General sales terms and conditions

These TCS apply, without restriction or reservation, to all sales made by DOMAINE HABRARD to non-professional buyers (the CUSTOMERS), wishing to purchase the products offered for sale on its Internet site http://www.domainehabrard.com or http://www.crozeshermitage.com. These TCS are accessible at all times on this Internet site and, if occasion arises, shall prevail over any other version or any other contradictory document. The act of confirming his/her order on the Internet site or by any other means of communication to DOMAINE HABRARD Customer Service constitutes full and complete acceptance by the CUSTOMER of these TCS in their entirety.
Unless otherwise proven, the data recorded by DOMAINE HABRARD constitutes as proof of all transactions.

The products presented on the Internet site www.domainehabrard.com or www.crozeshermitage.com are offered for sale in the following territories: Metropolitan France and Corsica, Belgium, the Netherlands, Luxembourg, Italy, Germany, Spain, Austria, Greece, Ireland, Finland, Sweden and Portugal.
The products offered are subject to stock availability. Information regarding product availability is provided directly online when the order is placed.

Orders

The CUSTOMER selects the products on the site that he/she wishes to order by adding them to the basket. The order must then be confirmed by the CUSTOMER. The sale will be considered final only after the CUSTOMER receives confirmation of the order's acceptance by DOMAINE HABRARD. A payment confirmation e-mail will be sent to the CUSTOMER simultaneously. Order acceptance is on condition that it is being paid for by the CUSTOMER and will not be final until the payment has been received in full.

The following numbers will put the CUSTOMER in touch with DOMAINE HABRARD (CUSTOMER Service) in French :
- By telephone +33 (0)9.63.52.68.74 to place or follow up on orders
- By fax: +33 (0)4 75 03 30 91
- By post to DOMAINE HABRARD at 7 route des Blancs 26600 GERVANS (FRANCE)
- By e-mail – commande@domainehabrard.com

Prices

Products are supplied and delivered at the prices in effect on the date of confirmation of order acceptance by CHEATEAUONLINE and as communicated to the CUSTOMER before the order is placed. The price indicated in the order confirmation by DOMAINE HABRARD is the final price. Prices of deliverable wines are given in Euros, before tax and all taxes included. They include shipping costs.

Offer validity

Products are offered for sale until stocks are exhausted. If the ordered wine is out of stock, DOMAINE HABRARD may offer the CUSTOMER a wine of equivalent quality and/or value. Similarly, if the products are damaged or destroyed during preparation of the order or shipping, and stocks run out subsequently, DOMAINE HABRARD reserves the right to offer the CUSTOMER a product of equivalent quality or value.

Payment conditions

Payment terms

The price is payable by using one of the payment methods outlined below and in full on the day the order is placed by the CUSTOMER, according to the terms and conditions specified in the section on Orders. DOMAINE HABRARD will not be required to deliver products ordered by the CUSTOMER if the price has not been paid in full in advance (price including all taxes).

Payment methods

Whatever payment method is chosen by the CUSTOMER, the order will not be considered paid for until the amounts owed to DOMAINE HABRARD have actually been collected. Payments are made in Euros (pounds sterling for UK) by credit card using a secure payment system (Credit Card, Visa, Mastercard, American Express, Cofinoga). Credit-card payments are debited when the order is placed. DOMAINE HABRARD use a secure online credit card payment system that relies on data encryption technology, state of the art in terms of secure online payment. When paying, CUSTOMERS will be asked to record their full name, credit-card number, expiration date and card security code (number on the back of the credit card) which are immediately encrypted in their computer before being sent over the Internet. By using this method confidential information does not circulate over the Internet without first being encrypted. In addition, the bank information communicated to DOMAINE HABRARD is not stored or visible on the Internet. No one can intercept this information. DOMAINE HABRARD guarantees the confidentiality of its CUSTOMERS' data.

Ownership retention clause

Should the CUSTOMER fail to pay all or part of the order price, DOMAINE HABRARD reserves the right, until payment is made in full, to retain ownership of the products sold, which enables DOMAINE HABRARD to regain possession of said products.

Order fulfilment

The order is filed when DOMAINE HABRARD has collected payment and received all information necessary to execute the contract (CUSTOMER's or recipient's complete information,…). The order will not be filled until DOMAINE HABRARD has received all required information. Should this occur, DOMAINE HABRARD may not be accused of a delay in delivery.

Delivery

If all or part of the delivery address is incorrect, obliging DOMAINE HABRARD to return the orders to its warehouse, the CUSTOMER bears all consequences (delayed delivery, any repercussions on shipping cost…).

Coordinates

CUSTOMERS are required to inform DOMAINE HABRARD of any change in their contact details : e-mail address; telephone; all information relating to the billing and/or delivery address, intercom, floor access codes, door number ...

Deliveries

DOMAINE HABRARD delivers to several European countries. The products purchased by the CUSTOMER are delivered within an average of Three (3) to six (6) business days after the order is placed. If the CUSTOMER orders several products having different delivery times, the applicable time is the longest delivery time. The products ordered will be delivered to the address indicated by the CUSTOMER when placing the order on the Internet site www.domainehabrard.com ou www.crozeshermitage.com www.DOMAINE HABRARD.com.
In accordance with the provisions of article L. 114-1 of the Consumer Code, the order summary specifies a delivery deadline. In the event of the delivery deadline being exceeded by more than seven (7) days, unjustifiable by a case of force majeure, the CUSTOMER may demand termination of the sale under the conditions established in article L. 114-1 of the Consumer Code and obtain reimbursement of the amounts paid at the time of sale. Except in special cases or if one or more products are unavailable, the products ordered will be delivered in one shipment. Deliveries are made by an independent carrier. . Delivery is considered to have been made when the products are handed over by the carrier to the CUSTOMER, as proven by the CUSTOMER's signature on the delivery slip. Only the CUSTOMER's signature proves a conform delivery.

Three (3) months after the expected date of delivery, DOMAINE HABRARD will assume that the delivery has been made, unless we receive a call or an e-mail from a customer informing us that they have not received their order. After this period of three (3) months, customers can no longer report undelivered orders

The CUSTOMER is required to check the condition and conformity of the products delivered at the time of delivery. The CUSTOMER may then either accept the order, if it appears as ordered, noting any reservations on the delivery slip, or refuse the order if the order is clearly not as ordered (stained or broken bottles, for example).. If the products delivered are not as ordered, DOMAINE HABRARD will bear the costs of returning and replacing the product as quickly as possible. If the product cannot be replaced, the CUSTOMER may return the product and receive a refund, or keep the product and be reimbursed part of the price. 

Transfer of ownership - Transfer of risk

Products travel at the risk and peril of DOMAINE HABRARD. Transfer of the risks of loss and deterioration of the products will occur when the CUSTOMER signs the delivery slip. Transfer of owernership of the DOMAINE HABRARD products to the CUSTOMER will occur only after the latter pays the price in full, regardless of the date of delivery of the products. 

Right of withdrawal (right of return)

According to law and without having to provide reasons or to pay penalties, the CUSTOMER has a withdrawal period of seven (7) days from delivery of the products to return them to DOMAINE HABRARD at the address of its registered office for exchange or reimbursement, on the condition that the products are returned in their original packaging and in perfect condition within eight (8) days from delivery. The amounts paid by the CUSTOMER, including delivery costs, will be fully reimbursed by bank transfer to the account indicated for that purpose by the CUSTOMER within a maximum of from one (1) to three (3) months following the exercise of the right of withdrawal. The expenses incurred by DOMAINE HABRARD for the return may however be charged to the CUSTOMER. The CUSTOMER may, if desired and at DOMAINE HABRARD's suggestion, opt for some other means of reimbursement (credit or gift voucher). 

Limitation of DOMAINE HABRARD's liability and warranty

In accordance with legal provisions, products delivered by DOMAINE HABRARD are covered by a warranty against any hidden defect deriving from a defect of materials, design or manufacture affecting the delivered products and making them unsuitable for use, for a period of two (2) years from discovery of the defect; any actions taken by DOMAINE HABRARD as part of this warranty may in no case have the effect of extending its duration. Any warranty is excluded in the event of improper use, storage, negligence or lack of maintenance on the CUSTOMER's part, or in the case of normal wear of the product or of force majeure. The warranty is likewise excluded if the CUSTOMER does not prove that he/she met the following conditions: that the wine was kept: in a cellar at a temperature between 10°C and 13°C (average of 13 degrees over the year), at a humidity of between 70% and 80%, sheltered from light and strange smells, bottles laid down). In order to exercise his/her rights, the CUSTOMER must, upon penalty of forfeiture of any related action, inform DOMAINE HABRARD in writing of the existence of defects within a maximum of two (2) years from discovery of the defect. DOMAINE HABRARD will replace the products under warranty and deemed defective or will return part of the price to the CUSTOMER who chooses to keep the product.
In order to enable DOMAINE HABRARD to appraise the wines itself, the CUSTOMER is asked to make them available to DOMAINE HABRARD. DOMAINE HABRARD will arrange to have them picked up at its expense.
Products sold on the Internet site www.domainehabrard.com and www.crozeshermitage.com comply with current French regulations. DOMAINE HABRARD may not be held liable in the event of non-compliance with the legislation of the country in which the products are delivered, which it is the CUSTOMER's responsibility to check. Photographs, illustrations, tasting or presentation recommendations accompanying the products on the Internet site www.domainehabrard.com and www.crozeshermitage.com have no contractual value and hence do not engage DOMAINE HABRARD's liability if errors are made in the above. The CUSTOMER is solely responsible for choosing, storing and using the products. DOMAINE HABRARD will not be considered liable or at fault for any delay or failure to fulfil following the occurrence of a case of force majeure customarily recognised by French jurisprudence.
DOMAINE HABRARD will not be considered liable or at fault for any delay or failure to fulfil following the occurrence of a case of force majeure customarily recognised by French jurisprudence.

Protection of people under 18 years old.

In accordance with article L. 3342-1 of the Public Health Code applicable to sites selling alcoholic beverages on the Internet, which states that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the CUSTOMER takes responsibility in certifying that he/she is of the required legal age by ticking the appropriate box on opening the Internet site www.domainehabrard.com et www.crozeshermitage.com and when submitting the order.

Information technology and freedoms

In application of law n. 78-17 of 6 January 1978, it is noted that the personal data requested of CUSTOMERS are required for the processing of their orders and are intended for internal use by DOMAINE HABRARD. CUSTOMERS have a right to access, change, correct and object to information concerning them, under the conditions provided by current laws and regulations which are specified in the Legal section accessible on the Internet site www.domainehabrard.com et www.crozeshermitage.com. For any contract for an amount greater than or equal to one hundred twenty (120) Euros, the information thus collected is kept for a period of ten (10) years from the date of delivery.

Disputes

The CUSTOMER and DOMAINE HABRARD will do everything possible to resolve amicably any disputes that may arise from application of these TCS. In the event of problems occurring in applying these TCS, we invite you to seek an amicable solution by contacting our Customer Service. Subsequently, in the case of the orders from CUSTOMERS who ordered from within France, all disputes to which the present contract may give rise concerning its validity, interpretation, execution, termination, and their consequences and aftermath will be subject to French law and to the Courts of the place of DOMAINE HABRARD's registered office.
In the case of the orders from CUSTOMERS who ordered from outside France, any dispute arising as part of the execution or interpretation of these TCS will be brought before the competent courts by virtue of the directives and regulations of the European Union. 

Contract language and applicable law

By express agreement between DOMAINE HABRARD and the CUSTOMER, these TCS are governed by and subject to the application of French law. For the sake of convenience, these TCS have been translated into English. In the event of a dispute, only the French text is authoritative. 

CUSTOMER's acceptance

For a natural or legal person, the act of ordering on the DOMAINE HABRARD Internet site carries with it full and complete acceptance and approval of these TCS, which is expressly acknowledged by the CUSTOMER, who in particular waives the right to invoke any contradictory document, which would be void and of no effect against DOMAINE HABRARD. The headings of each article are solely for ease of reading and may in no case be grounds for any interpretation or distortion of the clauses to which they refer.

BUSINESS CUSTOMERS

These DOMAINE HABRARD Terms and Conditions of Sale apply in full to sales made between DOMAINE HABRARD and the Business CUSTOMERS of its site accessible at the address www.domainehabrard.com et www.crozeshermitage.com taking into account the following special aspects. In the case of sales to businesses, an additional payment period may be granted by DOMAINE HABRARD, within legal limits; this period will be systematically shown on the quotation submitted for the Business CUSTOMER's prior acceptance.
A quotation is prepared in advance, valid for a period of thirty (30) days from the date of creation of the document. It will be returned by fax to the duly authorised Business CUSTOMER, who will have previously signed the quotation and preceded the signature with the words "Read and approved" and stamped it with the company seal. This order acceptance will constitute acceptance of the Terms and Conditions of Sale.
The order will be prepared only after the Business CUSTOMER has returned the signed quotation as described above (subject to communication by the Business CUSTOMER to DOMAINE HABRARD of all other information needed for preparing and shipping the order as set forth in these Terms and Conditions of Sale). In the case of sale to a business, late-payment penalties accrue beginning on the day following the payment due date appearing on the invoice if the amounts owed are paid after that date. The rate of these penalties is one-and-one-half (1.5) times the legal interest rate.