIVANT Wines SAS or Vivant INC, (the “Sellers”), with offices located at 15 rue Marey Monge, 21630 Pommard, France.

The Terms and Conditions apply, without restriction or reservation to the acquisition of all products or services  (“Orders”) placed onsite, by telephone, online at chateaudepomard.com (the “Site”) or by other means directly with the Sellers by individual consumers and non-professionals. Placing an order implies unreserved acceptance by the Customer of the Terms and Conditions of Sale which prevail over all other general or specific conditions not expressly authorized by the Sellers. The Sellers reserve the right to adapt or amend the Terms and Conditions at any time. In the event of amendment, only the Agreement in force on the day of the order will be applied.

2. PRICES

Prices are pre-set in Euros (€). The currency is subject to change according to shipping destination. Any change in prices will be reflected on the Site. Prices do not include insurance, delivery fees or VAT where these may apply. Delivery fees are calculated separately and included in the final invoice. Delivery charges quoted may only be an estimate of the final delivery fees. 

Product(s) and services(s) sold under this Agreement will be the Customer’s property only after complete payment by the latter.  In the case of deferred payment, the product(s) will remain the property of the Sellers until complete payment has been made in accordance with the contractual conditions herein, even in the event of insolvency proceedings against the Customer, in accordance with articles L.621-28 e et seq. of the French Commercial Code.

All offers and prices are valid subject to Customer allocation and availability.  In the event of a product or service being unavailable after the order has been placed, the Customer shall be informed by e-mail, by telephone, or by post.  The Sellers will offer the choice of a similar product or service at a similar price or the possibility of waiting until the product or service becomes available.  If these alternatives are not accepted by the Customer, then the order will be modified or cancelled. In the event of a valid canceled order, where payment has already been made, the Customer will be reimbursed within thirty (30) business days.

3. PAYMENTS

Payment in full must be made at the time of the order. Payment by the following methods are accepted:

  • Credit card: American Express, Visa or Mastercard

  • Checks drawn on French banks (maximum single order purchase of 500 euros)

  • Payment can be made by bank transfer to VIVANT Wines SAS for wine orders: CIC, IBAN FR76 1009 6185 8800 0302 7390 101, BIC CMCIFRPP

  • Payment can be made by bank transfer to VIVANT Inc. for Wine Experiences, Wine Education Classes and Hosted Events: CIC, IBAN FR76 1009 6185 8800 0683 2430 150, BIC CMCIFRPP

You may be asked to supply certain information relevant to your payment including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. For further information on how we manage your information please refer to our Privacy Policy on the Site.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

4. DEFAULT OF PAYMENT

The Sellers reserves the right to refuse to honor an order placed by a Customer who has not fully or only partially paid for an order or in the event of the Customer’s previous order not having paid in full or partially or where there is a settlement dispute pending.

5. ORDER CONFIRMATION

An order is considered confirmed with the full payment for the order is received. Order confirmations are sent via email to the customer address on file. It is the customer’s responsibility to provide a valid email address for order confirmation. Confirmation of an order implies full and unreserved acceptance of these Terms and Conditions on the part of the Customer, the recognition of having taken full knowledge thereof, in addition to relinquishment of his/her own purchase conditions or any condition not stated herein.

6. CANCELLATION POLICY

Once product(s) have been picked up by a customer or the service(s) delivered to the customer, the order is final and may not be canceled or returned. For product(s) orders placed online at the Site, in accordance with the legal provisions in force, the Customer has the right to cancel, without giving a reason or paying any penalty, within a period of fourteen (14) days from receipt of the items ordered.

Wine Experience and Hosted Event service(s) that have not yet been delivered to the customer, may be canceled up to 24 hours prior to delivery, at which point these service(s) may not be canceled and refunds will not be offered. 

For Ecole V service(s) the Customer has the right to cancel, without giving a reason or paying a penalty, within a period of fifteen (15) days from receipt of the items ordered. After this period, these service(s) may be transferred under the following circumstances:

  •  Within sixty (60) days before the start date of the course, the Customer has the right to transfer the course at no additional cost. 

  • Within fifty-nine (59) and thirty (30) days before the start date of the course, the Customer has the right to transfer the course for a deferral fee of one hundred (100) euros. 

Any transfer carried out after these dates will be considered as a cancellation and refunds will not be offered. The Seller(s) reserves the right to cancel a session if the minimum number of participants is not reached. In this case, the Customer will be notified, at minimum, 24 hours before the session and will have the choice to postpone the course or be refunded. 

Canceled service(s) will be refunded by a chosen means of payment within thirty (30) days of receiving the cancellation notice.  

In the case of cancellation within the specified period, only the price of the product(s) and or service(s) purchased will be reimbursed. With the exception of Ecole V courses, where the price of teaching material and shipment shall be borne by the Customer. All costs and expenses incurred in returning the product(s) shall be borne by the Customer.

Customers can cancel their order by filling out the ‘Contact Us’ online form. Product orders must be returned to VIVANT wines undamaged, in original condition, in their original packaging, including all accessories, no later than fourteen (14) days after the request to cancel, at the following address:

VIVANT WINES SAS, 6 rue Jean François Champollion, 21200, Beaune, France

The purchase price of the product(s) will be reimbursed by a chosen means of payment within fourteen (14) days of receiving and verifying the products by VIVANT wines.  In the absence of the return of the product(s) or proof of posting within the required period, VIVANT wines reserves the right to defer reimbursement until the product has been received by them. Incomplete or damaged articles will not be entitled to exchange or reimbursement.

7. DELIVERY

Orders are delivered by economy or express delivery exclusively to the shipping address information provided at the time of your order. The Sellers will do everything in their power to deliver within a reasonable timeframe, but cannot be responsible for delays out of the Sellers’ control. Standard Delivery is within five (5) working days from the Shipment Date, for small to medium parcels delivered in mainland France. For delivery outside of France: the delivery times will vary.

Any order delivered outside France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These taxes and possible customs duties related to the delivery of an item are your responsibility. We are not required to verify and inform you of applicable customs duties and taxes. For more information, we advise you to check with the competent authorities in your country.

For deliveries to the United States of America, the recipient must be over 21 years of age and an identity document will be requested upon delivery.

8. PRODUCT VERIFICATION

Upon delivery, the Customer must verify the product(s), and in case of damaged goods, refuse shipment and return the damaged goods to the Sellers at the address below. When the Customer accepts delivery from the shipping company, the delivery is accepted and product verified. In the case of a refused shipment, the Customer must note clear and precise issues on the transporter’s delivery manifest and forward a copy of the manifest including the reasons for refusing shipment to the Sellers within 48 hours via the ‘Contact Us’ online form

If a damaged parcel has been delivered and the Customer has signed the delivery note without amendment or reservation, then the product(s) is considered to have been accepted by the Customer, and the Sellers cannot be held responsible for any damage, nor be liable for any indemnity. The mention “subject to unpacking” has no legal or commercial value.

9. FAULTY WINE

Should the Customer find their wine to be faulty, the Customer must provide the Seller with both a photo of the bottle and the cork via the ‘Contact Us’ online form within 48 hours after the opening of the product(s). A refund or replacement of the goods will be carried out depending on the product(s) and/or location of the Customer. The Seller cannot be held responsible for any damage to the product caused during storage by the Customer. The Seller reserves the right to decline responsibility or offer a refund depending on the date of purchase and/or the product(s) in question.

10. RESPONSIBILITY

The Sellers are only bound to a ‘best effort’ undertaking.  They cannot be held responsible for damage resulting from incorrect use or other problems beyond the Sellers’ control, including explosion, flood, ice, tempest, fire or accident, war, threat of war, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; interruption or suspension of means of communication, embargoes; strikes, lock-outs or other industrial actions or trade disputes of a third party; difficulty in obtaining materials, labor or machinery; cessation of production or delivery and power failure or breakdown in machinery, etc.

11. RESOLUTIONS OF DISPUTES

The Conditions of Sale are subject to French law. The language in which the present contract has been recorded is French; all translation on the site is given for information purposes only. With the exception of persons for whom the competent courts shall be determined by the disposition of the Code of Civil Procedure, the Tribunal of Commerce of Dijon shall be the sole competent authority in the case of dispute. This jurisdiction shall also apply even in the case of a plurality of defendants or of recourse to guarantee.

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