General Terms and Conditions of Sale to Consumers

Alcohol abuse is dangerous for health, know how to consume in moderation.
Pursuant to Article L. 3342-1 of the French Public Health Code prohibiting the sale of alcohol to minors under the age of eighteen (18), by validating his order the customer represents and warranties to be eighteen years old at least on the date of the order.

1 – Application of the general terms and conditions of sale and definitions

1.1

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”).

1.2

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.

1.2.1 – The Package(s)

« 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.

1.2.2 – The consumer

« 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.

1.2.3 – The Contract

« 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).”

1.2.4 – CrèveCoeur

« 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.

1.2.5 – The Product(s)

« 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.

2 – Order – validation or total or partial cancellation of the order

2.1

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.

2.2

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.

2.3

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.

3 – Price and delivery options

3.1

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:

3.1.1

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) ;

3.1.2

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.

3.2

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.

4 – Invoicing and payment terms

4.1

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.

4.2

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.

5 – Delivery

5.1

The Consumer must make sure of the exactitude of the information which he mentions on his purchase or-der, in particular his address of delivery because his address will be reported in the state on the delivery order.

5.2

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.

6 – Warranty, receipt, acceptance or reservation without reserves or refusal, and conservation of the Prod-ucts

6.1

The Products benefit from the legal guarantee of conformity and the guarantee against hidden defects as defined in Articles L217-4 and following of the French Consumer Code. Either (extracts):

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. (…)”

6.2

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.

7 – Receipt of the package, including the Products:

7.1

Upon receipt of the package, the Consumer must verify in quantity and apparent quality: (a) the con-formity of the package(s) before unpacking and unpacking the Products and (b) check in the same way the Products at the order form published and transmitted by CrèveCœur with the delivered Products.

7.2

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).

7.3

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.

7.4

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:

• Do not open the damaged package (opening the damaged package excludes CrèveCoeur’s guarantee of compliance and any recourse against CrèveCoeur);
• Immediately notify the deliveryman of any com-plaint related to the quantities and/or quality of the packaging of the delivered Products (open, dam-aged, etc.) and generally any anomaly detected, clearly and precisely and confirm this by registered letter with AR, or according to an emergency correspondence allowing the “traceability” of it (e.g. DHL, FEDEX, etc.) within the deadlines and forms set by law, and at the latest within three (3) working days from delivery;
• inform in the same time and form conditions these anomalies detected in the “Complaint Service” of CrèveCoeur ;
• within five business days of delivery, return by the deliveryman or by the Post Office the damaged and unopened parcel with all of the Products affected by an anomaly.

8 – Preservation

In any circumstances, The Consumer must keep the Products in a dark, dry place with a constant tem-perature between 15° and 20°.

9 – Right of withdrawal for Products ordered by internet or mail order

9.1

In accordance with the French Consumer Code, the Consumer can without motifs exercise his/her right of withdrawal and return the Products within 14 (fourteen) days from the day of receipt of the Products ordered by internet or mail order.

9.2

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.

9.3

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.

9.4

Following the French Consumer Code, the Products returned after this period will not be accepted nor be reimbursed.

9.5

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.

9.6

Under Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised whenever the Products is :

• Uncorked after delivery as they can no longer be marketed and, for sanitarian and health protection’s rea-sons;
• Personalized following specifications given or chosen by the Consumer (in particular a personalization of the packaging and/or the bottle by a message or other inscription).

9.7

The Consumer who exercises his right of withdrawal in accordance with article L221-24 of the French Con-sumer Code and the present conditions may obtain a refund (a) of the Products returned in perfect condi-tion and (b) of the costs* of delivery of the order upon presentation of the proof of payment provided that the Consumer uses the same mode of delivery as that used by CrèveCoeur at a cost usually practiced on the market or according to a method of return reasonably chosen by the Consumer or the one asking by CrevCoeur. Additional delivery charges are not refunded when the Consumer has chosen a more expensive delivery method than the standard delivery method proposed by CrèveCoeur.

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.

9.8

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).

10 – Warranty against hidden defects and return for defect of the Product(s)

10.1

The Products benefit from the legal guarantee against hidden defects and return for defect of the Product as defined in articles 1641 and following of the French Civil Code. Or (excerpts):
Article 1641 of the Civil Code: “The seller is bound by the guarantee because of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish that use, that the buyer would not have acquired it, or would have given a lesser price, had he known it.”

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 (…).”

10.2

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.

10.3

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).

11 – Responsibility

11.1

Subject to the mandatory legal provisions in force, the maximum amount of damages that may be due by CrèveCœur au Consommateur is limited, regardless of the causes, the amount invoiced by CrèveCœur to the Consumer for the part of the order in question.

11.2

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.

12 – Intellectual Property

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.

13 – Collection and protection of personal data (GDRP)

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».

14 – Applicable law and competent jurisdiction

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