GENERAL TERMS & CONDITIONS OF SALE LA CAVE GILBERT & GAILLARD
La Cave Gilbert & Gaillard is a website operated by FrenchiesWines, a limited liability company with
its head office at 7, Parc des Fontenelles, 78870 Bailly, France, registered in the Versailles Trade &
Companies Register under the number RCS Versailles 503 015 042, represented by Philippe Gaillard.
The website is registered under n° 2067275 v 0 with the French Data Protection Agency CNIL
The publication director is Philippe Gaillard
The website is hosted by Online.net
The La Cave Gilbert & Gaillard website operated by FrenchiesWines from France is an online sales
platform allowing individual, private customers over 18 to buy wine products marketed by
professional wine growers located in mainland France and Europe.
FrenchiesWines is not the producer of the products marketed online. Only the professional wine
growers who market their wine products on the website are classed as such.
Terms used
For ease of understanding, the terms below are defined as follows in these General Terms &
Conditions of Sale:
‘Customer’: Refers to individuals aged over 18 acting as consumers who have opened a User Account
on the Website and have placed an order via the Website to buy Products.
‘Wine grower’: Refers to a professional wine grower who has opened a User Account and wants to
market his/her wines via the Website.
‘User’: Refers to users of the Website who have opened an Account (defined hereafter), irrespective
of whether they are Wine Growers or Customers.
‘Product’: Refers to the wine product in the form of a bottle of wine marketed by the Wine Grower
via the Website operated by FrenchiesWines. Several bottles of wines are referred to as ‘Products’. A
product can also be marketed in the Accessories and Book Shop sections.
‘Fact Sheet’: Refers to the presentation of the fundamental characteristics and the price of a Product
marketed on the Website.
‘The Website’: Refers to the online website operated by FrenchiesWines and called La Cave Gilbert &
Gaillard.
Article 1. About - Scope - Terms of Use
The Website is currently available in French and will be made available in several languages.
Access and use of the Website are subject to the Terms & Conditions of the General Terms &
Conditions of Sale (referred to hereafter as ‘Website Terms’). By using the Services and the Website,
Users agree to the Website Terms and to the regular updates by FrenchiesWines. The Website Terms
apply to all sales of Products occurring on the Website and its Services and are designed to govern
relations between FrenchiesWines and Users and between Users. They are complementary to the
General Conditions of Use for Wine Growers which govern relations between Wine Growers and
FrenchiesWines.
As the Website Terms may be subject to change at all times, applicable Terms are those in effect at
the time the Customer places an order.
The Website Terms are accessible automatically to internet users from the Website home page.
Internet users simply have to click on the ‘General Terms & Conditions of Sale’ section. Website users
are advised to view this page regularly.
To place an order, clients must have an active account. An account can be created at any time on the
Website.
Consequently, visiting the Website, creating an Account, marketing Products or placing an order via
the Website implies full and unreserved agreement with the Website Terms.
Article 2. Fact Sheets
Products are tasted and selected as part of the tastings for the Gilbert & Gaillard guide and
International Competition before being featured on the Website. They are presented in Fact Sheets
with a description that enables the Customer to find out about their fundamental characteristics and
their Price.
Information regarding sales offers is provided by the Wine Growers who bear sole responsibility for
the compliance of the Product featured in the description. Tasting notes, however, remain the
responsibility of the Gilbert & Gaillard Panel.
Photos and artwork for the Products are supplied for illustration purposes and Products may differ
from them.
Article 3. Contract closure
3.1 Order process on the Website and order confirmation
a. Customers can order Products marketed by Wine Growers on the Website as long as Product
offers in the form of Fact Sheets can be viewed on the Website.
When an order involves Products from several Wine Growers, the Customer enters into a single
contract with FrenchiesWines which will stipulate shipping costs per Wine Grower.
To place an order, a minimum number of Products is required. The minimum number is 3 Products
per Wine Grower. The Customer is notified of this when the order is placed and confirmed.
After being able to check and change the contents and the price of his/her order, and to be able to
finalise his/her order and pay, the Customer fully and unreservedly accepts the Website Terms by
clicking on the box ‘I accept the General Terms & Conditions of Sale’.
The language used for closing the order is French.
b. A confirmation e-mail of the order is then automatically sent to the Customer (the e-mail
mentions all information required under article L. 121-19 of the Consumer Code)
However, the sales contract is subject to the resolutory condition that the Product is available (cf
article 3.2 below) and that FrenchiesWines has confirmed payment.
Once the order has been processed and confirmed to the Customer, information on the Customer’s
order will remain accessible in his/her account in the ‘My Orders’ section.
3.2 Availability of the Product(s) Resolutory Condition
The sales contract is subject to the resolutory condition that the Products are available and
FrenchiesWines has confirmed receipt of payment.
As soon as the Customer’s order is processed, the Wine Grower is immediately notified by
FrenchiesWines via e-mail that one or several of the Products that he/she has posted online has been
ordered by a Customer. The Wine Grower then has 48 business hours to confirm availability of the
product, prepare the parcel and hand it over to the carrier.
In the event that one Product is ordered by several Customers at the same time and the Product is
no longer available in sufficient quantities to supply all the orders, it will be sold on a first come first
served basis, in chronological order. The order will then be declared null for the other Customers.
In the event of a Product (s) not being available after the order has been placed or failure by the
Wine Grower to indicate the availability of a Product (s) within 48 business hours after the Wine
Grower has been notified of the Customer’s order by FrenchiesWines, the Customer will be notified
by e-mail sent by FrenchiesWines. The Customer will then be offered a similar Product by
FrenchiesWines or will be offered a refund for the amount debited. For the latter choice, the contract
between the Customer and FrenchiesWines will be automatically terminated and each of the parties
will be released of its obligations. The Customer’s bank account will be credited with the amount of
the cancelled order within 7 days.
Under no circumstances will FrenchiesWines be held liable for any stock shortages that could cause a
delay in delivery.
As a reminder, only the Wine Grower controls Product availability. The sales contract shall be
deemed effective from that point onwards.
FrenchiesWines reserves the possibility to cancel any orders that do not comply or are suspect as
well as those from clients with whom there are any disputes.
Article 4. Prices and payment terms
4.1 Selling prices
a. The Price of each Product stated on the Fact Sheet is the winery’s price set by mutual
agreement between the Wine Grower and FrenchiesWines, except for promotions in which
case the price can be freely set between the Wine Grower and FrenchiesWines as part of
negotiations specific to the promotion.
The Price on the Website is quoted in Euros, inclusive of all taxes but excluding delivery costs.
b. Unless otherwise stated, delivery costs are always charged to the Customer. Delivery costs
are automatically added to the price of the Product before the Customer’s order is
confirmed.
4.2 Terms of payment
Payment of the Price for the Product(s) and delivery costs occurs when an order is placed with
FrenchiesWines on the Website and, as per Article 4.1.b, after express acceptance of the terms and
transport costs by the Customer.
The Price is paid by bank card. The Customer’s account is debited for the purchased Products as soon
as the order is placed and confirmed online.
In the event of payment not being received by FrenchiesWines within 48 hours of the order being
placed, the sales contract is immediately declared null (cf Article 3.1. b). Each of the parties is then
released of their obligations.
The Customer shall provide accurate, complete and non fraudulent details during payment of the
order. The Customer declares and guarantees that he/she is fully able and authorised to use the bank
card and that he/she has sufficient funds in the account of the bank card used to pay for his/her
order.
In conjunction with the Crédit Agricole bank, FrenchiesWines may conduct checks to guarantee the
authenticity of payments and therefore request supporting documents from the Customer which
he/she agrees to forward within 48 hours. In the event that these documents are not received within
the agreed time frame, or do not comply, FrenchiesWines reserves the right to cancel the order (s).
Payment for orders placed on the Website is made to FrenchiesWines which collects the funds.
A detailed invoice by FrenchiesWines is forwarded to the Customer when the parcel is shipped.
4.3 Secure payments
FrenchiesWines uses the most effective secure systems to date that establish a secure, encrypted
connection directly between the Customer and the bank. FrenchiesWines reserves the right to
change systems at any time.
Under no circumstances does FrenchiesWines have access to the confidential information related to
the means of payment used by the Customer, which is why the Customer’s bank details will be
requested for each new order.
Although FrenchiesWines uses secure encrypted software, the security of information and payments
transiting via the internet or by e-mail cannot be guaranteed.
FrenchiesWines cannot be held liable from damages resulting from use of electronic communication
facilities.
Article 5. Shipping and delivery
5.1 Delivery of the Product (s) is currently available in mainland France, Corsica and Europe.
5.2 Delivery costs are invoiced to the Customer at the going rate at time of order.
5.3 As soon as payment, as per the terms laid out in Article 4, has been credited to FrenchiesWines’
account, the Wine Grower has confirmed availability of the Product (s) (in accordance with Articles
3.1.b and 3.2) and has packaged them, the Product (s) will be handed over to the carrier within 48
hours. The Wine Grower shall use the packaging designed for delivery of his/her Product.
The Wine Grower ensures that the information passed on to the carrier is accurate and allows the
order to be delivered quickly to the Customer.
5.4 Products are delivered within 15 business days at the most, except in the event of force majeure.
Delivery times stated cover processing, preparation and shipping time for orders, as well as the
delivery time of the transport provider. They begin as soon as the order has been confirmed, as per
Articles 3.1.b, 3.2 and 4.
For orders involving several Wine Growers, as the parcels leave different places, delivery days may
vary.
5.5 Products are delivered to the delivery address specified by the Customer when the order is
placed or at a collection point if the Customer specified this when contact was established with the
carrier. The Customer is then responsible for receipt and/or collection of his/her parcel.
In the event of a delivery address being incomplete or wrong or the parcel not being collected,
forcing the carrier to return the ordered Product (s), all extra costs caused by this shortcoming or
mistake will be entirely borne by the Customer. The order will only be re-shipped when the Customer
has paid the new shipment costs.
5.6 Products travel at the expense and risks of FrenchiesWines.
Products are delivered according to the carrier’s general terms and conditions for delivery. Under no
circumstances can any incident occurring during transport be attributable to FrenchiesWines.
However, FrenchiesWines will ensure the Wine Grower and/or Customer are reimbursed, depending
on the circumstances.
5.7 The state of the parcel and Products is deemed checked when the carrier’s delivery note has
been signed by the Customer.
Any deterioration, non compliance or loss on delivery must be notified immediately and on delivery
by the Customer to the carrier in writing and dated along with the Customer’s signature on the
delivery note.
If the Customer refuses the parcel due to an anomaly or non compliance, he/she must notify this on
the carrier’s bill of lading.
In the event of purchases from a Wine Grower, the Customer has 14 days after delivery to express
reserves to the shipper if there is any damage.
Article 6. Right of withdrawal
6.1 In accordance with legal provisions in effect at the time, as part of a purchase from the Wine
Grower, the Customer has 14 days starting from receipt of the Product (s) ordered to exercise his/her
right of withdrawal with regards to FrenchiesWines without having to give any reasons or pay any
penalties.
The Customer exercises his/her right of withdrawal to FrenchiesWines by sending an e-mail to
serviceclient@gilbertgaillard.com, specifying the order number and the Product references for which
he/she is exercising his/her right of withdrawal. FrenchiesWines will then notify the Wine Grower by
sending an e-mail.
6.2 In the event of a right of withdrawal being exercised within the afore-mentioned time frame,
only the price of the Product (s) bought and for which the right of withdrawal is being exercised by
the Customer will be reimbursed by FrenchiesWines. The cost of returning the Product (s) will be
charged to the Customer.
If the Customer requests a refund, FrenchiesWines will reimburse the Product (s) by crediting the
Customer’s bank account no more than 30 days after the date at which the right of withdrawal has
been exercised.
6.3 The order must be returned in perfect condition to the Wine Grower in its original packaging or in
suitable packaging and in a condition in which the Product (s) can be re-sold (unopened bottles,
undamaged corks and labels etc) along with the invoice, then sent in identical conditions to those in
which it was shipped.
The Customer has 15 days from the time at which he/she notified FrenchiesWines of his/her right of
withdrawal to return the goods. The cost of returning the goods will be charged to the Customer. The
Customer who returns the goods shall keep proof of returning the Product (s). Proof will either be in
the form of a receipt of registered post or by presenting a document handed over by the carrier
tasked with transporting the returned Product (s).
The right of withdrawal cannot be exercised on certain contracts, namely En Primeur sales, in
compliance with Article L221-28 of the Consumer Code.
Article 7. Complaints
7.1 FrenchiesWines is committed to offering a quality service to its Users.
Therefore, any Customer can notify FrenchiesWines by sending an e-mail to
serviceclient@gilbertgaillard.com, within 7 days of receiving an order, of any complaints related to
the Products ordered, according to the following criteria:
- Failure to receive a Product: The Product has not been received by the Customer.
- Non compliance of a Product: The Product received is not the one ordered.
- Damaged Product: The Product received is damaged or broken.
7.2 In the event of a complaint by a Customer regarding a Product, FrenchiesWines informs the Wine
Grower as soon as possible by sending an e-mail. The Wine Grower shall therefore use any means in
his/her power, in conjunction with FrenchiesWines, to manage the above-mentioned incidents.
Disputes will therefore be resolved between the Customer, FrenchiesWines and the Wine Grower
who will do their utmost to ensure the dispute is resolved amicably.
7.3 Depending on the circumstances, the complaint notified will either lead to the Products ordered
being returned or the Customer being partially or entirely refunded. FrenchiesWines handles the
Customer refund. In the event that the Wine Grower is liable for the dispute, he/she will then refund
FrenchiesWines the amount paid by the Customer.
7.4 The Customer will be responsible for organising the return of Products to the Wine Grower.
Depending on the Wine Growers’ liability, FrenchiesWines will bear the cost, or not, of shipping or
returning the Products. If the Wine Grower is liable, he/she will bear these costs.
Article 8. User account
8.1 In order to benefit from the Website and its Services, the internet user must create an account
using the online form provided (defined hereafter as ‘User Account’) and provide accurate and
complete personal data and information enabling the User to be defined as well as those enabling
him/her to be identified (user ID and password). Opening a User Account and using the Website and
its Services is reserved for people over 18. They are free of charge and without obligation to
purchase. Signing up on the Website and to its Services also implies acceptance without reservation
of the Website Terms and any relevant contractual document. The User remains free to modify at
any time the contents of information and data passed on during creation of a User Account.
8.2 There are currently no provisions for Customers to be able create a User Account via certain
social media websites. However, were this to change, the Website Terms will be updated.
8.3 A User Account can be accessed by entering the user ID and User’s password, with the User solely
responsible for password confidentiality. As a reminder, all ID related to the User Account distributed
by FrenchiesWines to the User is strictly personal and can only be used by authorised users. The User
must therefore keep his/her user UD and password secret and inaccessible to third parties. The User
is solely responsible for access to the Website and its Services via his/her user ID and password,
except for proof of fraudulent use that cannot be ascribed to him/her.
8.4 Use of the Website after registration as a User is valid for an unlimited duration.
As a reminder, privacy of correspondence is not guaranteed on the Internet and each Internet user
must take all necessary precautions to protect his/her personal data and/or software from
contamination by possible viruses on the Internet.
In the event of loss, misappropriation or fraudulent use of his/her user ID and/or password, the User
agrees to inform FrenchiesWines immediately by sending an e-mail via the contact form.
Article 9. Personal data and CNIL
When creating his/her User Account, the User agrees to provide the personal information and data
required (hereafter referred to as Data) and certifies that all the information and data are true.
Data supplied by the User during order placement (name, first name, date of birth, address,
telephone number etc) via the Website are intended for FrenchiesWines and are used to process and
follow orders, enable customer service and meet the legal and statutory requirements lying with
FrenchiesWines.
Regarding data involving the Wine Growers’ Products ordered by the Customers which is collected
via the Website and its Services, FrenchiesWines informs Customers that it is intended for
FrenchiesWines and that only information required for delivery of the Products, and for that purpose
only, will be transferred to the Wine Grower. Under no circumstances can it be used for other
purposes.
Wine Growers shall ensure the security of Customers’ Data which they will keep in order to fulfil and
follow orders. Should difficulties arise regarding Data processing, the Wine Grower can turn directly
to FrenchiesWines under conditions laid out either in the Website Terms or in the General Conditions
of Use for Wine Growers.
As part of the Website Terms, Users may receive information by e-mail from FrenchiesWines
regarding the Website and Services.
In compliance with provisions under the January 6, 1978 Bill n°78-17, the Website has been
registered under 2067275 v 0 with the French Data Protection Agency CNIL.
The User has a right to access, change, remove and correct his/her personal information by sending
an e-mail to lacave@gilbertgaillard.com or by using the contact form or by post to FrenchiesWines, 7,
Parc des Fontenelles, 78870 Bailly, France.
As a reminder, all ID pertaining to the User Account allocated by FrenchiesWines are strictly personal
and can only be used by authorised Users. The User keeps his/her user ID and password secret and
inaccessible to third parties.
Article 10. User relations
For any information or question, the Website has a department in charge of User relations that can
be reached:
- By telephone on + 33 1 30 80 08 08 from 9 am to 7 pm
- By e-mail via the contact form or via the address lacave@gilbertgaillard.com
- By post to FrenchiesWines, 7 Parc des Fontenelles, 78870 Bailly, France.
Article 11. Vouchers
A Voucher is a non exchangeable, non transferable, non refundable credit note placed in the
Customer’s basket.
The Customer can use one or several Vouchers to pay for his/her order.
If the total amount of Vouchers used is higher than the order amount, FrenchiesWines cannot give
any change.
If the total amount of Vouchers used is lower than the order amount, the Customer must pay the
difference.
A Customer can obtain a voucher:
As part of a commercial gesture by FrenchiesWines. The Voucher is valid for a year starting from the
date it was created.
As part of promotions organised by FrenchiesWines or its partners.
As part of a refund for a Product bought using a Voucher. The Customer then receives another
Voucher valid for 90 days. The value of this Voucher cannot exceed the total amount of Vouchers
used on purchase. Any remaining amount will be refunded to the bank card used during payment.
Article 13. Guarantees
Products offered on the Website via its Services are covered by French legal guarantees. Thus,
FrenchiesWines cannot be held liable if the contents of the Products sold are faulty or not fit for
consumption. In accordance with legal provisions in effect regarding compliance of the goods or
hidden defects, faulty Products or ones that do not match the order will be refunded.
These guarantees are without prejudice to the right of withdrawal specified in Article 6 hereof.
Article 14. Intellectual property rights
Intellectual property rights pertaining to the brands, software and content provided to Users on or
through the Website and its Services remain the ownership of FrenchiesWines and any licensor and
are protected by the laws and regulations that may be relevant. Consequently, any reproduction,
representation or modification of the software and content of the Website and its Services by any
User for commercial or professional purposes is forbidden.
The sales contract between FrenchiesWines and the client does not entail any transfer of intellectual
or industrial property.
Article 15. Sale of alcoholic drinks Minors Legal capacity
In compliance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic drinks to minors
is forbidden.
All offers presented on the Website are therefore reserved for adults aged over 18 with legal
capacity.
When placing orders and/or creating a User Account, the User or Customer confirms and certifies
that he/she is of legal age and has full legal capacity to enter into a sales contract with
FrenchiesWines.
Furthermore, alcohol abuse is hazardous for your health and alcohol should be drunk in moderation.
For information relevant to the health of each internet user, FrenchiesWines advises them to turn to
their general practitioner.
Article 16. General provisions
16.1 Computer-generated registers, stored in FrenchiesWinescomputer systems in reasonable
conditions of security will be considered proof of communication, orders and payments occurring in
application of the Website Terms.
16.2 Termination
a. FrenchiesWines reserves the right to terminate the User Account at any time by e-mail,
provided reasonable notice is given. In the event that obligations inherent to the User’s
responsibility are not met as well as failure to comply with essential obligations, access to
his/her User Account can be temporarily or permanently suspended, immediately and
without warning, via the deactivation of the User Account, without prejudice to the other
rights of FrenchiesWines. The Website Terms will be terminated in the same conditions as
normal termination (cf. Article 17.2 b).
b. The User shall be able to delete his/her User Account by simply sending an e-mail with
receipt confirmation. The User and FrenchiesWines will then have 15 business days in which
to honour their respective commitments. For the Wine Grower, this implies fulfilling an order
with the same attention as before, and for the Customer, remaining liable for any amount
due, until the User Account is actually closed down. FrenchiesWines agrees to delete the
User Account and any information and data linked to it.
16.3 Liability limitation
FrenchiesWines only has a best-efforts obligation regarding the information and in particular the
photos featured on the Website, namely on the Fact Sheets. They are supplied with no condition or
guarantee of them being accurate, complete and updated.
Unless otherwise provided, and within the limits specified by French law, FrenchiesWines explicitly
excludes any liability for any damage, including and without limitation, any direct, indirect, special,
consequential or incidental damage, or any damage pertaining to loss of use, benefits, data or any
other intangible property, damage caused to clientele or reputation, or the purchase cost of
replacement products and services stemming from or linked to use, or impossibility of use,
performances or dysfunction of the Website and elements posted on it, regardless of the fact that
these damages could be considered as predictable by virtue of the contract, tortious liability, case
history or any other body of applicable rules.
This provision has no impact on the responsibility of FrenchiesWines in the event of a death or
injuries resulting from its negligence or its responsibility in the case of a false declaration,
misrepresentation as to a fundamental matter or any other responsibility which cannot be excluded
from or limited by virtue of law.
Searching the internet and placing an order on the internet implies knowledge and acceptance of the
characteristics and risks associated with the internet in terms of technical performance, response
time, risks of downtime, viruses and more generally all the risks associated with connections and
data transfer on the internet. Internet users must take all appropriate measures to protect their own
data and information stored on their computer equipment. The creation of hypertext links towards
the Website is subject to prior agreement by FrenchiesWines. Hypertext links established from the
Website to other websites cannot, under any circumstances, constitute grounds for liability of
FrenchiesWines.
16.4 Nullity of a clause
Any clause in the Website Terms that should be declared null in application of a law, a regulation or a
permanent decision by a court that has jurisdiction, will indeed be rendered without effect, but its
nullity shall not adversely affect other stipulations or affect the validity of the Website Terms. As far
as possible, where a clause/sub clause or part of a clause/sub clause can be separated from the rest
of the clause in order to render the remaining part valid, the clause must be interpreted accordingly.
Otherwise, the User agrees for the clause in question to be rectified and interpreted in such a way
that it approaches the original meaning of the clause, in accordance with the law.
16.5 Disputes and governing law
The Website Terms are governed by French law. Any dispute arising from them which cannot be
resolved amicably in the first instance, namely in accordance with Article 7.3, will be submitted to
the courts of the head office of the FrenchiesWines company.