Article 1 – Purpose

The present Terms and Conditions of Sale set out the respective rights and obligations of SARL Coste-Caumartin, hereinafter referred to as “the Seller”, and its customers (any adult natural person or legal entity) placing orders for wine through the website costecaumartin.fr, hereinafter referred to as “the Buyer”.

These Terms and Conditions apply, without restriction or reservation, to all sales concluded by SARL Coste-Caumartin with customers and users of the website costecaumartin.fr. They govern, in particular, the ordering process, payment terms, delivery conditions and the handling of any returns relating to products ordered by Buyers. These Terms and Conditions are available throughout the website.

Before placing an order, and by ticking the corresponding acceptance box, the Buyer acknowledges having read and accepted these Terms and Conditions. Validation of an order on the website constitutes full, unconditional and irrevocable acceptance of these Terms and Conditions as well as the website’s Legal Notice. Consequently, the Buyer may not impose any conflicting conditions unless expressly agreed in writing by the Seller. Should any provision of these Terms and Conditions be declared invalid, such invalidity shall not affect the validity of the remaining provisions.

The Seller reserves the right to amend these Terms and Conditions at any time. Any revised version shall become effective from the date it is published on the website.

These Terms and Conditions apply solely to products sold on the website and delivered within mainland France, excluding Corsica.

Article 2 – Identification of the Seller

Products are sold exclusively by SARL Coste-Caumartin, located at:

2 Rue du Parc
21630 Pommard
France

Registered with the Dijon Trade and Companies Register (RCS Dijon) under SIRET number 403 621 121 00017, represented by Jérôme Sordet, acting in his capacity as Managing Director and duly authorised for the purposes hereof.

The Seller may be contacted by email using the contact form available on the website’s homepage or by post at the above address.

Article 3 – Products

These Terms and Conditions govern the sale of products offered for sale on the website costecaumartin.fr.

Products are described and presented in sufficient detail to enable the Buyer to understand their essential characteristics and price. However, product photographs are provided for illustrative purposes only and are not contractually binding.

The products offered for sale on costecaumartin.fr include:

• 75 cl bottles, sold in cases of 2, 3 or 6 bottles, either mixed or containing a single appellation, each case constituting one sales unit.
• 150 cl magnums, sold individually.

Unless otherwise stated on the relevant product page, products are supplied in cardboard packaging.

All products are offered subject to availability. Should a product become unavailable after an order has been placed, the Seller will contact the Buyer and offer one of the following options:

• replacement with another product;
• a credit note;
• cancellation of the order with a full refund.

Article 4 – Minors and Legal Capacity

In accordance with Article L.3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited.

By browsing this website, creating an account, placing an order or accepting these Terms and Conditions, the Buyer certifies that they are of legal age and possess full legal capacity.

Alcohol should be consumed responsibly and in moderation.

By way of exception to the provisions of Article 1587 of the French Civil Code, all sales are final and are concluded without prior tasting.

Article 5 – Ordering Procedure

To place an order, the Buyer must follow the steps below.

Product Selection

The Buyer may add products to a shopping cart. Once satisfied with the contents of the cart and having read and accepted these Terms and Conditions, the Buyer may click the “Confirm Order” button to proceed to the delivery options and payment stage.

Billing and Delivery Information

The Buyer must provide all information required for billing and delivery purposes.

The Buyer is solely responsible for the accuracy and completeness of the information provided. Any delay or additional costs resulting from inaccurate or incomplete delivery details shall be borne by the Buyer and may be invoiced by the Seller.

Delivery Method

The Buyer may choose between the two delivery options available (see Article 6).

Order Summary and Payment

Before confirming the order, the Buyer is presented with a complete summary including:

• the products ordered and their quantities;
• the total order value;
• any applicable discounts;
• delivery charges;
• the total amount including VAT and shipping costs;
• the billing and delivery addresses provided.

The Buyer then confirms the order and proceeds to payment by credit card.

Once payment has been successfully authorised, the order status changes to “Processing” and the Seller begins preparing the order.

Order Confirmation

The Seller confirms receipt of the order by sending a confirmation email.

An order shall not be considered final until:

• full payment has been received by the Seller; and
• the Buyer has received the Seller’s order confirmation email.

Should a product become unavailable, the Seller will contact the Buyer and offer one of the following options:

• replacement with another product;
• cancellation of the order with a full refund;
• issuance of a credit note.

The Seller also reserves the right to refuse any order placed by a Buyer with whom a dispute is currently pending.

Circumstances That May Delay Shipment

The Seller reserves the right to postpone shipment of an order:

• in the event of extreme weather conditions (heatwaves, severe cold, etc.), in order to ensure that the wines are transported under appropriate conditions, as wine is a temperature-sensitive product;
• during periods when the estate is closed, particularly during the summer holidays or the end-of-year festive period.

In such cases, the Seller will contact the Buyer to agree on revised delivery arrangements.

Order History

The Buyer may access their complete order history at any time through their customer account.

Article 6 – Delivery Times, Shipping and Collection at the Estate

Home Delivery

Unless exceptional circumstances apply (see previous Article), orders will be dispatched no later than eight (8) days after confirmation of the order.

The Buyer will receive the corresponding invoice by email.

Once the carrier has collected the goods, estimated delivery times range from 4 to 10 days.

If delivery has not been completed after this period, the Buyer is encouraged to contact the Seller.

The carrier may contact the Buyer to arrange a delivery appointment.

Any change of delivery address or the Buyer’s absence at the agreed delivery time may result in additional charges, which shall be invoiced to the Buyer.

Responsibility for the goods rests with the carrier during transport and then with the recipient upon delivery. The recipient must inspect the parcels upon arrival.

In the event of damage or missing items, the recipient must record all necessary reservations on the carrier’s delivery note, specifying any breakage or shortages.

The Buyer must also notify the Seller as soon as possible.

Delivery charges are €36.30 (VAT included) per shipment, regardless of the number of bottles ordered.

Shipping is free for any order of €450 (VAT included) or more delivered to a single address within mainland France (excluding Corsica).

Collection at the Estate

Buyers wishing to collect their order directly from the estate must select the “Collection at the Estate” option before confirming and paying for their order.

Upon confirmation of the order, the Seller undertakes to make the products available within eight (8) days, unless exceptional circumstances apply (see previous Article).

The Seller and the Buyer will then agree on a convenient date and time for collection.

Article 7 – Prices

The price displayed next to each product corresponds to the price, in euros (€), including all applicable taxes (VAT), for one sales unit. A sales unit may consist of a case containing 2, 3 or 6 bottles, depending on the offer, while magnums are sold individually.

The prices displayed are ex-cellar and therefore do not include delivery charges, which may be invoiced separately (see previous Article) and are indicated during the checkout process.

The Seller reserves the right to modify its prices at any time. However, products will be invoiced at the price displayed on the website at the time the order is placed.

Article 8 – Payment

Payment Methods

Orders may only be paid for online by credit or debit card through the website.

The total amount of the order is payable in full, in a single payment, immediately after the Buyer confirms the order.

To complete payment by bank card, the Buyer must enter the sixteen-digit card number and expiry date shown on the front of the card, together with the card security code (CVV), if required.

This information is encrypted during transmission using the SSL security protocol, as indicated by the presence of https in the website address displayed by the Buyer’s web browser.

Should payment be declined for any reason whatsoever (card blocked, refusal by the issuing bank, etc.), the order and the online purchasing process shall be automatically cancelled.

Article 9 – Refusal of Delivery – Returns – Buyer’s Right of Withdrawal

As wine is a sensitive product requiring appropriate transport and storage conditions, any returned products must be sent back in their original packaging and in their original condition.

Return Without Formal Withdrawal

Simply returning the goods or refusing delivery does not constitute an exercise of the Buyer’s right of withdrawal, as this does not clearly express the Buyer’s intention to withdraw from the purchase.

In such cases, all return shipping costs shall be borne by the Buyer, who shall not be entitled to reimbursement of the full purchase price. Any refund may be reduced by transport costs and any loss resulting from damage or breakage of the returned goods.

Right of Withdrawal

In accordance with applicable French consumer law, the Buyer has 14 calendar days from receipt of the goods to exercise the right of withdrawal.

The Buyer must notify the Seller by email or by post, clearly stating the order reference and the products concerned.

The products must then be returned to the Seller within fourteen (14) days following the notification of withdrawal.

The Buyer shall bear all return shipping costs.

The right of withdrawal does not apply if the bottles have been opened or unsealed, including where the fiscal seals have been damaged.

The Seller will refund all amounts paid, including the original delivery charges, using the same payment method as that used for the purchase (unless otherwise agreed between the parties), within 14 days of receiving the returned products.

Where only part of an order is returned, the Seller shall refund the value of the returned products together with a proportional share of the delivery costs, unless a flat-rate delivery charge applies.

Refunds are subject to receipt of the returned products in a condition suitable for resale.

Any damaged, altered or depreciated products will neither be accepted nor exchanged nor refunded.

All risks and costs associated with returning products remain the sole responsibility of the Buyer.

Article 10 – Applicable Law and Dispute Resolution

These Terms and Conditions shall be governed by French law.

Any dispute arising from these Terms and Conditions shall fall within the exclusive jurisdiction of the French courts.

Should a dispute arise between the parties, and following either:

• the failure of a written complaint submitted by the Buyer to the Seller; or
• the Seller’s failure to respond within one (1) month,

the Buyer may seek resolution through any appropriate alternative dispute resolution procedure.

Consumer Mediation

In accordance with Article 71-1 of the French Constitution, the Buyer is informed that, in the event of a dispute, they may submit a complaint through the French Defender of Rights (Défenseur des Droits) via the following website:

https://www.defenseurdesdroits.fr/fr/saisir

The Seller shall not be held liable for any damage resulting from negligence on the part of the Buyer or any third party.

This limitation of liability includes, but is not limited to, damages resulting from technical failures, theft, loss of login credentials, computer viruses, payment fraud or any unauthorised intrusion by a third party