Effective as of 04/12/2020

 

1. Legal information

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EARL PESTOURY 

Head office: 6 chemin de Saraillé, 33370 Yvrac 

SIREN : 411 130 255  

French VAT number: FR81411130255

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Protection of minors

In accordance with article L. 3342-1 of the Public Health Code stipulating that the sale of alcohol to minors is prohibited, the creation of an account and the order with Vignoble Pestoury  are strictly reserved adults 18 and over.

Alcohol abuse is dangerous for your health, consume in moderation

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ARTICLE 1: SCOPE

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These Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the site www.vignoble-pestoury.com.

The Products offered for sale on the site are as follows: 

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The main characteristics of the Products and in particular the specifications, illustrations and technical indications of the Products are presented on the site www.vignoble-pestoury.com which the customer is required to read before ordering.

 

The choice and purchase of a Product are the sole responsibility of the Customer 

Product offers are within the limits of available stocks, as specified when placing the order.

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These T&Cs are accessible at any time on the Vignoble Pestoury website (www.vignoble-pestoury.com)  and shall prevail over any other document.

The Customer declares to have read these GCS and to have accepted them by ticking the box  provided for this purpose before the implementation of the online ordering procedure of the site www.vignoble-pestoury.com.  

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

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The Seller's contact details are as follows:

EARL PESTOURY

Share capital: 7622.45 euro

Registered with the RCS of Bordeaux, under number 411130255

6 chemin de Saraillé, 33370 Yvrac 

email: bpestoury@free.fr

phone: 0686820219 / 0688531823 

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ARTICLE 2: PRICE 

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The Products are supplied at the prices in force appearing on the site www.vignoble-pestoury.com, when the order is recorded by the Seller.

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Prices are expressed in Euros, excluding tax and including tax 

The Prices take into account any reductions that may be granted by the Seller on the www.vignoble-pestoury.com website.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time. 

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order for any quantity below 24 bottles. .

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The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.

 

ARTICLE 3:  ORDERS

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It is up to the Customer to select on the website www.vignoble-pestoury.com the Products he wishes to order according to the following methods:  

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Le  Customer fills his basket as he can sort his order with the different sorting options present in the Shop (red wine, rosé wine, white wine ...). Once the order has been established, the Customer can choose between several types of withdrawal of his order: delivery to an address that he indicates when filling out the delivery form or he can choose the option of a withdrawal at the property. at 14 Tellas Road. Delivery charges cannot be changed and are explained in the delivery policies. They are calculated according to the quantity of bottles  ordered and ne   may be subject to negotiation. Finally, the Customer can validate his order and proceed to payment according to the terms provided, a validation e-mail is automatically sent following the order. 

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Product offers are valid as long as they are visible on the site, within the limits of available stocks.

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The Sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and immediately report any errors. 

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Any order placed on the site www.vignoble-pestoury.com constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

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The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

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The Customer will be able to follow the progress of his order on the site. 

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ARTICLE 3 BIS: CUSTOMER AREA -ACCOUNT 

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In order to place an order, the Customer is invited to create an account (personal space)

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To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.

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The Customer is responsible for updating the information provided, it is specified to him that he can modify it by logging into his account.

To access his personal space and order history, the Customer must identify himself using the username and password which will be communicated to him after registration and which are strictly personal. As such, the Client refrains from any disclosure thereof. Otherwise, he will remain solely responsible for the use that will be made of it.

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The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: bpestoury@free.fr. This will be effectively effective within a reasonable time.

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In the event of non-compliance with the T&Cs and/or use, the www.vignoble-pestoury.com site will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and which has had no effect.

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Any account deletion, for whatever reason, results in the pure and simple deletion of all personal information of the Customer. 

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Any event due to a case of force majeure resulting in a malfunction of the site or the server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller. 

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The creation of the account entails the acceptance of these GCS.

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ARTICLE 4: PAYMENT TERMS 

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The price is paid by secure payment, according to the following terms:

payment by bank card

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Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for les bank transactions carried out on the site www.vignoble-pestoury.com

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Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

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The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

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ARTICLE 5: DELIVERIES 

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The Products ordered by the Customer will be delivered in mainland France. 

Les  deliveries take place within 14 working days. For deliveries below  24 bottles we use an express delivery service which allows delivery usually between 3 and 5 days. 

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Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

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The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified above.

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If the Products ordered have not been delivered within 14 working days, the Customer may cancel his order within 14 days of exceeding the delivery time after the indicative delivery date, for any reason other than force majeure or the act of the Customer, the sale may be canceled at the written request of the Customer under the conditions provided for in articles  L 216-2, L 216-3 and L 241-4 of the Code consumption. The sums paid by the Customer will be returned to him no later than 14 days following the termination of the contract, excluding any compensation or deduction. 

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Deliveries are made by an independent carrier, to the address given by the Customer when ordering and which the carrier can easily access. 

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When the Customer is responsible for using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.

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In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing on an estimate previously accepted in writing by the Customer. 

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The Customer is required to check the condition of the products delivered. It has a period of one month after delivery. To make a complaint, the Customer must send us a letter with acknowledgment of receipt accompanied by all the supporting documents relating thereto (photos in particular) at the following address: 6 chemin de Saraillé, 33370 Yvrac. No other form of complaint is accepted. After this period and failing to comply with the formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

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The Seller will replace as soon as possible and at its expense, the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217 -4 and following of the Consumer Code and those provided for in these GCS. 

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The transfer of the risks of loss and deterioration relating thereto will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk and peril except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

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ARTICLE 6: TRANSFER OF OWNERSHIP 

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The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.

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ARTICLE 7: RIGHT OF WITHDRAWAL 

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According to the terms of article L221-18 of the Consumer Code "the consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following telephone canvassing or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L 221-23 to L 221-25 . 

The period mentioned in the first paragraph runs from the day:

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1° The conclusion of the contract, for contracts for the provision of services and those mentioned in Article L 221-4;

2° From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded outside establishments, the consumer can exercise his right of withdrawal from the conclusion of the contract.

In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch of the last piece.

For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

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The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the will to retract and in particular by postal mail addressed to the Seller at the postal or e-mail address indicated in article 1 of the GCS.

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Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing remarketing in new condition, accompanied by the purchase invoice. 

Damaged, soiled or incomplete Products are not taken back.

The return costs remain the responsibility of the Customer. 

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.

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ARTICLE 8: RESPONSIBILITY  FROM THE SELLER - GUARANTEES 

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The products supplied by the Seller benefit from: 

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    - the legal guarantee of conformity, for Products that are defective, damaged or damaged or that do not correspond to the order. material, design or manufacture affecting the products delivered and rendering them unfit for use.

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Provisions relating to legal warranties 

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Article L 217-4  of the Consumer Code.

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"The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to him by the contract or was carried out under his responsibility"

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Article L 217-5 of the Consumer Code.

"The property is in accordance with the contract:

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1° If it is specific to the use usually expected of a similar good and, where applicable:  

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

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2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. " 

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Article L 217-12 of the Consumer Code 

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"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods"

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Article 1641 of the Civil Code 

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"The Seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or 'would have paid less if he had known them'

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Article 1648 paragraph 1 of the Civil Code

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"The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect"

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Article L217-16 of the Consumer Code 

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"When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

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In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the products or of the existence of hidden defects from the time of their discovery.

The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective. 

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Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts. 

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Reimbursements, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within two months after the finding of the lack of conformity or the hidden defect to reimburse the products. This refund can be made by bank transfer or check.

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The responsibility of the Seller cannot be engaged in the following cases: 

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- non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Customer to verify,

- in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure

- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

 

The Seller's warranty is in any condition  of cause, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect. 

 

ARTICLE 9: DATA PERSONNELLES 

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The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution  of the sales contract. 

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9.1 DATA COLLECTION ACHARACTER PERSONNEL 

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The personal data collected on the www.vignoble-pestoury.com website are as follows:

Account opening: When creating the Client/User account: surnames, first names, postal address, telephone number and email address

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Payment: As part of the payment for the Products offered on the www.vignoble-pestoury.com site, this records financial data relating to the Customer's bank account or credit card/user 

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9.2 RECIPIENTS OF DATA ACHARACTER PERSONNEL

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Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficiency of the sale and delivery of the Products.

The category or categories of co-contractor(s) is (are):

Transport service providers and payment institution service providers

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9.3 RESPONSIBLE FOR PROCESSING

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The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data_cc781905-5cde-3194-bb3b -136bad5cf58d_personal.

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9.4 LIMITATION OF PROCESSING

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Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

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9.5 DURATION DE CONSERVATION DESDATA 

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The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability 

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9.6SECURITY ETPRIVACY 

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The Seller implements organizational measures,techniques, software and physical digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not aenvironment completely  secure and the Seller cannot guarantee the security of the transmission or storage of information over the Internet 

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9.7 IMPLEMENTATION OF CUSTOMER AND USER RIGHTS 

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In application of the regulations applicable to personal data, Customers and users of the www.vignoble-pestoury.com site have the following rights :

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- They can update or delete the data concerning them as follows: To delete personal data, the customer can first send an email to the company EARL PESTOURY via bpestoury@free.fr. Otherwise the deletion of his user account will result in the deletion of all of his personal data. 

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- They can delete their account by writing to the email address indicated in article 9.3 "controller".

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- They can exercise their right of access to know the personal data concerning them by writing to the address indicated  in article 9.3 "controller".

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-If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "data controller".

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- They can request the deletion of their personal data, in accordance with the applicable data protection laws by writing in article 9.3 "controller".

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- They can also request the portability of the data held by the Seller to another service provider 

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- Finally, they can object to the processing of their data by the Seller 

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These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or email to the data controller whose contact details are given above.

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The controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer's request, the latter must be motivated. 

The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.

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The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

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ARTICLE 10: PROPERTY INTELLECTUELLE 

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The content of the www.vignoble-pestoury.com site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. 

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ARTICLE 11: APPLICABLE LAW - LANGUAGE 

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These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. 

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ARTICLE 12: DISPUTES 

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For any complaint, please contact customer service at the Seller's postal or email address indicated in article 1 of these GCS.

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The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or any other alternative method of dispute settlement  (conciliation for example) in the event of of dispute. 

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The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home .show

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All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. commmon.

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Annex 1: Withdrawal form:  

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DATE: 

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on the Vignoble Pestoury site, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable GCS.

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For the attention of EARL PESTOURY, 6 chemin de Saraillée, 33370 Yvrac 

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I hereby notify the withdrawal of the contract relating to the property below:  

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- Order of (indicate the date)

- Order number:  

- Customer Name: 

- Customer address:

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Signature of the Customer (only in the event of notification of this form on paper) 

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