En français: Conditions générales
The company GASCOGNE VINS (GRANDS-CRUS.NET) offers services relating to the discovery and purchase of selected wines.
GASCOGNE VINS (GRANDS-CRUS.NET) operates the Site from which it mainly offers its Customers the sale of fine and renowned wines, which it purchases as futures (Primeurs), deliverables (own stocks), or are available via a brokerage platform of wines.
Access and use of these Services are governed by these General Conditions. Visitors, Subscribers and Customers have the option of saving and printing them.
Within the framework of these general conditions of sale and use (hereinafter “the General Conditions” or “GC”), including its article 1 (Preamble), the terms starting with a capital letter, whether used in the singular or in the plural depending on the context of their employment, will have the following meaning:
2.1. “Client (s)”: refers to any Subscriber, aged at least 18, placing an Order on the Site, for his personal needs or on behalf of a third party, under the terms and conditions of these Terms and Conditions.
The Customer is necessarily, within the meaning of the Consumer Code:
- A consumer: any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity or
- A professional: any legal person who acts for professional purposes
In the event that the Customer wishes to provide a third party with all or part of the products and services of the company GASCOGNE VINS (GRANDS-CRUS.NET), he declares and guarantees that said third party is of legal age and is in good stead with regard to with regard to the company GASCOGNE VINS (GRANDS-CRUS.NET) for compliance by said third party with the obligations under these GC.
2.2. “Order”: refers to the order (s) of Product (s) or Subscription (s), including through a gift card, placed by the Customer with the company GASCOGNE VINS (GRANDS-CRUS.NET) on the Site and in accordance with the terms set out in these GC.
2.3. “Personal Account”: refers to the account created by the Subscriber on the Site and accessible by the latter using his personal username and password.
2.4. “Personal Data”: refers to the personal data allowing the direct or indirect identification of the Visitor, the Member and / or the Customer when registering on the Site and creating his Personal Account (eg: surname, first name, email address, postal address, username, IP address, etc.).
2.5. “Registered”: refers to any person who has created a Personal Account on the grands-crus.net Site.
2.6. “Producer (s)”: refers to the producers of wines selected by the company GASCOGNE VINS (GRANDS-CRUS.NET).
2.7. “Product”: refers to the bottles of wine selected by the company GASCOGNE VINS (GRANDS-CRUS.NET).
2.8. “Services”: refers to all the services offered by the company GASCOGNE VINS (GRANDS-CRUS.NET) to Clients on the Site, in addition to the sale of the Products.
2.9. “Site”: refers to the website accessible at the URL address https://grands-crus.net.
2.10. “Visitor (s)”: any person browsing the grands-crus.net Site.
3. Purpose of the General Conditions
The purpose of these General Conditions is to define the terms and conditions under which the company GASCOGNE VINS (GRANDS-CRUS.NET) makes its Site available to Visitors, Members and Customers and offers its Products and Services detailed below.
4. Acceptance of these General Conditions
These General Conditions apply to all Visitors, Members and / or Customers of the Site.
Access and use of the Site entails the acceptance of the Visitor, the Subscriber and / or the Customer to these General Conditions. Confirming the placing of an Order on the Site, by clicking on the “confirm my order” button, after having checked the box ” I have read and agree to the website terms and conditions” constitutes full acceptance of these General Conditions. If you do not agree with the clauses set out below, you are advised not to use the Site and / or not to place an Order.
The applicable General Conditions are those in force on the day of the visit to the Site, the taking out of a Subscription and / or the placing of an Order.
These General Conditions may be modified by the company GASCOGNE VINS (GRANDS CRUS.NET). In this case, the company GASCOGNE VINS (GRANDS-CRUS.NET) will inform the Customers and the new General Conditions will be applicable only to Orders made after the modification, or within the framework of Monthly Subscriptions, from the following month after the modification.
Failure to agree with the modified General Conditions, you are advised to refrain from continuing to use the services of the Site.
Otherwise, the modifications made to the General Conditions will be deemed to have been accepted.
5. Sales and Personal Services
The company GASCOGNE VINS (GRANDS-CRUS.NET) reserves the right to refuse or cancel any Order and / or Subscription from a Customer who doesn’t comply with these General Conditions.
6. Access and Use of the Site
6.1. The company GASCOGNE VINS (GRANDS-CRUS.NET) strives to keep the Site accessible without being bound by any obligation to do so. Access to the Site may be interrupted for maintenance, updating, or for any other technical reason.
6.2. Before placing any Order, the Visitor must create a Personal Account on the Website and fill in the information requested of him, in particular his Personal Data. As soon as their Personal Account is created, the Subscriber receives a confirmation email from the latter. Only one Personal Account will be accepted per person (same name, same first name, same e-mail address).
6.3. The Subscriber guarantees the accuracy, sincerity and reliability of the information provided, particularly his Personal Data. The Subscriber provides in particular a single valid and functional e-mail address, which will be a means of communication between him and the company GASCOGNE VINS (GRANDS-CRUS.NET), as well as a valid postal delivery address. It is therefore the responsibility of the Subscriber to modify at any time and as soon as possible any change of contact details via his Personal Account accessible on the Website in the “My account” section.
6.4. The company GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible for the lack of diligence of the Subscriber when subscribing, modifying and updating their Personal Data, and as a result of incorrect contact details, with their consequences on the delivery of Orders.
6.5. The company GASCOGNE VINS (GRANDS-CRUS.NET) may at any time verify the conformity of the information provided by the Customer and, where applicable, if this information appears to it to be incorrect and / or misleading, may request the communication of additional information or rectified. In the event of incorrect or seemingly misleading information, the company GASCOGNE VINS (GRANDS-CRUS.NET) reserves the right to (i) suspend or terminate any contractual relationship with the Customer (ii) and / or suspend access of the Subscriber to his Personal Account.
6.6. The Subscriber has access to his Personal Account using a username and password that he himself creates when creating his Personal Account. The Subscriber is solely responsible for the use of these identification elements, he is required to keep them secret.
6.7. GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible for the loss or theft of these identification elements. The elements can be modified only on the initiative of the Subscriber or of the company GASCOGNE VINS (GRANDS-CRUS.NET) in the event of forgetting the password by the Subscriber, on written request. The company GASCOGNE VINS (GRANDS-CRUS.NET) is not responsible for the disclosure of these elements to third parties, nor for the consequences of the disclosure.
7. How Subscriptions Work
7.1. Description of Services
The company GASCOGNE VINS (GRANDS-CRUS.NET) offers Visitors to create a Personal Account on the Site in order to benefit from the following Services:
- Receive an email newsletter dealing with wine news and may present promotional offers for the sale of wine or the purchase of a Subscription
- Access to the online store of the company GASCOGNE VINS (GRANDS-CRUS.NET) allowing you to order wines discovered through the GRANDS-CRUS.NET Site
7.2. The company GASCOGNE VINS (GRANDS-CRUS.NET) also expressly reserves the right to study on a case-by-case basis and to accept or refuse any subscription to a Subscription for which deliveries must take place outside the European Union, in particular with regard to the special rules and conditions applicable in the country concerned, which the Customer expressly recognizes and accepts. The company GASCOGNE VINS (GRANDS-CRUS.NET) will inform the Customer as soon as possible and, if applicable, will reimburse him for the price already paid and withdrawn.
8. Wine Orders and Accessories
The company GASCOGNE VINS (GRANDS-CRUS.NET) offers Customers and Subscribers the possibility of placing an Order through the Site and acquiring the selected wines and accessories, within the limit of available stocks and in compliance with these General Conditions.
Any Order will only be taken into account after receipt of full payment from the Customer. Any Order will result in an Order confirmation sent by the company GASCOGNE VINS (GRANDS-CRUS.NET) to the e-mail address that the Customer provided when registering on the Site.
When placing an Order, it is the Customer’s responsibility to verify that the information relating to the Order conforms to his choices (Personal Data, delivery method, possible options, place of delivery and / or invoicing of the products, etc.).
The company GASCOGNE VINS (GRANDS-CRUS.NET) reserves the right to refuse any non-compliant or doubtful Order, as well as any Order from a Customer who has not fully settled a previous Order or with whom any dispute is pending.
In case of refusal of the Order in this context, the company GASCOGNE VINS (GRANDS CRUS.NET) will inform the Customer as soon as possible and will reimburse him for the price paid and withdrawn.
9. Order Limitation
In consideration of the rare or speculative nature of certain Products offered on the Site and in order to allow as many people as possible to benefit from the Products offered by the company GASCOGNE VINS (GRANDS-CRUS.NET), specific restrictions on the quantities available at the Purchase / Order / Subscription can be applied. In this case, the available quantity of Products is understood to be limited by Customer (same name, same address, same account holder).
The company GASCOGNE VINS (GRANDS-CRUS.NET) may indicate on the Site the application of specific restrictions and reserve the right to refuse an Order in the event of doubt about the existence of a previous Order placed for the same Product and / or a previous Subscription already taken out by the same Customer.
10. Availability of Products
Product offers are valid as long as they are visible on the Site and are subject to the limit of available stocks.
In the event of definitive unavailability of one or more Products ordered, the company GASCOGNE VINS (GRANDS-CRUS.NET) undertakes to inform the Customer as soon as possible.
The Customer may then, at his option, request: (i) the replacement of the unavailable product (s) by one or more products of equivalent quality and price, or (ii) obtaining a credit note from the company GASCOGNE VINS (GRANDS-CRUS.NET) corresponding to the amount of the order, or (iii) the reimbursement of the amount debited from its account, this reimbursement occurring within sixty (60) days of receipt of the refund request.
For the purposes of the previous paragraph, the assessment of equivalent quality remains the sole responsibility of the company GASCOGNE VINS (GRANDS-CRUS.NET).
The prices indicated are in Euro. If a price were to appear in another currency, this amount would only be indicative. The prices of the various costs are those indicated during the Order (shipping costs, packaging costs, etc.).
The prices of the Products ordered through the Site are those indicated on the sheet of each Product. These prices exclude all taxes and excluding transport costs (shipping costs and taxes are indicated separately and added to the amount of the order in the basket of the Customer). The total price of the Order is that indicated during the validation of the Order by the Customer, before the “second click” of confirmation, in accordance with the regulations in force.
Deliveries outside of France for any Order placed on the Site may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes linked to the delivery of the Products are the responsibility and the sole responsibility of the Customers. GASCOGNE VINS (GRANDS CRUS.NET) is not required to check and inform Customers of customs duties and applicable taxes. To find out about them, the company GASCOGNE VINS (GRANDS-CRUS.NET) advises Customers to get information from the competent authorities in their countries.
12. Terms of Payment and Security
An invoice may be issued at the express request of the customer by the company GASCOGNE VINS (GRANDS-CRUS.NET).
For any Order placed, payment is made in full at the time of the Order, by credit card or wire transfer. Once the Order has been validated and the price debited, an invoice is created by the company GASCOGNE VINS (GRANDS-CRUS.NET) and is available on the Customer’s Personal Account.
In order to optimize the security of transactions, any payment made by credit card on the GRANDS CRUS Site is made via the secure online payment system called Stripe which makes it possible to encrypt all data relating to orders (including names, addresses and credit card numbers) so that the information communicated is protected during transmission.
13. Shipping and Delivery
The delivery times applicable in the context of Product Orders placed through the Site are those indicated during the Order, before validation thereof.
These deadlines are likely to vary in particular according to the place of delivery, the chosen delivery method, the quantity of Products ordered and their availability. The delivery times announced at the time of the Order are indicated in working days and subject to validation of the Order.
Some products are usually available for delivery within seven (7) working days (Monday to Friday). Some products are usually available for delivery within fifty (50) working days (Monday to Friday). The “en primeurs” wines are available up to two (2) years from order, depending on the producers’ choices and policy. The company GASCOGNE VINS (GRANDS-CRUS.NET) will regularly inform the Customer of “en primeurs” about the delays, as originally transmitted by the producer.
Please note that in accordance to paragraph 7 of the Article L.221-28 of the French Code of Commerce, the Right of Withdrawal is not applicable for the supply of alcoholic beverages the delivery of which is deferred beyond thirty days.
The Products are delivered by the company GASCOGNE VINS (GRANDS-CRUS.NET) according to the formula chosen by the Customer when registering and / or placing their order, to the delivery address indicated by the Customer or in a Relai point the Customer has chosen.
If all or part of the addresses or information necessary for delivery provided by the Customer, during the Order, prove to be incorrect, forcing the company GASCOGNE VINS (GRANDS CRUS.NET) to return the Order, it will be up to the Customer to bear the costs and consequences.
14.1. Product Compliance
The Customer is required to carefully check the condition and conformity of the Products delivered upon delivery. He can then (i) either accept the Order if it seems to him to be compliant, (ii) or refuse the Order if it is clearly non-compliant (stained or broken bottles) by respecting the procedure provided for in Article 15.3 of the present.
14.2. Refusal of the Order
In the event of refusal of an Order by the Customer at the time of delivery or return due to an alteration in the quality of the Product (s) observed at the tasting, it will be up to the Customer to inform GASCOGNE VINS (GRANDS-CRUS.NET) by post or by e-mail to the following addresses:
GASCOGNE VINS, RETOURS, Caumont 32130 Cazaux-Savès FRANCE
In any event, the Customer must take care to clearly indicate in the letter or e-mail, all the information requested as well as the precise reasons justifying the return or refusal of the Order: Alteration, breaking, leakage, damage.
Note that the company GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible nor accountable for any delay or timing related to delivery.
The company GASCOGNE VINS (GRANDS-CRUS.NET) will offer, at the Customer’s choice, the replacement of the Product (s) by a new delivery to the Customer. In the event that the replacement of the Product (s) would prove impossible, the company GASCOGNE VINS (GRANDS-CRUS.NET) may then offer the Customer the reimbursement of the amount of the Order (amount of the monthly subscription over a period of one month or amount of the Order, in proportion to the refused Products, and including, where applicable, the return costs incurred by the Customer on proof).
The Customer may always exercise, mutatis mutandis, the guarantee of conformity (L.217 and following of the Consumer Code) and the guarantee against hidden defects (Articles 1641 and following of the Civil Code), on condition of being able to provide proof that the lack of conformity and / or the hidden defect appeared after delivery of the Product.
15. Right of Withdrawal
15.1. In accordance with the provisions of Articles L.221-18 et seq. of the Consumer Code of France, the individual Customer (and not a professional Customer or Company) has a right of withdrawal which allows him to disengage without reason, within (14) days of receipt of the or the first Product (s) ordered. But in accordance to paragraph 7 of the Article L.221-28 of the French Code of Commerce, as well as of Article 16 paragrph (g) of the European Directive 2011/83 UE, the Right of Withdrawal is not applicable for the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional (the Company).
15.2. The direct costs of returning the goods in good condition (unopened and undamaged bottle (s), including the label and case) will be borne by the Customer.
15.3. To exercise his right of withdrawal, the Customer must notify his decision on plain paper confirming his Order of these General Conditions, and send it by simple letter to:
GASCOGNE VINS, GRANDS-CRUS.NET, Customer Service, 52 cours Alsace-Lorraine 33000 Bordeaux FRANCE
or by email to:
Please note that in accordance with the Article L121-16-1 of the French Code of Commerce, the Right of Withdrawal is not applicable under normal conditions to professional Customers, which include companies, merchants, organizations, brokers, agents, etc.
16. Personal Data
17. Intellectual Property
17.1. [intentionally left blank provisionally]
17.2. All of the content, in whole or in part, which appears or is available on the Site (including in particular without this list being exhaustive: data, information, texts, illustrations, logos, brands, infographics, photographs, videos, software and computer programs, databases, etc.), and more generally all or part of the Site itself, are protected by copyright and other intellectual property rights for France and the whole world.
17.3. These General Conditions do not involve the transfer of any of these intellectual property rights for the benefit of Customers and / or Visitors and / or Members. Consequently, the latter formally refrain from reproducing and / or using all or part of the content that appears or is available on the Site and all or part of the Site itself. Customers, Subscribers and Visitors are also prohibited from copying, modifying, altering, translating, reproducing, disseminating, selling, publishing, exploiting or disseminating in any way and in any form or medium whatsoever said elements.
17.4. In particular, access to the tasting videos posted on the Site is exclusively reserved for Customers, Visitors or Registrants for private viewing and not for commercial purposes. No use of these videos can be made without the prior written consent of the company GASCOGNE VINS (GRANDS-CRUS.NET) (firstname.lastname@example.org)
17.5. Failure to comply with any of the provisions of this article 17 exposes its author (Visitor, Subscriber, Customer and / or any third party) to prosecution and incurs the criminal and civil liability of its author, in particular on the basis of the trademark and copyright infringement.
18. Links, Third-party Websites and Partners
18.1. The company GASCOGNE VINS (GRANDS-CRUS.NET) can under no circumstances be held responsible for the technical availability of websites operated by third parties (including its partners) to which the Visitor / Subscriber / Customer accesses via the intermediary of the Site.
18.3. The company GASCOGNE VINS (GRANDS-CRUS.NET) is also not responsible for transactions between the Visitor / Subscriber / Customer and any advertiser, professional or merchant (including its partners), to whom the Visitor / Subscriber / Customer of the Site would be directed through the Site and can in no case be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and / or services, guarantees, declarations and any other obligations to which they are bound.
18.4. In addition, the Site may contain hypertext links as well as advertising, promotional, commercial or sponsorship visuals to the websites of third party resellers or independent service providers. GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible for the content of said third-party websites, nor does it guarantee its accuracy, validity, quality or integrity, in particular in the context of transactions carried out directly between the Visitor / Subscriber / Customer and a third-party reseller or independent service provider.
19. Liability and Force Majeure
The company GASCOGNE VINS (GRANDS-CRUS.NET) guarantees the Customer the proper execution of the Order placed by the Customer.
However, the company GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible:
- In the event of non-compliance by the Client with the terms of these GTC
- For any indirect or / and immaterial damage, including in particular bodily injury suffered as a result of the Order, the use of the Products or even the loss of reputation likely to occur during the use of all or part of the Products
The company GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible for any malfunction of any kind relating to the computer equipment of the Visitor / Subscriber / Customer as well as his Internet access connection, when access to the Site.
Furthermore, the Subscriber is solely responsible for the consequences of any damage suffered as a result of the use by a third party of his username and password to access his Personal Account, his e-mail address or his code (s). (s) confidential (s), and the communication of any information that it has made accessible.
In this context, the Visitor / Registered / Customer guarantees the company GASCOGNE VINS (GRANDS-CRUS.NET) against any action, recourse or claim relating to all of the aforementioned elements and, in particular but without limitation, those which would implicate the use of the Subscriptions offered on the Site, as well as the use that could be made of the Products.
The company GASCOGNE VINS (GRANDS-CRUS.NET) cannot be held responsible for the non-performance of the contract in the event of the occurrence of an event of force majeure, as defined by article 1240 of the Civil Code.
20. Applicable Law – Settlement of Disputes
20.1. These General Conditions are subject to French law.
20.2. In the event of a dispute that may arise in connection with these General Conditions, their interpretation and their consequences or with the acts supplementing or modifying them, the parties will always endeavor to find an amicable solution before bringing the case before the courts. To do this, the Customer is informed that the customer service of the company GASCOGNE VINS (GRANDS-CRUS.NET) can be contacted at the following contact details:
GASCOGNE VINS, GRANDS-CRUS.NET, Customer Service, 52 cours Alsace-Lorraine 33000 Bordeaux FRANCE
20.3. If the customer service of the company GASCOGNE VINS (GRANDS-CRUS.NET) does not give him complete satisfaction, the Customer will have the option to submit his complaint on the online dispute resolution platform, facilitating the independent settlement by extrajudicial way of online disputes between consumers and professionals in the European Union and accessible at the following URL address:
20.4. In the absence of an amicable resolution, the Customer and / or GASCOGNE VINS (GRANDS-CRUS.NET) may bring his complaint before the competent French courts.
Date: August 11, 2020