We welcome you to our website https://vignobles-lamont.com/
We invite you to read carefully our Terms and Conditions before using our website https://vignobles-lamont.com/.
These may change to take into account the applicable regulations.
Legal information on the protection of minors
In accordance with the provisions of Ordinance No. 59-107 of January 7, 1959, the Act of July 5, 1974 and Articles L 3342-1 et seq. of the Public Health Code, the website https://vignobles-lamont.com/ prohibits the offer and sale of alcoholic beverages to minors and similar.
Consequently, you acknowledge having the legal capacity to conclude the present contract by filling in the order form.
The abuse of alcohol is dangerous for your health, consume with moderation.
ARTICLE 1 – Field of application
The present General Conditions of Sale apply, without restriction nor reserve to the whole of the sales concluded by S.A.S. Lamont Financière (“the Salesman”) near consumers and nonprofessional purchasers (“the Customers or the Customer”), wishing to acquire the products proposed with the sale by the Salesman (“the Products”) on Internet site https://vignobles-lamont.com/.
They specify in particular the conditions of order, payment, delivery and management of possible returns of the Products ordered by the Customers.
These General Terms and Conditions of Sale may be supplemented by special conditions, stated on the website, before any transaction with the Customer.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website https://vignobles-lamont.com/ and will prevail, if necessary, over any other version or any other contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer’s purchase is the one in force on the website at the date of placing the order.
The modifications of these General Conditions of Sale are opposable to the users of the website https://vignobles-lamont.com/ as from their on-line publishing and cannot apply to the transactions concluded previously.
ARTICLE 2 – Products offered for sale on the website
The Products offered for sale on the website https://vignobles-lamont.com/ are the following:
o All the wines of Château Baby
o All the wines of Château Branda
o All the wines of Château D’Argan
o All the wines of Château Hauterive
o All the wines of Château l’Enclos
o All the wines of Château Grand Jour
o All the wines of Château La forêt Noire
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website https://vignobles-lamont.com/.
The Customer is obliged to take note of them before placing an order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photographs and graphics presented on the website https://vignobles-lamont.com/ are not contractual and do not engage the responsibility of the Seller.
The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
ARTICLE 3 – Duration of validity of the offer of Products
The offers of Products are within the limits of available stocks, such as specified at the time of the placing of the order.
In the event of unavailability of a product ordered, S.A.S. Lamont Financière will inform the customer by e-mail as soon as possible. The customer will have then the possibility of choosing a refunding (within 30 days) or of an exchange with an equivalent product.
ARTICLE 4 – Seller’s contact information
The coordinates of the Salesman are the following ones:
S.A.S. Lamont Financière
Château Branda
5 Rue du 11 Novembre 1918, lieu dit Le Branda
33240 Cadillac-En-Fronsadais – FRANCE
Mail : contact@lamontfinanciere.fr
TEL: 05.57.33.08.09
In accordance with the Data Protection Act of January 6, 1978, reinforced and supplemented by the RGPD (General Regulation on Data Protection) which came into force on May 25, 2018, the Customer has, at any time, a right of access, rectification, opposition, deletion and portability of all his personal data by writing, by mail and proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website https://vignobles-lamont.com/.
ARTICLE 5 – Orders
5-1 . Placing an order
It is the Customer’s responsibility to select on the website https://vignobles-lamont.com/ the Products he/she wishes to order, according to the modalities provided below:
The Customer chooses his products on the website and adds them to his basket,
The Customer must then validate the contents of his basket,
After the validation of the basket, the Customer must identify himself on the website and proceed to his registration on the identification form provided for this purpose, which will indicate all the requested details.
In addition, the registration of an order on the website https://vignobles-lamont.com/ is completed when the Customer accepts the present General Terms of Sale by checking the box provided for this purpose and validates his order. This validation implies the acceptance of the entirety of the present General Conditions of Sale as well as the general conditions of use of the website https://vignobles-lamont.com/.
The sale is final only after the sending to the Customer of the confirmation of the acceptance of the order by the Seller by electronic mail, which must be sent without delay.
Any order placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the website https://vignobles-lamont.com/ constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
In the absence of proof to the contrary, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute concerning the payment of a previous order.
The Customer can follow the evolution of his order on the website https://vignobles-lamont.com/ via the tab “My account”.
5-2 . Modification of the order
After confirmation and acceptance by the Seller, under the conditions described above, the order can no longer be modified.
5-3 . Cancellation of the order
After confirmation and acceptance by the Seller under the conditions described above, the order cannot be cancelled, except for the exercise of the right of withdrawal or force majeure.
ARTICLE 6 – Prices
The Products are supplied at the prices in force appearing on the website https://vignobles-lamont.com/, at the time of the recording of the order by the Salesman. The prices are expressed in Euros including all taxes.
The prices consider possible reductions which would be granted by the Salesman on the site https://vignobles-lamont.com/.
These prices are firm and non-revisable during their period of validity, as indicated on the website https://vignobles-lamont.com/. The Seller reserves the right, outside this period of validity, to modify the prices at any time. They do not include the costs of processing, shipping, warranty, transport and delivery, which are charged in addition, under the conditions indicated on the website https://vignobles-lamont.com/ and calculated prior to placing the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time of the validation of the order by the Customer, are fully charged to him.
The payment requested from theCustomer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and sent to the Customer in the package of his order placed on the website.
ARTICLE 7 – Terms of payment
The price is payable in cash, in full on the day of the order, by means of secure payment by bank cards (Carte Bleue, Visa, Eurocard/MasterCard).
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
The payment data are exchanged on the secure Stripe platform. The Customer is redirected to this page which allows him to pay online by entering his bank details.
The order is considered final only after full payment of the price and costs associated with the order.
The price invoiced to the Customer corresponds to the price indicated in the order confirmation sent by e-mail to the Customer.
ARTICLE 8 – Deliveries
The Products ordered by the Customer will be delivered in Metropolitan France (to the address indicated by the Customer at the time of his order on the website https://vignobles-lamont.com).
The delivery is constituted by the transfer to the Customer of the physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the ordered Products were not delivered within 30 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or withholding.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or to reimburse the Customer, as indicated in Article 11- “Seller’s liability – Guarantee”.
The Seller assumes the risks of transport and is obliged to reimburse the Customer in case of damage caused during transport.
Deliveries are made by an independent carrier to the address given by the Customer at the time of ordering and to which the carrier has easy access.
The Customer is required to check the condition of the delivered products. Upon delivery, the Customer shall immediately mention any remarks on the delivery slip and shall immediately contact the carrier by e-mail to confirm any reservations or claims for non-conformity or apparent defect of the delivered Products (e.g. damaged package already opened …), with all related documents (e.g. photos). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller.
The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in the present General Terms and Conditions of Sale (see warranties, in particular).
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller’s Products shall be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto shall only take place when the Customer takes physical possession of the Products. The Products travel at the Seller’s risk.
ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Customer has a period of fourteen days from the date of receipt of the Product to exercise his right of withdrawal from the Vendor, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days following notification to the Vendor of the Customer’s decision to withdraw.
The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their return to the market in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not accepted.
The right of withdrawal can be exercised online, using the contact form available on the website https://vignobles-lamont.com/, or any other statement, unambiguous, expressing the desire to withdraw.
In the event of exercising the right of withdrawal within the above-mentioned period, only the price of the Product(s) purchased, and the delivery costs will be reimbursed; the return costs will remain the responsibility of the Customer.
The refund will be made within 14 days from the notification to the Seller of the decision to withdraw.
ARTICLE 11 – Responsibility of the Seller – Guarantee
The Products sold on the Internet site https://vignobles-lamont.com/ are in conformity with the regulations in force in France.
The Products supplied by the Seller benefit by right and without additional payment, independently of the right of retraction, in accordance with the legal provisions,
o the legal guarantee of conformity, for the apparently defective, damaged or damaged Products or not corresponding to the order,
o the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use, under the conditions and according to the methods referred to in the box below and defined in the appendix to these General Terms of Sale (Warranty of Conformity / Warranty of Hidden Defects).
It is reminded that within the framework of the legal guarantee of conformity, the Customer :
o has a period of two years from the delivery of the goods to act against the Seller;
o may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
o is exempted from proving the existence of the defect of conformity of the Product during the twenty-four months following the delivery of the Product.
The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code. In this case, he/she can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code.
In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products without delay upon delivery of the Products or of the discovery of the hidden defects within the above-mentioned time limits and return or bring back to the store the defective Products in the state in which they were received with all the elements (accessories, packaging, instructions…).
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-conforming or defective.
Shipping costs will be reimbursed based on the invoiced rate and return shipping costs will be reimbursed upon presentation of receipts.
Refunds for Products found to be non-conforming or defective will be made as soon as possible and at the latest within 14 days of the Seller’s finding of the non-conformity or hidden defect.
Refunds shall be made by crediting the Customer’s bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the following cases
o non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check,
o in case of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
ARTICLE 12 – Protection of personal data
Pursuant to Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the preparation of invoices.
This data may be communicated to any of the Vendor’s partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated through the website https://vignobles-lamont.com/ meets the legal requirements for the protection of personal data, the information system used to ensure optimal protection of such data.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website https://vignobles-lamont.com/.
ARTICLE 13 – Intellectual property
The brands and the contents of the website https://vignobles-lamont.com/ are the property of the Seller and its partners, and are protected by the French, European and international laws relating to the intellectual property.
Any total or partial reproduction of these contents is strictly forbidden and is likely to constitute an offence of counterfeiting.
ARTICLE 14 – Unforeseen circumstances
In the event of a change of unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request a renegotiation of the contract from its co-contractor.
ARTICLE 15 – Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the Civil Code.
ARTICLE 16 – Applicable law
The present General Conditions of Sale and the operations resulting from them are governed by French law.
In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 17 – Disputes
The Customer may have recourse to conventional mediation, with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In the absence of an amicable agreement, all disputes to which the purchase and sale operations concluded in application of the present GTC could give rise, concerning both their validity, their interpretation, their execution, their cancellation, their consequences, and their consequences and which could not be resolved between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.
ARTICLE 18 – Pre-contractual information – Customer acceptance
The fact that a natural person (or legal entity) places an order on the website https://vignobles-lamont.com/ implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives the right to invoke any contradictory document, which would be unenforceable against the Seller.