Terms and Conditions

These General Terms and Conditions of Sale have been drawn up to formalize our respect for the customer and commercial transactions. I stand as guarantor for this respect and undertake to ensure that these terms and conditions are complied with.
I. LEGAL INFORMATION
Company name: SC des Vignobles Marengo
Registered offices: BP 89, 33250 Pauillac
Trade and Companies Register N°: 323 222 315 BORDEAUX
Legal representative: Michel Marengo
II. APPLICATION OF THESE GENERAL TERMS AND CONDITIONS OF SALE
These terms and conditions shall apply to the sale of products by SC des Vignobles Marengo from its shop accessible on the Internet. They shall be automatically made available to the purchaser on the pages of the SC des Vignobles Marengo website. The purchaser has only to click on “General Terms and Conditions of Sale” (hereinafter referred to as GTCS) to view the terms and conditions relating to his order, even before he has begun the order process. Consequently, the fact of placing an order shall imply full and unconditional acceptance of these GTCS by the purchaser, to the exclusion of all other documents such as flyers or catalogues issued by the vendor which are only indicative in nature. The failure of the vendor to enforce any of the provisions of these GTCS at a given moment may not be construed as a waiver of the right to enforce any of the said terms and conditions at a later date.
III. PRICE
Indication: prices are given in Euros, inclusive of tax and exclusive of shipping costs. (Subject to typographical and display errors).
Invoicing: invoicing: an itemised invoice is available on request. Invoices will be issued in Euros (€). All bank payments shall be made in Euros.
IV. MINIMUM QUANTITY
Certain listed products are subject to a minimum order. This particular condition shall be clearly specified on the website for each of the items concerned.
V. SHIPPING CHARGES
Principles for calculation of shipping costs: shipping costs vary depending on the number of bottles. However, we offer free shipping for all orders of 60 bottles and more (assortment possible).
VI. DELIVERY METHOD AND DEADLINES
Deliveries shall be effected by a carrier to the address provided by the customer when the order was placed (or via notification of availability in the absence of the customer).
Delivery deadlines shall commence from the verification of customer data by SC des Vignobles Marengo and from receipt of payment or bank authorisation (debit/credit card online). Delivery deadlines shall not apply to the sale of primeur wines.
France (normal postage service): D + 10 days maximum
In any event, delivery must be effected within a maximum period of thirty (30) days following placement of the order. If delivery cannot be effected within this period, the consumer will be informed as soon as possible and may cancel his order. He may then request a replacement product or a refund.
VII. PAYMENT
Terms and Conditions of Payment
1 – General Conditions
The price for ordered items shall be payable in full to SC des Vignobles Marengo, following the issue of your purchase order on the website, using one of the following payment methods: by debit/credit card with secure online payment, by cheque, by bank transfer or postal order.
2 – Primeur wines
An order for primeur wines shall require the payment, at the time of ordering, of a part payment of the amount indicated on the website. Following receipt of the payment, we will send you a pro forma invoice without VAT and marked paid, which shall act as a reservation certificate, on the understanding that the transfer of ownership of the wines shall only take place after payment of the final invoice. When the wines are made available/delivered, perhaps 1 or 2 years after the order, we will notify you by post, provided that you have given us your latest contact details, that they are available and of the balance remaining to be paid by you (VAT, excise duties and shipping costs). You will then have a maximum period of 2 months to make the payment and give us precise instructions for delivery. In the last resort, you will be sent a last reminder by post, summarising the taxes, shipping costs (if applicable) and any storage fees to be paid in order to release your order. You will then have an 8 day period to reply to us. After this period, the sale will be automatically cancelled and SC des Vignobles Marengo will be free to dispose of the wines elsewhere. Your customer account will then be credited with the payment for your order, after a 20% deduction from the initial amount as compensation for costs incurred by SC des Vignobles Marengo and this sum will be made available to you for a period of ten years. On receipt of your payment, we will dispatch the wines to you along with the final invoice showing the VAT amount at the rate in force (currently 19.6%), excise duties, and any other costs related to the transportation and provision of your wine.
Methods of payment
1 - Internet: secure payment by debit/credit card
We have set up a system for secure online payment by debit/credit card. This system uses information encryption technology, the benchmark system for secure payment, via Paypal. Please note: only debit/credit cards displaying the acronyms CB, VISA, EUROCARD, MASTERCARD, or AMERICAN EXPRESS are accepted.
2 – By post: payment by cheque in Euros
a) On the “My order” page, choose the method of payment by cheque.
b) Make out your cheque to SC des Vignobles Marengo and send it to the address of our registered offices: BP 89, 33250 Pauillac - FRANCE.
c) When you reach the "Confirmation of order", page, please print the page and attach your payment.
3 – Bank transfer
a) In “My order” choose the method of payment by bank transfer
b) Complete a bank transfer for the order amount in Euros (¤) to one of our bank accounts:
Bank name: Caisse d’Epargne - Bank code: 1335 - Sort code: 00301 - Account number: 08000650431 - RIB key: 40 - BIC/SWIFT - code: CEPAFRPP333 - IBAN: FR76 1333 5003 0108 0006 5043 140
VIII. TRANSPORTATION AND LIABILITY
The goods travel at your own expense and risk. It shall therefore be your responsibility to check the content of the parcels at the time of delivery and to express reservations where applicable, in the following manner: on the delivery slip provided by the carrier. And, in all cases, by informing the company SC des Vignobles Marengo by registered letter with acknowledgement of receipt sent to its registered offices (BP 89, 33250 Pauillac - FRANCE) within three (3) days of receipt of the package. In the case of damage or breakage during the preparation of the order or delivery, SC des Vignobles Marengo will do everything necessary to redeliver your order, or if not will refund you the sum paid on ordering. Your account will be recredited and SC des Vignobles Marengo’s account redebited as a consequence. YOU WILL BE INFORMED BY OUR CUSTOMER SERVICE DEPARTMENT.
IX. RETURN OF THE PRODUCT
Your rights
Pursuant to article L. 121-16 of the French Consumer Code, you have the option to return the product to the address of our registered offices indicated in article 1, within a period of seven (7) days from the delivery and at your own expense, in good condition and in its original packaging with the original invoice, for exchange or refund of an amount corresponding to the value of the returned product and the initial shipping charges.
In the case of primeur wines, you will have seven clear days from the receipt of your pro-forma invoice to request a modification to your order or a cancellation and refund. After this period has expired the order will be considered as final.
Payment of return costs
SC des Vignobles Marengo will only pay for the cost of returns (at the current basic rate) if one of the following conditions is met: the delivery proves to be non-compliant with the order, or you have expressed reservations to the carrier (see article 9: transportation and liability). In this case, please contact our customer services department whose contact details appear in article 14, for the choice of carrier.
X. RETENTION OF TITLE
Until full and effective payment has been received, SC des Vignobles Marengo shall remain as owner of the sold goods. Payment in full shall constitute transfer of title; however the purchaser shall become responsible for the items on delivery, as transfer of possession constitutes transfer of risks.
XI. TERMINATION OF THE CONTRACT
Should the customer fail to pay by the agreed date, and one month after formal notice has remained unheeded, the sale shall be automatically cancelled if the vendor sees fit, with reimbursement of part payments paid by the purchaser, and the option for the vendor to request the surrender of goods already delivered where applicable by means of an interim injunction, without prejudice to any other claims for damages and interests. In the event of a recovery through litigation, a fixed compensation payment of 15% of the order amount will be payable.
XII. CONFIDENTIALITY OF DATA
Right of access and correction
In order to meet your requirements and provide an optimal distance service, we need to record some of your information (surname, first name, address). You may receive offers from SC des Vignobles Marengo regarding their products, by telephone, letter or email. If you do not wish this to happen, please write to our Customer Service Department providing your surname, first name and address. Pursuant to the French Data Protection Act of 6th January 1978, you have the right to access and correct recorded personal data. You can also have it corrected by contacting our Customer Service Department.
Bank information
In addition, no bank information which you send us during an online purchase will be either stored or visible on the Internet. No-one can intercept the information you send. Via its secure system which is compatible with SSL standards, SC des Vignobles Marengo guarantees the confidentiality of your data. Information related to your order will undergo automated data processing for which Paypal is responsible. The aim of this automated data processing is to define a level of analysis for a transaction and to combat credit card fraud. Paypal and the merchant you are purchasing from are the recipients of the data related to your order. Non-transmission of data related to your order prevents the completion and analysis of your transaction. Should a payment failure result from the fraudulent use of a debit/credit card the details related to your order associated with this non-payment shall be recorded in a payment incident file implemented by Paypal. An incorrect declaration or an error may also be subject to specific processing. Pursuant to the French Data Protection Act of 6th January 1978, you have the right at any time to access, correct and object to any of your personal data by writing to Paypal by post, providing proof of your identity.
XIII. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION Should any difficulties occur in the application of these General Terms and Conditions of Sale, we invite you to seek an amicable solution by contacting our Customer Service Department.
Customer Service Department:
SC des Vignobles Marengo, BP 89, 33250 Pauillac - FRANCE
From Monday to Thursday: between 9 am and 5 pm - On Fridays between 9 am and 12 pm.
Telephone: +33 5 56 59 56 92 - Fax: +33 5 56 59 52 77 - Email: contact@hourtin-ducasse.com
Should negotiations fail, the following provisions shall apply:
Contract agreed by a French consumer from within France: this contract shall be subject to French law. Any dispute occurring in connection with the execution or interpretation of this contract shall be brought before the jurisdiction in the place of domicile of the defendant or the place of delivery.
Contract agreed by a consumer placing an order from another European Union country: this contract shall be subject to French law. Any dispute arising in connection with the execution or interpretation of this contract shall be brought before the competent jurisdictions by virtue of the Directives and Regulations of the European Union (notably the Brussels Convention of 27th September 1968).
XIV. PROTECTION OF MINORS
Pursuant to article L. 3342-1 of the French Public Health Code which stipulates that the sale of alcohol to minors under eighteen (18) years of age is prohibited, you confirm, on filling in the order form, that you are over eighteen (18) on the date of the order by ticking the relevant box.
XV. ORDER TRACKING
If you wish to know the status of your order (under preparation, dispatched etc.), our Customer Service Department is available to provide you with information.
Customer Service Department: SC des Vignobles Marengo, BP 89, 33250 Pauillac - FRANCE
From Monday to Thursday: between 9 am and 5 pm - On Fridays between 9 am and 12 pm.
Telephone +33 5 56 59 56 92 - Fax: +33 5 56 59 52 77 - Email: contact@hourtin-ducasse.com

 

Minors

In accordance with order n°59-107 from January 7th, 1959 and law n°74-631 from July 5th, 1974, it is strictly forbidden to sell alcohol to minors under the age of 16.  All customers who order wine from the Chateau Hourtin-Ducasse website guarantee that they are at least 16 years old at the time of their purchase.

Alcohol Abuse

Alcohol abuse is dangerous for your health.  Be sure to appreciate it for its refined qualities and to consume it with moderation.  Drinking while pregnant, even if in small amounts, could have grave consequences on the unborn child.

Contains sulfites

Privacy Policy

The information obtained through our registration form is used for the purpose of State Reason. The recipients of this information are:  S.C. of Marengo Father & Sons Vineyards.  In accordance with the “Information Technology & Privacy” law from January 6th, 1978, you have the right to access and make changes to your personal information we have on file.  If you wish to exercise this right and obtain your personal information, please contact the operation manager of this website.  You may also, for legitimate reasons, request that your information not be used for data gathering.

Editor

Michel Marengo
S.C. des vignobles Marengo père & fils
B.P. 89 - Pauillac FRANCE
tél : +33 (0)5 56 59 56 92
R.C.S. Bordeaux D 323 222 315
T.V.A. FR 55 323 222 315

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