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XIth C
The Legend
of CreveCœur
1515
Construction
of the Castel
First harvests
1989
Planting
Tall Apple Trees
First Generation
Christian Founder
2004
First
Distillation
Second Generation
Albéric and Florence
2019
First bottling
Second and Third Generation
Albéric and Florence
Alice and Flore
The general terms and conditions of sale (hereafter “The Conditions”) govern the conditions of sale of the Products to the « Consummer » by Mr. Albéric de Rougemont or any individual or legal entity that he may substitute (hereafter “CrèveCœur”) for the « Consumer » .
By buying from CrèveCœur, the Consumer accepts the Terms and Conditions without any reserves.
The Conditions prevail over any general conditions of purchase or purchase order or other document and conditions from the Consumer.
CrèveCœur reserves the right to modify The Conditions without prior notice.
Consequently, the Consumer must regularly consult The Conditions, which are updated and mentioned in large part on the back of the invoice, and entirely, on the “calvadoscrevecoeur.com” site or on another con-tractual document. Any modification of The Conditions is materialized by the updating of its version number (see footer, example: “v. 1.0”).
By purchasing Products, the Consumer represents and warranties CrèveCœur (1) that he/she accepts The Conditions, the “General Terms and Conditions of Use” and the “policy for the protection and processing of personal data and cookies” accessible on the CrèveCœur website “calvadoscrevecoeur.com” and (2) that he possesses all the required qualities and is responsible for the purchase, payment, conservation and con-sumption of the Products.
The purchase contract is concluded at the moment when the Consumer confirms his order by clicking on the “Payment” or “Pay” button (hereafter the “order”), provided that all or part of the relevant Products are avail-able (cf. article 2.3).
The Consummer represents and warranties that he/she is a major with legal capacity.
« the Package(s) » means the assembly formed at the time of delivery by the Product(s) their packaging and packaging(s), and, where applicable, the documents joined.
« the consumer » refers to any individual or legal entity wishing to order Products from CrèveCœur, for strictly personal consumption, excluding any link with a professional activity. Any order not being for personal consumption will be considered null and void.
« the Contract » means the order placed by the Consumer at the conditions of the moment and accepted by Crève Coeur at the time the Consumer confirms his order by clicking on the button «Payment» or «Pay», provided that all or part of the Products so ordered are available (cf. 2.3).”
« CrèveCœur » refers both to the producer-seller of the Products and to a distinctive brand name plus a logo, both regis-tered in France and in multiple countries. “CrèveCœur” is notably protected by intellectual property right.
« The Product(s) » means all or part of the following elements: the bottle, the spirit it contains from the production and know-how of CrèveCœur, the cork and the box or any other packaging or packaging’s item, as well as any ele-ment that may be attached to it from time to time (e.g., “plus products”, “goodies”, accessories, instruc-tions, etc.) or on a long-term basis(idem). CrèveCœur reserves the right to modify at any time the range of its Products offered for sale, in compliance with orders already placed by the Consumer and accepted by CrèveCœur.
The Products cannot be resold by the Consumer.
The Consumer checks that he complies with all the regulations applicable to the Products before placing an order with CrèveCoeur.
Except in case of withdrawal as defined in article 8, the Consumer may not cancel an order already accept-ed by CrèveCœur.
CrèveCoeur delivers the Products in the continental territory of the European Union. CrèveCoeur stud-ies on a case-by-case basis the orders and the delivery in other countries or territories of the European Union, or worldwide.
In the event of total or partial unavailability of the Products at the time the order is placed, the Consumer will be informed in person or by e-mail as soon as possible of the consequence arising such as :
– In the event of total cancellation of the order: the bank account of the Consumer will not be debited.
– In the event of partial cancellation of the order: the part of the order corresponding to the available Prod-ucts will be validated and delivered, and the bank account of the Consumer will be debited only for the sums corresponding to the available and delivered Products.
Prices are charged on the basis of the price list valid at the time of the order. The price invoiced by CrèveCoeur is at the consumer’s discretion:
Product(s) to be collected by the Consumer at the Château de CrèveCoeur – Giel Courteilles 61210 , France (without custody, transport or insurance borne by CrèveCoeur) ;
For products delivered to the address duly given by the Consumer with the transport and transport insur-ance costs borne by CrèveCœur in metropolitan France and in the continental European Union.
In case of sale of Products by CrèveCoeur to be delivered to the Consumer outside the territory of the Eu-ropean Union as defined by article 262 of the General Tax Code (hereinafter “GTC”), these Products are sold on a case-by-case basis after Crevecoeur study, and specific price agreed by the consumer, without taxes.
CrèveCœur issues one invoice without taxes and one with all taxes including (or only without taxes., cf. arti-cle 3.2) in EURO for each delivery of Product(s) at the time the order is prepared.
The Consumer is satisfied with any tax that he would have to pay as a result of the H.T. purchase of the Products requested from CrèveCoeur.
The Consumer pays each invoice in EURO, at the moment of the order (before sending the Products to Crèvecoeur or to your address), by electronic transfer to the bank account of CrèveCœur.
Any delivery times communicated by CrèveCoeur to the Consumer are given for an indicative purposes only. CrèveCœur will be exonerated from its delivery obligation in the event of the occurrence of a case of force majeure as defined by article 1218 of the Civil Code.
Article L217-4: The seller delivers a Product that complies with the Contract and is liable for defects of con-formity existing at the time of delivery. It shall also be liable for defects of conformity resulting from pack-aging (…).”
Article L217-5: The Product complies with the Contract: 1° If it is suitable for the usually expected use of a similar Product and, if applicable: – if it corresponds to the description given by the seller and has the quali-tieshas presented to the buyer in the form of a sample or a model; – if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his repre-sentative, in particular in advertising or labelling ; 2° Or if it has the characteristics defined by mutual agree-ment between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted.”
Article L217-7: “Defects of conformity which appear within a period of twenty-four months from the issue of the Product shall be presumed to exist at the time of issue, unless proven otherwise.” The Consumer must act within two years from the issue of the Product» (art. L217-12).
Article L217-8: The buyer is entitled to require the conformity of the Product to the Contract. However, he cannot challenge compliance on the basis of a defect that he knew or could not have known when he con-tracted. (…)”
Where applicable, the Products are excluded from the warranty: (a) damaged during transport, (b) with an apparent defect that was not the subject of a complaint when they were delivered, or (c) modified by the Consumer or another person, (d) or Products that have been subject to misuse.
If the Parcel(s) complies with the Contract, the Consumer shall receive the Parcel(s) against signature delivered to the deliveryman (except for exceptions related to regulatory conditions, in particular sanitary conditions).
If a package or its contents presents an apparent defect (e.g. open, damaged, etc.), the Consumer must refuse it by mentioning the reason to the driver who will register it in his computer tool or other medi-um.
If the Products are received or refused, the Products are deemed to be approved by the Consumer.
If the delivery of the Products takes place in the absence of the Consumer, and therefore the delivery-man is not present when the Consumer receives the Products, in case of anomaly detected by the Con-sumer, the Consumer must in this case:
In any circumstances, The Consumer must keep the Products in a dark, dry place with a constant tem-perature between 15° and 20°.
If the Consumer exercises his/her right of withdrawal before the reception of the Products but after the shipment is validated, Crèvecoeur informs hereby the consumer that it will not be able to stop the delivery. The Consumer must then return the product within a maximum period of 14 (fourteen) days starting from the day of receipt of the Products.
The Consumer must imperatively return the Products to CrèveCoeur in perfect condition to be marketed again in new condition (in particular Products in perfect condition accompanied by their original packaging or wrapping,”plus products”, goodies, accessories, instructions, and any other element accompanying them upon delivery to the Consumer) within fourteen (14) days (a) following the date of notification of the decision to withdraw from the contract.
The Consumer must correctly fill out the withdrawal form also known as «Return Voucher» appearing on the site «calvadoscrevecoeur.com» and/or on the back of the delivery voucher and return the said Products with said «Return Voucher» completed and accompanied by the order number, at the address of CrèveCoeur.
The Consumer who wishes to return a Product must use the original packaging to return the Product(s) con-cerned and send the Products at his expense by registered with acknowledgement of receipt or by an emergency correspondence allowing the “traceability” of it (ex: DHL, FEDEX,…) at the address of CrèveCoeur (to the attention of the «Returns Service»).
CrèveCoeur does not accept parcels/Products or mail addressed in due port.
All risk associated with the return of the Product remains the responsibility of the Consumer. The Con-sumer must ensure the delivery of the product to the deliveryman or post office or other against a re-ceipted circumstance.
Under Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised whenever the Products is :
CrevCoeur will make the refund in accordance with the means of payment used by the Consumer, unless the latter expressly agrees to another means of refund.
In case of right of withdrawal exercised by the Consumer, the Consumer’s liability may be incurred in case of depreciation of the Product resulting from handling(s) other than that(s) necessary to (a) gently remove and without any trace the Products from the shipping packaging (and/or its enhancement) without damaging the latter and (b) visually appreciating the apparent quality of the Products. In such a case, the refund of the Product may be reduced accordingly after detailed information to the Consumer by CrèveCoeur. No refund of the Product will be made in case of opening of the cap or preservation of any Product in an inadequate place and conditions (cf. 6.4).(cf. 6.4).
Article 1648 of the French Civil Code: “The action resulting from the repurchase defects must be brought by the purchaser within two years from the discovery of the defect (…).”
Except in cases strictly governed by (a) refusal of the Products on delivery (cf. 6) and, (b) right of with-drawal of the Consumer (cf. 7), whatever the mode of purchase of the Products, any return for defect of the Products must be the subject of a prior agreement, Express and written by CrèveCœur following the precise description sent by the Consumer and a detailed exchange between the parties.
Any Product returned “for defect” without prior express written authorization from CrèveCœur will be refused at the Consumer’s expense, risk and risk.
The costs and risks of the return are the responsibility of the Consumer, unless prior, express and written agreement of CrèveCœur specifying it.
After qualitative and quantitative verification by CrèveCoeur of Returned Products, any recovery of Product definitively accepted by CrèveCœur for hidden defect will result in the establishment of a credit to the Con-sumer, an amount equal to that paid by him to CrèveCœur for the Products concerned (the transport costs, insurance, and any taxes remain at the expense of the Consumer, unless prior, express and written agree-ment of CrèveCœur).
Nevertheless, the Consumer may decide to choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code, except in cases of exclusion (cf. 6.2).
When acting as a legal guarantee of conformity, the Consumer may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the French Consumer Code.
In accordance with the laws in force, the Consumer is prohibited, under penalty of prosecution, from repro-ducing or having reproduced all or part of the Products and distinctive brands or logos or other intellectual creations of CrèveCœur.
CrèveCœur has defined and implemented a policy of respect and protection of its customers’ personal data.
CrèveCœur collects the personal data of the Consumer as well to ensure the proper execution of the order, payment and delivery of the Products.
All of the purposes, methods, recipients, retention period and conditions for collecting and processing per-sonal data are specified in the “Policy for the protection and processing of personal data and cookies” acces-sible on the CrèveCœur website “calvadoscrevecoeur.com”. In particular, information relating to the Con-sumer’s rights and, where applicable, that of the recipient of the order concerned by this collection and re-lated processing is detailed there.
In accordance with the laws in force, the Consumer has a right of access, information, rectification and dele-tion on simple request by email sent to «contact@calvadoscrevecoeur.com» specifying «objet = RGPD».
THE CONDITIONS ARE GOVERNED BY FRENCH LAW.
THE PARTIES EXPRESSLY EXCLUDE THE APPLICATION OF THE VIENNA CONVENTION OF 11 APRIL 1980 FOR THE INTERPRETATION AND EXECUTION OF THESE CONDITIONS.
IN CASE OF DISAGREEMENT BETWEEN US, IN ACCORDANCE WITH ARTICLES L.616-1 AND R.616-1 OF THE CONSUMER CODE, YOU MAY CONTACT A MEDIATOR.
THE ADDRESS OF A MEDIATOR WILL BE GIVEN TO YOU ON A SIMPLE REQUEST MADE BY E-MAIL TO «contact@calvadoscrevecoeur.com» SPECIFYING “SUBJECT = request contact details mediator”.
IN ADDITION, THE EUROPEAN COMMISSION IS MAKING AVAILABLE TO CONSUMERS AN ONLINE DIS-PUTE RESOLUTION PLATFORM THAT YOU CAN ACCESS HERE: https://ec.europa.eu/consumers/odr/.
ALCOHOL ABUSE IS DANGEROUS FOR HEALTH, TO CONSUME IN MODERATION.
Château de CrèveCoeur – 61210 Giel Courteilles, France
www.calvadoscrevecoeur.com
SIRET n° 38477903900013, intra-community VAT n° FR 75 384779039
v.1.00, April 2021
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The website www.calvadoscrevecoeur.com (hereinafter referred to as the “Site”) is published by the company MONSIEUR ALBÉRIC DE ROUGEMONT, registered with INSEE on 1 January 1990, whose registered office is located at CrèveCoeur, 61210 Giel Courteiles, France (hereinafter referred to as “CrèveCoeur”).
Director of publication: Albéric de Rougemont
Connection to the www.calvadoscrevecoeur.com website implies acceptance of these Legal Notices.
CrèveCoeur reserves the right to modify and update these Legal Notices at any time, it being specified that the modification and updating of the Legal Notices are compulsory as soon as they are put online.
CrèveCoeur maintains this Site for the use of persons legally authorised to consume or purchase alcoholic beverages in countries where the consumption or purchase of alcoholic beverages is legal.
CrèveCoeur holds the domain name of the www.calvadoscrevecoeur.com website.
This Site and any software used in connection with the Site may contain confidential information or information protected by intellectual property or other laws.
Consequently, unless otherwise stated, the intellectual property rights on the documents contained on the Site and each of the elements created for the Site are the exclusive property of CrèveCoeur. CrèveCoeur does not grant any user licence or any other right to these elements, except for the right of consultation granted to Internet users.
In particular, the trademark rights and other intellectual property rights mentioned on the Site are the property of CrèveCoeur. The reproduction of any document published on the Site is authorised exclusively for personal and private use for non-commercial purposes. Any other type of reproduction and any use of copies for other purposes is explicitly prohibited.
With regard to software, it is forbidden to copy, modify, create a derivative work, reverse the design or assembly or in any other way attempt to find the source code (except in cases provided for by law), sell, assign, sub-license or transfer in any way whatsoever any right relating to the software. Similarly, it is also forbidden to modify the software or to use modified versions of the software and in particular (without this list being restrictive) in order to obtain unauthorised access to the service and to access the Site by any means other than through the interface provided to you by CrèveCoeur for this purpose.
Graphics, photographs and multimedia resources may not be reproduced without our prior consent. For graphic creations and illustrations, requests must be addressed to the rights holders.
All photographs are protected by copyright and image rights: any representation or reproduction, even partial, made without the consent of CrèveCoeur or the authors and their assigns is illicit. Only copies or reproductions strictly reserved for the private use of the copyist and not intended for collective use are authorised. Any other use must be the subject of an authorisation requested directly from CrèveCoeur at the following e-mail address:
The use of all or part of the Site, by downloading, reproduction, transmission, representation or distribution for purposes other than personal and private use for non-commercial purposes by the Internet user is strictly prohibited. The violation of CrèveCoeur’s rights exposes its author to the sanctions provided for both by the Intellectual Property Code, particularly with regard to copyright infringement (article L. 335-1 et seq.), trademark law (article L. 716-1 et seq.) and by the Civil Code with regard to civil liability (article 9, articles 1382 et seq.).
CrèveCoeur collects personal data, notably via the “CONTACT US” and “SHOP” sections of the Site and/or via other questionnaires.
CrèveCoeur undertakes to ensure that the collection and processing of data, carried out on the calvadoscrevecoeur.com site, complies with the general regulations on data protection (RGPD) and the French Data Protection Act (Loi Informatique et Libertés).
CrèveCoeur undertakes to preserve the confidentiality and security of personal data provided by visitors to our Site.
Each form or teleservice limits the collection of personal data to what is strictly necessary (data minimisation).
1. Responsible for processing: the person responsible for processing is CrèveCoeur.
2. Purpose of processing: the provision of personal data enables us to reply to messages sent by visitors to our Site via the “CONTACT US”, “SHOP” sections and/or via other questionnaires.
3. Optional or compulsory nature of the answers: the presence of an asterisk in the personal data collection form indicates that the answer is compulsory.
4. The possible consequences of a failure to reply: if the fields marked with an asterisk are not filled in, we cannot guarantee that your request will be followed up.
5. Recipients of the data: the personal data collected will be used by the persons of the communication and/or commercial department of CrèveCoeur in order to process the requests and questions posted on the Site via the headings “CONTACT US”, “SHOP” and/or via other questionnaires.
6. Rights of access, rectification, deletion and opposition: in accordance with law n°78-17 of 6 January 1978 relating to information technology, files and liberties, modified by law n°2004-801 of 6 August 2004, each visitor has the right to access and have rectified or deleted data concerning him/her, as well as the right to oppose the processing of this data on legitimate grounds.
7. Retention of personal data: CrèveCoeur undertakes to use information concerning personal data only for the time necessary to achieve the purposes described above.
CrèveCoeur’s Data Protection Officer (DPO) is your contact for any request to exercise your rights concerning the processing of your personal data by CrèveCoeur :
You can contact the DPO by post:
Data Protection Officer (DPO)
CrèveCoeur
61210 GIEL COURTEILLES
Browsing the www.calvadoscrevecoeur.com website website is likely to cause the installation of cookie(s) on the user’s computer. A cookie is a small file which does not allow the user to be identified, but which records information relating to the browsing of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site. Furthermore, these “cookies” are intended to enable CrèveCoeur to collect information on the frequentation of the CrèveCoeur Site and to establish commercial statistics.
CrèveCoeur undertakes to use the information obtained thanks to the installation of cookies only for the time necessary to achieve the purposes indicated above.
Refusal to install a cookie may make it impossible to access certain services. However, the user can configure his or her computer in the following way to refuse the installation of cookies:
Under Internet Explorer: tool tab (gear icon in the top right-hand corner) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.
Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab.
Set the Retention Rules to: Use custom settings for history. Finally uncheck it to disable cookies.
Under Safari: Click on the menu pictogram (symbolised by a cog) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. In the “Privacy” section, click on Content settings. In the “Cookies” section, you can block cookies.
Under Chrome: Click on the menu pictogram (symbolised by three horizontal lines) in the top right-hand corner of the browser. Select Settings. Click on Show advanced settings. Click on Show advanced settings. In the “Privacy” section, click on Content settings. In the “Cookies” section, you can block cookies.
CrèveCoeur undertakes to ensure, to the best of its ability, that the information published on the Site is correct and up to date. However, CrèveCoeur cannot guarantee the accuracy and completeness of the information provided on the Site, nor can it guarantee the accuracy and completeness of information from third parties.
CrèveCoeur therefore declines all responsibility:
– for any possible interruption of the Site;
– for any malfunction;
– for any error or omission in the information published on the Site;
– for any damage resulting from the unauthorised intrusion of a third party having modified the information provided on this Site;
– for any direct or indirect damage, whatever the cause(s), nature, origin or consequences.
The website www.calvadoscrevecoeur.com may include links to other websites or Internet pages. CrèveCoeur has no control over these external sites and elements. Therefore, CrèveCoeur cannot be held responsible for these external sites and elements and declines all responsibility for the content, advertising, products, services and any other element available on these sites or by external link. Furthermore, CrèveCoeur cannot be held responsible for any proven or alleged damage or loss resulting from or in relation to the access, use or the fact of having trusted the content, goods or services available on these external sites or sources.
CrèveCoeur reserves the right to correct the content of the Site at any time and without prior notice from the Internet user. Thus, any modification is deemed to be accepted without reserve by any Internet user who accesses the Site after it has been put online.
The present terms and conditions have been drawn up in accordance with French law and in particular with the provisions of law n°2004-575 of 21 June 2004 for confidence in the digital economy and law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, modified by law n°2004-801 of 6 August 2004.
The French courts have territorial jurisdiction to hear any dispute relating to the use of the Site, unless otherwise provided by Regulation No. 44/2001 of 20 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I).
The CrèveCoeur website is developed and designed by:
Web development
Pascal Passoni
10 avenue François Mitterrand 31270 FROUZINS, France
+33 7 82 84 98 91
www.nooxo.fr
Graphic design
Agence Le Secret Magnifique
537 Rue des Safranières
16590 BRIE – France
+33 5 45 25 25 47
www.lesecretmagnifique.com
The CrèveCoeur website is hosted by:
the company ONLINE SAS
Address: BP 438 75366 PARIS CEDEX 08
Information: RCS PARIS B 433 115 904
Tel: +33 1 84 13 00 50
Website: www.online.net
– Design: Le Secret Magnifique & Camille Moreau
– Development and integration: Nooxo
– Hosting: Online.net
– Photos and Videos: CrèveCoeur