GENERAL TERMS AND CONDITIONS OF SALE
Last updated: 03/01/2025
Charles Mackay – Sole Proprietor
Charles Mackay, Sole Proprietorship
Registered with the Béziers Trade and Companies Register (RCS) under SIRET number: 80856509700025
Registered office: 17 avenue Hean Moulin, 34290 SERVIAN, France
EU VAT number: FR07808565097
Email: sara.lombardi@hotmail.fr
Tel: +33 (0)6 73 38 42 84
Tél : +33 (0)6 73 38 42 84
ARTICLE 1 – SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply to all sales concluded via the website https://domaine-obriere.fr/ (hereinafter referred to as the “Site”) and govern all relations between the company SCA SCOLMAT, a partnership limited by shares (Société en Commandite par Actions) registered with the Béziers Trade and Companies Register (R.C.S.) under SIRET number 80856509700025, whose registered office is located at 17 Avenue Jean Moulin, 34290 SERVIAN, France (hereinafter referred to as “EI Charles Mackay – Domaine les Obrières” or the “Seller”), and any adult person aged 18 or over with legal capacity (hereinafter referred to as the “Client”) wishing to place an order on the Site for products (the “Products”) offered for sale by the Seller.
They specify the conditions of ordering, payment, delivery, and the handling of any returns of Products ordered by Clients.
These General Terms and Conditions of Sale are accessible at any time on the Site and shall, where applicable, prevail over any other version or any other contradictory document.
Any order placed through the Site implies full and unconditional acceptance of these General Terms and Conditions of Sale to which the order is subject. Consequently, the Client acknowledges being fully informed that their agreement to the content of these General Terms and Conditions does not require a handwritten signature on this document.
Insofar as the Client wishes to order online the Products presented on the Site, validation of the order constitutes acceptance, without restriction or reservation, of these General Terms and Conditions of Sale.
As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client’s purchase is the one in force on the website on the date the order is placed.
The Client has the option to save or print these General Terms and Conditions, it being specified that both saving and printing this document are the sole responsibility of the Client.
The Client acknowledges having the required legal capacity to enter into a contract and to purchase the Products offered on the Site.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales through other distribution and marketing channels.
ARTICLE 2 – NATURE AND SCOPE OF THE PRODUCTS AND SERVICES
2.1 PRODUCT DESCRIPTION
Through this Site, the sole proprietorship Charles Mackay sells alcoholic beverages (hereinafter referred to as the Products).
The photographs and illustrations displayed on the Site are provided for informational purposes only and are not contractually binding.
The product descriptions are non-exhaustive reproductions of information appearing on the packaging and are shown on the Site.
The list of product ingredients is provided for indicative purposes on the Site; only the product labeling is authoritative. These elements cannot engage the Seller’s liability.
The Client acknowledges having read and accepted the specific conditions of sale (designation, price, components, weight, quantity, specific characteristics and cost of services, and limitations applicable to certain categories of Products).
The list of Products may be modified at any time by the Seller in order to better meet the Client’s needs and depending on the Products referenced and available at the estate. Offers are valid while stocks last.
2.2 PROMOTIONAL OFFERS
A Client placing an order on the Site may benefit from promotional offers identified as such on the date of the order and under the terms specified at the time the order is placed.
2.3 PRODUCT AVAILABILITY
The Products presented on the Site are offered for sale in mainland France and Europe.
Product and price offers are valid as long as they are visible on the Site and subject to availability.
Accordingly, Products displayed on the Site are considered to be in stock at the time the order is placed. However, if despite the Seller’s vigilance a Product becomes unavailable, the Seller will inform the Client by email or telephone within three (3) business days and will not charge the Client for the unavailable Product.
The remainder of the order, where applicable, shall remain valid.
ARTICLE 3 – ORDERING
It is the Client’s responsibility to select on the Site the Products they wish to order. The contractual information is written in the French language.
All orders, in order to be valid, must be placed on the Seller’s Site accessible at the following address:
www.
In accordance with Article 1127-2 of the French Civil Code, the Client has the opportunity to check the details of their order and its total price and to correct any errors before confirming it in order to express their final acceptance, at the latest at the time the Client validates the Order. Such validation implies acceptance of all of these General Terms and Conditions of Sale and constitutes proof of the sales contract. It is therefore the Client’s responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the Site constitutes the formation of a distance sales contract between the Client and the Seller.
The sale shall be deemed final only after the Seller has sent the Client confirmation of acceptance of the Order and after full payment of the price has been received by the Seller.
The Seller shall acknowledge receipt of the order sent to it by electronic means.
The order will be processed within a maximum period of five (5) to seven (7) days from the day following that on which the user has placed the order (Article L. 121-20-3 of the French Consumer Code).
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order. The Client will be notified by email, where applicable.
In the event of non-payment or refusal of payment authorization by accredited payment organizations, EI Charles Mackay reserves the right to refuse to fulfill an order.
Once the order has been validated and recorded, the Client will have permanent access to their order form on the Site via their Client account. This order form includes the list of Products ordered and the total amount of the order.
EI Charles Mackay ensures the written retention of contracts concluded electronically for an amount equal to or greater than €120 for a period of ten (10) years from the conclusion of the contract until the date of delivery of the goods, and for a period of ten (10) years from that date.
EI Charles Mackay also ensures that the user may access such contracts at any time upon request. Such a request may be made by email to the following address: sara.lombardi@hotmail.fr.
At the time of the online order, an email confirming the order and recalling the Products ordered and the amount of the transaction is sent to the Client.
Unless expressly accepted by the Seller, no request to modify an order may be taken into account by the Seller, even if such request is made before the scheduled date of preparation and/or delivery of the order.
The Seller is not intended to sell the Products on the Site to professionals, but only to consumers or non-professionals, for their personal needs.
The Seller therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than the “minimum number of identical items”.
The Seller shall retain ownership of the ordered goods until full payment of the price has been received.
ARTICLE 4 – PRICES
The prices of the Products ordered are those shown on the Site on the day the order is placed. They are always quoted in Euros, including all taxes, unless otherwise stated. These prices are, on that date, fixed and final and do not include handling, shipping, transportation, and delivery fees indicated on the Site, which are charged in addition.
ARTICLE 5 – PAYMENT TERMS
The price is payable in full at the time the order is placed by the Customer, via secure payment, according to the following methods:
• By bank cards: Visa, MasterCard, American Express, and other major cards
• By check made payable to: Domaine les Orbières – Charles Mackay
Payment data is exchanged in encrypted mode.
Payments made by the Customer will only be considered final once the amounts due have been effectively received by the Seller.
If the Seller entrusts the collection of its claim to a third party, the Customer shall also be liable for reimbursement of any costs and fees incurred.
Computerized records maintained in the information systems of EI Charles Mackay under reasonable security conditions shall be considered as evidence of communications, orders, and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium, which can be produced as evidence.
ARTICLE 6 – ORDER DELIVERY – TRANSFER OF OWNERSHIP – TRANSFER OF RISK
6.1 DELIVERY
Wines ordered on this website can only be delivered within mainland France (excluding islands).
The order will be delivered to the address provided by the Customer at the time of order.
Shipping costs are valid for a single delivery address (any change of address after the order will incur additional delivery charges).
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Up to 6 bottles (1 carton) > including VAT
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7 to 18 bottles (2 cartons) > including VAT
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19 to 30 bottles (3 to 5 cartons) > including VAT
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Over 30 bottles (+ 5 cartons) > including VAT
Delivery will be made by a carrier within 5 to 7 days after receipt of your payment, depending on the department.
Delivery is completed upon transfer to the Customer of physical possession or control of the Product.
Unless otherwise specified or in case of unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make every reasonable effort to deliver the Products ordered by the Customer within the timeframes indicated above. However, these deadlines are provided for information purposes only.
If the Seller is unable to meet the scheduled dates and times, it will inform the Customer on the same day by any means (phone, email) to agree on a new date or cancel the order free of charge if it cannot be fulfilled on the new dates and times proposed to the Customer.
Subject to the foregoing, if the ordered Products have not been delivered within fifteen (15) days after the indicative delivery date, for any reason other than force majeure or the Customer’s fault, the sale may be canceled at the Customer’s written request under the conditions provided in Articles L 216-2, L 216-3, and L 241-4 of the French Consumer Code. Any sums paid by the Customer will then be refunded no later than fourteen (14) days following the date of contract termination, excluding any compensation or retention.
6.2 RECEIPT OF THE ORDER
The Products will be received by the Customer or any other person authorized to receive the Customer’s order. Receipt will involve signing a delivery note in duplicate. One copy is given to the Seller, and the other is retained by the Customer.
If the delivery occurs without direct contact between the Seller and the Customer, the Customer, or any person authorized by the Customer, will sign both copies of the delivery note left by the Seller at the delivery location. One signed copy will then be given by the Customer, or their authorized representative, to the person in charge at the delivery point, who will forward it to the Seller.
The Customer must verify the condition of the delivered Products. The Customer has 48 hours from delivery to submit, by email to sara.lombardi@hotmail.fr, any claims for non-conformity or apparent defects (e.g., damaged or already opened packages), with all supporting evidence (photos, etc.). After this period, and if these formalities are not respected, the Products will be deemed compliant and free of apparent defects, and no claim will be accepted by the Seller.
Any claim must be approved by the Seller to be valid. Upon receipt of the claim, the Seller will provide the Customer with a document specifying whether the exchange or refund will be processed. In such cases, the Customer must return the Products intact to the designated delivery point.
The Seller will refund or replace, as soon as possible and at its expense, any delivered Products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with Articles L 217-4 et seq. of the French Consumer Code and the provisions of these General Terms and Conditions of Sale (see guarantees, in particular).
6.3 TRANSFER OF OWNERSHIP – TRANSFER OF RISK
The transfer of ownership of the Products from the Seller to the Customer will only occur after full payment of the price by the Customer, regardless of the delivery date of the Products.
Regardless of the date of transfer of ownership, the transfer of the risk of loss or damage to the Products occurs only when the Customer takes physical possession of the Products. Until that moment, the Products are transported at the Seller’s risk.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with applicable legal provisions, the Customer has a period of fourteen (14) days from the receipt of the Product to exercise their right of withdrawal from the Seller, without having to provide any justification or pay any penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following notification to the Seller of the Customer’s decision to withdraw.
Returns must be made in their original condition and complete (including packaging, accessories, manual, etc.) so that they can be resold as new, and must be accompanied by the purchase invoice, to the following address:
Domaine les Orbières
17 Avenue Jean Moulin
34290 SERVIAN – FRANCE
Products that are damaged, soiled, or incomplete will not be accepted.
The right of withdrawal can be exercised by contacting us:
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By email: sara.lombardi@hotmail.fr
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By mail: Domaine les Orbières, 17 Avenue Jean Moulin, 34290 SERVIAN – FRANCE
Here is a link to a model withdrawal form: https://www.service-public.fr/professionnels-entreprises/vosdroits/R38397
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs will be refunded; the return costs remain the responsibility of the Customer.
The exchange (subject to availability) or refund will be processed within a maximum period of fourteen (14) days from the date the Seller receives the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 – LIABILITY – WARRANTIES
8.1 CUSTOMER CAPACITY
The Customer certifies that they are of legal age and have the capacity to enter into a contract.
The Customer must ensure that their contact details are accurate and complete. Any errors in the information provided, preventing delivery of the Products, cannot be attributed to the Seller.
8.2 PRODUCT COMPLIANCE AND WARRANTIES
The Products sold on the Site comply with the applicable regulations in France.
Products provided by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, from the following legal guarantees in accordance with the law:
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The legal guarantee of conformity, for Products that are apparently defective, damaged, or do not match the order.
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The legal guarantee against hidden defects arising from material, design, or manufacturing defects affecting the delivered Products and making them unfit for use, under the conditions and procedures provided below.
Under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to take action against the Seller. The Customer may choose between repair or replacement of the ordered Product, subject to the cost conditions set out in Article L 217-9 of the French Consumer Code. The Customer is not required to prove the existence of the non-conformity within the first 24 months following delivery.
The legal guarantee of conformity applies automatically. The Customer may also invoke the guarantee against hidden defects under Article 1641 of the French Civil Code; in such a case, the Customer may choose either to cancel the sale or obtain a reduction in the sale price, in accordance with Article 1644 of the Civil Code.
To exercise their rights, the Customer must inform the Seller in writing of the non-conformity of the Products within a maximum of 48 hours from delivery, or of any hidden defects within the above-mentioned time limits, and return or bring back the defective Products in the condition in which they were received, along with all elements (accessories, packaging, manuals, etc.).
The Seller will refund, replace, or repair the Products under warranty that are found to be non-compliant or defective.
Shipping costs will be refunded based on the invoiced rate, and return costs will be reimbursed upon presentation of proof of payment.
Refunds for Products deemed non-compliant or defective will be processed as quickly as possible and no later than thirty (30) days following the Seller’s acknowledgment of the non-conformity or hidden defect.
Refunds will be made by credit to the Customer’s bank account or by bank check sent to the Customer.
The Seller shall not be held liable in the event of misuse, use for professional purposes, negligence, or lack of maintenance by the Customer, or in cases of normal wear and tear, accidents, or force majeure.
The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
8.3 SALE OF ALCOHOL
The sale of alcohol to minors is prohibited.
By completing the order form, the Customer declares that they are at least 18 years old at the date of the order. In accordance with Article 93 of Law No. 2009-879 of 21 July 2009, the Seller may, upon delivery, request proof of age from the Customer. If the Customer cannot provide such proof, the Seller may legitimately refuse to sell alcoholic beverages. Indeed, the legal age is a necessary condition for delivery of the order, and failure to provide proof constitutes a legitimate reason for refusal. By placing an order, the Customer expressly waives the benefit of Article 1587 of the Civil Code, which provides that the sale of wine is only definitively concluded after tasting and acceptance by the Customer.
Excessive alcohol consumption is dangerous for health. Please enjoy responsibly and in moderation.
Consumption of alcoholic beverages during pregnancy, even in small quantities, may have serious consequences for the child’s health.
8.4 FORCE MAJEURE
The Seller’s obligations will be automatically suspended, without compensation to the Customer, in the event of force majeure, such as, in particular, war, riots, social unrest, flooding, fire, severe weather, lightning, epidemics, or general failure of electrical or computer systems.
The Customer acknowledges that technical failures or problems related to hardware, software, programs, or the Internet network, including interruptions, suspensions, or closures of the Service, constitute force majeure resulting in the suspension of the Seller’s obligations.
Consequently, the Seller cannot be held liable for any damages arising from such issues.
ARTICLE 9 – GENERAL CLAUSES
9.1 SEVERABILITY
If any provision of the contract is found to be invalid under applicable law, it shall be deemed unenforceable but shall not affect the validity of the remaining provisions of the contract.
9.2 PROHIBITION OF RESALE
Products sold on the Site may not be resold by the consumer who ordered and received them.
ARTICLE 10 – COMPLAINTS
For any information or complaint other than those already provided for in these General Terms and Conditions of Sale, the Customer may contact the Seller at the following email address: sara.lombardi@hotmail.fr, or by phone at +33 (0)6 73 38 42 84.
ARTICLE 11 – INTELLECTUAL PROPERTY
The presentation of the website https://domaine-obriere.fr/ and its content (hereinafter referred to as the “Site”) constitute a work protected by intellectual property law. The elements appearing on the Site, in particular trademarks, designs, logos, photographs, images, texts, videos, animated sequences, sound sequences, as well as any other data or information (hereinafter the “Elements”), are the property of Charles Mackay – Domaine les Orbières, its affiliated companies, or third parties who have authorized their use.
It is therefore understood that use of the Site does not, under any circumstances, grant any express or implied license to use the Elements. Likewise, no reproduction, representation, use, adaptation, modification, incorporation, translation, commercialization, or more generally any commercial exploitation of the Elements may be carried out without the prior written consent of EI Charles Mackay – Domaine les Orbières, except for legitimate uses strictly listed in Article L. 122-5 of the French Intellectual Property Code.
The names, designations, trademarks, and logos displayed on the Site are, unless otherwise stated, registered rights and/or protected by intellectual property laws. Any infringement of one of these rights constitutes an act of counterfeiting, exposing the offender to civil and criminal penalties.
Databases are protected in particular under Articles L112-3 and L341-1 of the French Intellectual Property Code. Any extraction or attempted extraction, whether total or partial, may give rise to civil and criminal liability for the infringer.
ARTICLE 12 – PERSONAL DATA
By validating these General Terms and Conditions of Sale, the Customer declares that they have read and accepted the Website’s General Terms of Use, which notably set out their rights relating to the processing of their personal data, in particular those required for processing their order and issuing invoices.
ARTICLE 13 – JURISDICTION AND APPLICABLE LAW
This contract is governed by French domestic law.
The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the application or interpretation of this contract.
In the event of a dispute, exclusive jurisdiction is expressly granted to the Tribunal de Grande Instance of Béziers, notwithstanding multiple defendants or third-party claims, including in summary proceedings.
The Customer is informed that they may, in any event, have recourse to conventional mediation, in particular through the Consumer Mediation Commission (French Consumer Code, Article L 612-1), or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (such as conciliation) in the event of a dispute.