Free delivery on orders over 100 euros in mainland France and Monaco.
Last update: 10 October 2023
SCEA Domaine du Clos de Caille is a civil agricultural company based in
capital of €1,524.49, registered in the Trade and Companies Register under
SIREN number 388 596 868, with its registered office located at Clos de Caille, 83570 Entrecasteaux.
VAT number: FR9338859686800017
Telephone: 09 88 66 38 44
Email: closdecaille@mariottigroup.com
These General Terms and Conditions of Sale (hereinafter referred to as the «GTC») define, in particular, the conditions for ordering, payment, delivery and management of any returns in connection with the sale of products (the «Products») by Domaine du Clos de Caille via its e-commerce website www.closdecaille.com (hereinafter referred to as the «Website») to any natural person of legal age who is a consumer, thus excluding any professional purchase for resale (hereinafter referred to as the «Customer»).
These GTC apply to the exclusion of all other terms and conditions, in particular those applicable to sales in stores or through other distribution or marketing channels for the Products. All other documents, such as brochures, emails, catalogues or photographs of the Products, are for information purposes only.
They are accessible at any time on the Website and shall prevail, where applicable, over any other version or any other contradictory document. They must be accepted by the Customer prior to the confirmation of any order for Products.
All sales of Products made by Domaine du Clos de Caille to the Customer are therefore governed, without restriction or reservation, by these GTC. Consequently, by placing an order on the Website, the Customer implies their unreserved acceptance of these GTC.
By placing an order on the Website, the Customer undertakes to be at least eighteen (18) years of age and to have the legal capacity to enter into this contract on the date of the order, it being recalled that, in accordance with Article L. 3342-1 of the Public Health Code and Order No. 59-107 of 7 January 1959 and Law No. 74-631 of 5 July 1974, the sale and offering of alcoholic beverages to minors and similar persons is prohibited. The Customer also undertakes that their order is not intended for consumption by minors.
Domaine du Clos de Caille reserves the right to modify these Terms and Conditions at any time. Modifications to these Terms and Conditions are binding on Customers of the Website as soon as they are posted online and cannot be applied to transactions concluded prior to this date. All orders placed are subject to the Terms and Conditions posted online on the date of the order.
The Products offered for sale are those listed on the Website. Each Product is accompanied by a description of its essential characteristics, including its specific specifications, and one or more photographs, which are not contractual. The Customer is required to read this information before placing an order, as the choice and purchase of a Product is the sole responsibility of the Customer.
(1) We only sell boxes of twelve (12) fifty-centilitre (50 cl) bottles, boxes of six (6) seventy-five-centilitre (75 cl) bottles, boxes of three (3) 150 cl bottles, and boxes of one 300 cl or 600 cl bottle, all of the same quality and colour.
Domaine du Clos de Caille undertakes to supply the Product ordered by the Customer while stocks last. Given the rare nature of certain Products, which are also subject to climatic conditions, Domaine du Clos de Caille reserves the right to apply restrictions on the quantities available.
The Products displayed as available at the time of ordering may sometimes no longer be available when the order is processed by Domaine du Clos de Caille, despite regular updates to the Product database. Domaine du Clos de Caille shall not be held liable in the event of Product unavailability or stock shortages.
If the Products can be restocked, Domaine du Clos de Caille will inform the Customer by any means and the Products will be shipped as soon as they are back in stock. In this case, the delivery times specified in Article 7.3 shall apply from the date of restocking. If the Products cannot be restocked, Domaine du Clos de Caille shall inform the Customer by any means and shall offer an equivalent Product. The Customer may then either accept the offer or refuse it and request a full refund of their
order. Where applicable, a full refund or payment of the difference between the unavailable Product and the replacement Product will be made using the same payment method initially used within a maximum period of fourteen (14) days.
The prices are expressed, for each of the Products appearing on the Website, in Euros, inclusive of all taxes, excluding processing, shipping, delivery, transport and customs duties, which will be mentioned, where applicable, before confirmation of the order and invoiced as an additional charge.
If the Customer requests a faster or more expensive shipping method than standard shipping, additional delivery charges will apply. The payment requested from the Customer corresponds to the total amount of the order, including these charges.
The prices indicated are firm and non-revisable during their period of validity. Domaine du Clos de Caille reserves the right to modify its prices at any time. The price applicable to the Customer will be the price appearing on the Website on the day of the order. The price displayed on the Website takes into account any one-off promotional offers implemented by Domaine du Clos de Caille on the Website.
Orders must be placed by the Customer on the Website, following the ordering process described below:
The Customer must first complete the following information:
The Customer then selects the Products and adds them to their basket. They confirm their basket and enter their billing address and delivery address, as well as their surname, first name, email address and mobile telephone number.
They certify that they are of legal age to order the Products, read the GTC and tick the box «I have read and accept the GTC». The order is registered once the customer has accepted the GTC by ticking this box. The Customer then chooses their payment method and confirms the payment after checking the information relating to their order.
The Clos de Caille Domain will then send an order confirmation e-mail to the Customer at the e-mail address provided by the Customer.
During the ordering process, the Customer may view the details and total amount of their order at any time and correct any errors before confirming it to express their acceptance. The Customer is solely responsible for any errors made during the ordering process.
Any order placed, validated by the Customer and confirmed by Domaine du Clos de Caille, under the conditions and in accordance with the terms described above, on the Website, constitutes the formation of a distance contract between the Customer and Domaine du Clos de Caille. Unless proven otherwise, the data recorded in the computer system of Domaine du Clos de Caille constitutes proof of all transactions concluded with the Customer.
By placing an order, the Customer expressly accepts the prices, product descriptions and GTC.
Orders are confirmed as soon as possible by email. No subsequent changes are possible without the express agreement of Domaine du Clos de Caille.
By placing an order on the Website, the Customer expressly waives the benefit of Article 1587 of the Civil Code, according to which the sale of wine is only finalised after tasting and approval by the purchaser.
The Clos de Caille Estate reserves the right to refuse or cancel an order:
To be considered, any request to cancel an order must be made before the Products are dispatched by Domaine du Clos de Caille, by telephone or email, specifying the surname, first name, amount and order number.
The price is payable in full on the day the Customer places the order.
The Customer must make payment immediately upon placing the order by: Carte Bleue, Visa, Mastercard. They will then be redirected to the payment interface of Domaine du Clos de Caille's banking partner, which is secured by 3D Secure. For any other means of payment, the Customer must contact Domaine du Clos de Caille directly.
Payments made by the Customer shall only be considered final after the sums due have been effectively received by Domaine du Clos de Caille.
The Customer guarantees Domaine du Clos de Caille that they have the necessary authorisation to use the bank card provided.
An invoice is issued by Domaine du Clos de Caille and given to the Customer upon delivery of the Products ordered.
The Products ordered are delivered to the address specified by the Customer when placing the order on the Website, exclusively within mainland France.
In the event that the Products are returned to Domaine du Clos de Caille due to an incomplete or incorrect address, Domaine du Clos de Caille will contact the Customer to inform them and request additional information or a new delivery address. The new delivery period will begin as soon as the new address information is received, and the Customer will be responsible for the costs of reshipment. Under no circumstances shall Domaine du Clos de Caille be held responsible for the inability to deliver the Products at the desired time and place.
The Products are insured by Domaine du Clos de Caille during their transport in mainland France and travel at its own risk. The transfer of ownership and the risks of loss and damage associated therewith shall only take place when the Customer physically takes possession of the Products.
It is the Customer's responsibility to check the condition of the packaging as well as the nature, condition, quantity, quality of the Products and, more generally, the conformity of the Products delivered with the content of the order concerned, and to make any necessary observations in the event of breakage, damage or missing items, clearly expressing their reservations on the delivery receipt. Signing the delivery receipt without reservation shall imply acceptance by the Customer.
Before signing the delivery receipt, if any anomaly is noted, the Customer must refuse delivery. The carrier will inform Domaine du Clos de Caille, which undertakes to resend an identical Product to the Customer as soon as possible. Provided that Domaine du Clos de Caille finds that the Customer's refusal to accept delivery is justified, Domaine du Clos de Caille will bear the cost of reshipment. The Customer may not demand reimbursement for the Product and delivery costs.
After signing the delivery receipt, if the Customer notices any anomalies, they must inform Domaine du Clos de Caille and the carrier by registered letter with acknowledgement of receipt within twenty-four (24) hours of delivery. From the moment of delivery, Domaine du Clos de Caille cannot be held responsible for any risk of loss or deterioration of the Products or any damage that the Customer may cause to them.
The Customer's order will be dispatched within a maximum of three (3) working days from receipt of full payment, subject to the availability of the Products ordered.
In any event, the order will be delivered within a maximum of thirty (30) days, provided that the delivery address is complete and accurate and that the telephone number is valid.
In the event of failure by Domaine du Clos de Caille to meet this delivery deadline, the Customer may instruct Domaine du Clos de Caille to make the delivery within a reasonable additional period, by registered letter with acknowledgement of receipt sent to the following address: 2861 Chemin de Mousteirol – 83570 Entrecasteaux.
Only if Domaine du Clos de Caille has not complied within this period shall the Customer be entitled to terminate the contract, in accordance with the same terms and conditions.
Domaine du Clos de Caille undertakes to make every effort to deliver the Products ordered by the Customer within the specified time frame. However, the Customer acknowledges that delivery times do not constitute an essential condition of the contract concluded with Domaine du Clos de Caille. Failure by Domaine du Clos de Caille to meet payment deadlines shall not give rise to the payment of any compensation.
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, within the meaning of Article 1218 of the Civil Code.
Therefore, Domaine du Clos de Caille cannot be held responsible for delays, losses, damage, deterioration in quality, errors or non-delivery.
It is specified that such situations include any events or causes beyond the control of Domaine du Clos de Caille that hinder or halt supplies or deliveries by Domaine du Clos de Caille or its suppliers, service providers or subcontractors, and prevent Domaine du Clos de Caille, in good faith, from delivering the Products covered by the order.
The Clos de Caille Estate guarantees that the Products it supplies comply with current regulations and the characteristics advertised on the Website.
Domaine du Clos de Caille cannot be held liable in the event of incomplete or incorrect information being entered by the Customer, in the event of stock shortages or unavailability of Products, in the event of indirect damage related to failure to meet the delivery deadline, or in any case of force majeure referred to in Article 7.4 and, in general, any events beyond the control of Domaine du Clos de Caille that prevent the proper execution of the order.
IT IS EXPRESSLY AGREED BETWEEN THE PARTIES THAT THE PRODUCTS REMAIN THE PROPERTY OF DOMAINE DU CLOS DE CAILLE UNTIL FULL AND COMPLETE PAYMENT OF THE ORDER IN ACCORDANCE WITH LAW NO. 80.335 OF 12 MAY 1980. TRANSFER OF OWNERSHIP TO THE CUSTOMER SHALL TAKE PLACE ON THE DAY OF FULL PAYMENT OF THE PRICE.
In accordance with Article L. 221-18 of the Consumer Code, as a consumer, the Customer may exercise their right of withdrawal within fourteen (14) days of receiving the Products ordered. The Customer does not have to provide any justification and will not incur any penalties.
To exercise this right of withdrawal, the Customer must notify their intention to withdraw before the expiry of the withdrawal period by means of an unambiguous statement via:
The Customer undertakes, within fourteen (14) days of sending their decision to withdraw, to return the Products, in their original condition and packaging (1), in perfect condition for resale, to the following address: 2861 Chemin de Mousteirol – 83750 Entrecasteaux.
The transport of returned Products is the responsibility of the Customer, who must choose a suitable method of return shipment.
The costs of returning the goods shall be borne by the Customer. Domaine du Clos de Caille will refund the Customer the full amount paid, including delivery costs (corresponding to the least expensive standard delivery method), as soon as possible and no later than fourteen (14) days after the date on which Domaine du Clos de Caille was informed of the Customer's decision to withdraw.
The refund will be made using the same payment method used by the Customer for the initial transaction, unless the Customer expressly agrees to Domaine du Clos de Caille using a different payment method and provided that the refund does not incur any costs for the Customer.
In accordance with Article L. 221-24 of the Consumer Code, Domaine du Clos de Caille may defer reimbursement until receipt of the Product(s) or until the Customer has provided proof of shipment, whichever occurs first. Proof of shipment of the Product means any means of proving beyond dispute that the Product in question has been sent to Domaine du Clos de Caille.
It is hereby reiterated that, in the event of withdrawal after use of the Product(s), the Customer shall be liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s). According to the European Commission, such handling is that which a consumer may carry out in a shop for goods offered for sale there.
Domaine du Clos de Caille is bound to its Customers by the legal guarantee of conformity mentioned in Articles L. 217-3 to L. 217-20 of the Consumer Code and that relating to defects in the item sold, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
In the event of non-compliance of the Products, the Customer is invited to contact Domaine du Clos de Caille (by post, email or telephone), which will take charge of the matter by informing the Customer of the terms and conditions for return, replacement or refund.
When acting under the statutory guarantee of conformity, the consumer:
If repair or replacement is not possible, we will then offer the customer either cancellation of the order and a refund of the price — except in the case of minor non-conformity — or retention of the products and a partial refund of the price.
The consumer may decide to enforce the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it occurred.
Where the contract for the sale of goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it occurred.
The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without significant inconvenience to them.
If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods, but the seller insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract and obtain a full refund in exchange for returning the goods, if:
The consumer is also entitled to a price reduction or termination of the contract when the lack of conformity is so serious that it justifies immediate price reduction or termination of the contract. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to cancellation of the sale if the lack of conformity is minor.
Any period during which the goods are out of service for repair or replacement shall suspend the warranty, which shall remain in force until the repaired goods are delivered.
The above rights result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who acts in bad faith to obstruct the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal warranty against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or to a
full refund upon return of the goods.
On the other hand, the Customer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code.
In this case, he may choose between cancelling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
Proof of the absence of defects may be provided, in particular, after tasting by the oenologists of Domaine du Clos de Caille.
The legal texts concerning the existence, conditions of implementation and content of the legal guarantee of conformity are reproduced below:
Article L. 217-3 of the Consumer Code:
«The seller shall deliver goods that comply with the contract and with the criteria set out in Article L. 217-5.
He shall be liable for any lack of conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which becomes apparent within two years of delivery.
In the case of a contract for the sale of goods containing digital elements:
For such goods, the applicable time limit does not deprive the consumer of their right to updates in accordance with the provisions of Article L. 217-19.
The seller shall also be liable, within the same time limits, for any lack of conformity resulting from the packaging, the assembly instructions, or the installation when this has been made his responsibility by the contract or has been carried out under his responsibility, or when the incorrect installation, carried out by the consumer as provided for in the contract, is due to shortcomings or errors in the installation instructions provided by the seller.
This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The limitation period for consumer action begins on the day the consumer becomes aware of the lack of conformity.»
Article L. 217-4 of the Consumer Code
«The goods are in conformity with the contract if they meet the following criteria, where applicable:
Article L. 217-5 of the Consumer Code
«I. In addition to the criteria for compliance with the contract, the goods are compliant if they meet the criteria
following:
II.-However, the seller is not bound by any public statements mentioned in paragraph
above if it demonstrates:
III.-The consumer may not contest conformity by invoking a defect concerning one or more specific characteristics of the goods, which they were specifically informed deviated from the conformity criteria set out in this article, a deviation to which they expressly and separately consented when concluding the contract.»
Article L. 217-28 of the Consumer Code:
«When the consumer requests the guarantor, during the course of the statutory guarantee or commercial guarantee granted to them upon the purchase or repair of goods, to repair the goods covered by this guarantee, any period of immobilisation suspends the guarantee that remained in force until the repaired goods were delivered.
This period shall commence from the date of the consumer's request for action or from the date on which the goods in question are made available for repair or replacement, whichever is more favourable to the consumer.
The warranty period is also suspended when the consumer and the guarantor enter into negotiations with a view to reaching an amicable settlement.»
The legal texts concerning the existence, conditions of implementation and content of the warranty against hidden defects in the item sold are reproduced below:
Section 1641 of the Civil Code:
«The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects.».
Article 1648(1) of the Civil Code:
«Legal action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.».
Article 2232 of the Civil Code:
«The postponement of the starting point, suspension or interruption of the limitation period may not have the effect of extending the limitation period beyond twenty years from the date on which the right arose.».
The Customer's personal data is collected and processed by Domaine du Clos de Caille for the purpose of fulfilling and managing orders placed by the Customer on the Website.
In accordance with Law No. 78-18 of 6 January 1978, known as the «Data Protection Act», amended by Law No. 2018-493 of 20 June 2018, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), the Customer has, at any time, within the framework of their relationship with Domaine du Clos de Caille, the right to access, rectify and delete personal data concerning them held by Domaine du Clos de Caille, the right to withdraw their consent, to request the portability of their personal data, to object to its processing or to request the limitation of its processing, and to define guidelines on the fate of their personal data after their death. .
The Customer may exercise these rights by contacting Domaine du Clos de Caille by post (2861 Chemin de Mousteirol – 83570 Entrecasteaux) or by email (info@closdecaille.com).
For more information on the details of the personal data processing carried out by Domaine du Clos de Caille and on how to exercise your rights, you may consult the Domaine du Clos de Caille privacy policy on each page of the Website or by clicking on the following link: https://www.closdecaille.com/politique-de-
confidentiality/
The Website uses cookies. These are small text files stored on the Customer's hard drive, most of which are intended to enable or facilitate navigation and are necessary for the proper functioning of certain services on the Website.
The Customer may express their consent or object to the use of cookies by configuring their connection device appropriately. The «Help» section of most browsers explains how to do this.
All elements (database, graphics, text, photographs, etc.) appearing on the Website are protected by intellectual property rights belonging to Domaine du Clos de Caille.
No reproduction (other than for strictly private use) of any element of the Website, nor any hypertext link to the Website, may be made without the express prior authorisation of Domaine du Clos de Caille.
Alcohol abuse is dangerous for your health. Please drink responsibly.
These GTC are subject to French law.
In the event that any of the terms of the GTC are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Any disputes arising from purchase and sale transactions concluded under these GTC, concerning their validity, interpretation, execution, termination, consequences and repercussions, shall be submitted to the competent courts under the conditions of ordinary law.
In the event of a dispute, we invite the Customer to seek an amicable solution by first contacting our Customer Service Department by post at the following address: Domaine du Clos de Caille, 2861 Chemin de Mousteirol – 83570 Entrecasteaux, France, or by email at the following address: info@closdecaille.com.
If this complaint relates to a Product, it must be kept in its original condition or packaging within this period for any complaint to be considered.
If the complaint submitted to Customer Services is unsuccessful or if no response is received from this department within two (2) months, the Customer is informed that they may, in any event, resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies.
If the Customer wishes to obtain further information on online dispute resolution, they may follow this link to the European Commission's website: https://ec.europa.eu/consumers/odr/. This link is provided in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These GTC have been drafted in French and may be translated. It is agreed that in the event of any difficulty in interpretation, the French version shall prevail.
By post to: Domaine du Clos de Caille, 2861 Chemin de Mousteirol – 83570 Entrecasteaux, France, or by email to the following address: info@closdecaille.com
I hereby notify you of my withdrawal from the contract for the sale of the Products listed below:
(*) Delete as appropriate.
INFORMATION REGARDING THE EXERCISE OF THE RIGHT OF WITHDRAWAL:
You have the right to withdraw from this contract without giving any reason within fourteen (14) days of the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or email). You may use the model withdrawal form, but this is not mandatory.
In order for the withdrawal period to be respected, you simply need to send your notification regarding the exercise of your right of withdrawal before the expiry of the withdrawal period.
If you withdraw from this contract, we shall reimburse you for all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice, , where applicable, a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen (14) days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment that you used for the initial transaction, unless you expressly agree to a different means; in any event, this refund will not incur any costs for you.
Enter your name, geographical address and, where available, your telephone number, fax number and email address.
You may also complete and submit the model withdrawal form or any other unambiguous statement on our website. If you use this option, we will send you an acknowledgement of receipt of the withdrawal by email without delay.
We may defer reimbursement until we have received the Products concerned or until you have provided proof of shipment of said Products, whichever occurs first.
You must return or hand back the goods to the company's registered office without undue delay and, in any event, no later than fourteen (14) days after you have notified us of your decision to withdraw from this contract. This deadline is deemed to have been met if you return the Products before the expiry of this fourteen (14) day period.
The Customer shall bear the direct costs of returning the Products.
You are only liable for any depreciation in the value of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Products concerned.
