Domaine du Haut Bourg online shop
Article 1: Prevention and sales to adults only
The Domaine du Haut Bourg Online Shop is exclusively reserved for adults who are of legal age to purchase and consume alcoholic beverages in their country of residence.
In France, the sale of alcoholic beverages to minors is prohibited (Article L.3342-1 of the French Public Health Code). By confirming the order, the buyer declares that they are at least eighteen years old.
The Domaine, as well as the carrier when handing over the parcel, may require proof of identity showing that the buyer or recipient is of legal age. Otherwise, the parcel will not be delivered.
The Domaine reserves the right to cancel any order for which this condition is not met. Any amounts paid are then refunded in full.
Alcohol abuse is dangerous for your health; please drink responsibly.
Article 2: Seller and online shop
These General Terms and Conditions of Sale are entered into between:
on the one hand, SCEA Domaine du Haut Bourg, a French agricultural partnership with share capital of €150,000, registered with the Nantes Trade and Companies Register under number 330 622 192, whose registered office is at 11 rue de Nantes, 44830 Bouaye, France, EU VAT number FR72330622192, phone (+33)2 40 65 47 69, email contact@hautbourg.fr (hereinafter “the Domaine”);
on the other hand, any adult natural person acting as a consumer and placing an order on the Online Shop (hereinafter “the buyer”).
The Online Shop is accessible from the website https://hautbourg.fr. The catalogue is presented on the website. Basket management, ordering and payment are handled by the Shopify e-commerce platform.
Each product page states the essential characteristics of the product (appellation, cuvée, vintage, volume, alcohol content, allergen information) as well as its price.
Article 3: General provisions
Any order placed on the Online Shop is subject to these General Terms and Conditions of Sale, in the version in force on the date of the order. The buyer may consult, save and print them at any time using the link at the bottom of every page of the website.
The Online Shop is intended for consumers. Professionals wishing to place an order are invited to contact the Domaine directly.
These Terms and Conditions are drafted in French. In the event of translation, only the French version shall prevail.
Product photographs are as accurate as possible but cannot guarantee a perfect likeness, particularly regarding the label or the colour of the wine. The information on the product page, including the vintage, is authoritative.
If the vintage shown at the time of ordering is no longer available, the Domaine will inform the buyer before shipping. The buyer may then accept the following vintage or obtain a full refund for the product concerned.
The Domaine may amend these Terms and Conditions at any time. The applicable Terms and Conditions are those in force on the day of the order.
Article 4: Orders
The buyer selects the products of their choice and adds them to their basket. To place an order, they enter their contact details and delivery address, choose the delivery method and then proceed to payment.
Before confirming the order, the buyer is shown a detailed summary of the selected products, their price, the delivery costs and the total amount. They can check this summary and correct any errors. Clicking the “Pay now” button constitutes an order with an obligation to pay.
By confirming the order, the buyer declares that they are at least eighteen years old and acknowledges having read these General Terms and Conditions of Sale and accepting them without reservation.
The Domaine acknowledges receipt of the order by sending a confirmation email setting out all the elements of the contract. This email constitutes confirmation of the contract on a durable medium.
For any order of €120 or more including VAT, the Domaine keeps the written record of the contract for ten years and guarantees the buyer access to it upon request (Articles L.213-1 and D.213-1 of the French Consumer Code).
The Domaine reserves the right to refuse an order from a buyer with whom there is a dispute concerning payment for a previous order.
Article 5: Product availability
Products are offered while stocks last.
If an ordered product turns out to be unavailable after the order has been confirmed, the Domaine will inform the buyer by email as soon as possible. The buyer may then choose either to accept a product of equivalent quality and price offered by the Domaine, or to obtain a refund of the amounts paid for that product within fourteen (14) days at the latest.
Article 6: Validity of the order
The Domaine reserves the right to refuse any order for a legitimate reason, in particular where the quantities ordered, in one or several orders, are abnormally high for personal use, or where there is doubt about the age of the buyer or the recipient.
The Domaine may ask the buyer for additional proof of identity, age or payment. The order is then suspended until these are received.
Article 7: Prices
Prices are shown in euros, including all taxes (VAT and French excise duties), excluding delivery costs. Delivery costs are shown before the order is confirmed and appear in the order summary.
Where the Online Shop displays prices in another currency, the amount is converted using an exchange rate updated by the Shopify platform. The amount displayed in the chosen currency when the order is confirmed is the amount charged. Any exchange or transaction fees charged by the buyer’s bank remain the buyer’s responsibility.
The countries served and, for deliveries outside France, any applicable taxes and duties are specified before the order is confirmed.
The prices charged are those displayed when the order is confirmed. The Domaine may change its prices at any time; any change has no effect on orders already confirmed.
Article 8: Retention of title
The Domaine retains ownership of the products until the buyer has paid their price in full.
Article 9: Delivery costs
Delivery costs vary according to the number of bottles chosen by the buyer. The prices displayed include home delivery, with a surcharge for any order of fewer than 51 bottles: €9.90 for 3 to 12 bottles, €14.90 for 15 to 24 bottles, €19.90 for 27 to 36 bottles, and €25 for 39 to 48 bottles.
In any event, the Domaine reserves the right to require the buyer to use a specific carrier and to pay the related delivery costs, owing to the particular nature of the products.
Delivery is carried out by our partner La Ruche. Consequently, La Ruche’s General Terms of Use form an integral part of these General Terms and Conditions of Sale.
Article 10: Payment
The price is payable in full when ordering. The buyer pays for the order online using the payment methods offered at checkout, through the secure payment service of the Shopify platform.
Payment data is encrypted and sent directly to the payment provider. It is never accessible to or stored by the Domaine.
The order is only processed once payment has been accepted. If payment is declined, the order is automatically cancelled.
Article 11: Customer reviews
The buyer may share their purchasing experience using the form on the “Contact” page or by posting a review on the Domaine’s Google Business Profile.
The reviews shown on product pages are selected by the Domaine from reviews published by customers on third-party platforms or sent directly to the Domaine. Their source and publication date are indicated. They do not represent all existing reviews, are not given in exchange for any consideration, and are not subject to a procedure verifying that they come from consumers who actually purchased the product concerned.
Article 12: Buyer’s right of withdrawal
a) Time limit
The buyer has fourteen (14) days to exercise their right of withdrawal, without having to give reasons or bear any costs other than those set out below. This period runs from receipt of the products by the buyer or by a third party designated by them. Where the order is delivered in several parts, it runs from receipt of the last parcel. A period expiring on a Saturday, Sunday or public holiday is extended to the next working day.
b) Exercising the right
The buyer notifies their decision using the model form in the appendix, which is optional, or by any other unambiguous statement expressing their wish to withdraw. They are advised to include their order number.
This statement must be sent by post to Domaine du Haut Bourg, 11 rue de Nantes, 44830 Bouaye, France, or by email to contact@hautbourg.fr.
The Domaine will acknowledge receipt without delay on a durable medium.
c) Returning the products
The buyer returns the products, in their original packaging and in good condition, to the above address without undue delay and at the latest within fourteen (14) days of communicating their decision.
The direct costs of returning the products are borne by the buyer. Given the fragility of the bottles, the buyer is asked to pack the parcel carefully.
The buyer is only liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature and characteristics.
d) Refund
The Domaine refunds all amounts paid, including the initial delivery costs, at the latest within fourteen (14) days of the date on which it was informed of the buyer’s decision. It may withhold the refund until it has received the products back or until the buyer has provided proof of having sent them, whichever is earlier.
Any additional costs resulting from the buyer’s express choice of a delivery method more expensive than the standard method offered are not refunded.
The refund is made using the same payment method as that used for the order, unless the buyer expressly agrees otherwise, and incurs no fees for the buyer.
e) Exception
In accordance with Article L.221-28 5° of the French Consumer Code, the right of withdrawal cannot be exercised for bottles unsealed or opened by the buyer after delivery, which cannot be returned for reasons of hygiene or health protection.
Article 13: Delivery and shipping
All orders are processed by the Domaine’s Online Customer Service from Monday to Friday inclusive, except public holidays. The order is processed on the day of online payment on the Online Shop, as soon as the transaction has been accepted by the payment provider.
Orders are then shipped from Monday to Friday inclusive, except public holidays, generally within two to three working days of the day the order is processed.
Delivery is carried out by our partner La Ruche. Consequently, La Ruche’s General Terms of Use form an integral part of these General Terms and Conditions of Sale.
These shipping times may be longer during busy periods or in the event of exceptional closure, for example: Christmas, Father’s Day, annual closure, stocktaking.
A shipping confirmation email is sent to the buyer on the day the order is actually shipped.
The delivery time (from the actual shipping date) for delivery addresses in mainland France depends on the delivery provider.
The Domaine undertakes to deliver the products within a maximum of thirty (30) days from the conclusion of the contract, unless a different time is expressly stated when ordering. If this time limit is exceeded, the buyer may, after instructing the Domaine to deliver within a reasonable additional period, terminate the contract in writing on a durable medium, in accordance with Articles L.216-1 et seq. of the French Consumer Code. The amounts paid are then refunded at the latest within fourteen (14) days of termination.
In any event, the buyer may exercise their right of withdrawal as set out in Article 12 of these General Terms and Conditions of Sale.
It is expressly agreed that the buyer becomes responsible for the products upon delivery, delivery entailing the transfer of risk to the buyer.
Delivery takes place when the products are handed over to the buyer, except where the buyer designates to the Domaine a carrier other than those offered by the Domaine.
Article 14: Delivery errors and transport damage
On receipt, the buyer is asked to check the condition of the parcel in the presence of the delivery person and, in the event of damage (breakage, leakage, damaged packaging), to note specific reservations with the carrier, then to inform the Domaine as soon as possible, with photographs, at contact@hautbourg.fr. However, the absence of reservations does not deprive the buyer of their rights.
If a product is broken or damaged in transit, or does not match the order, the Domaine will replace or refund the product, at the buyer’s choice. Any return costs are fully covered by the Domaine, which will tell the buyer the procedure to follow. No return is required for a broken bottle.
The refund is made using the same payment method as that used for the order, at the latest within fourteen (14) days of the error or damage being established.
These provisions apply without prejudice to the legal guarantees set out in Article 15.
Article 15: Legal guarantees
The Domaine is liable for lack of conformity of the products under the conditions of Articles L.217-3 et seq. of the French Consumer Code, and for hidden defects under the conditions of Articles 1641 to 1649 of the French Civil Code.
Legal guarantee of conformity
The consumer has two years from delivery of the goods to invoke the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only needs to establish the existence of the lack of conformity, not the date on which it appeared.
The consumer may have the goods brought into conformity, by repair or replacement, free of charge, subject to the cost conditions set out in Article L.217-12 of the French Consumer Code. They may obtain a price reduction while keeping the goods, or terminate the contract against a full refund and return of the goods, where bringing the goods into conformity is refused, impossible, delayed by more than thirty days after the request, or where the defect persists.
A seller who in bad faith obstructs the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L.241-5 of the French Consumer Code).
The legal guarantee of conformity applies independently of any commercial guarantee.
Guarantee against hidden defects
The consumer may invoke the guarantee against hidden defects in the goods sold within the meaning of Article 1641 of the French Civil Code, for two years from discovery of the defect. They may then choose between cancelling the sale and a price reduction, in accordance with Article 1644 of the French Civil Code.
Specific features of wine
Wine is a living product. The presence of sediment or tartrate crystals in the bottle is a natural phenomenon and does not constitute a lack of conformity. A cork fault, however, may fall under the legal guarantee of conformity.
Storage conditions for the bottles after delivery are the buyer’s responsibility. Storage recommendations are given on the product pages.
These guarantees may be invoked with Domaine du Haut Bourg, 11 rue de Nantes, 44830 Bouaye, France, contact@hautbourg.fr.
Article 16: Intellectual property rights
The Domaine du Haut Bourg website and all its components (texts, photographs, illustrations, logos, trademarks, domain names, site structure, animations and graphic elements) are the exclusive property of the Domaine or of third parties that have granted it a right of use.
Any reproduction, representation, distribution or use, in whole or in part, of these elements, by any process whatsoever, is prohibited without the prior written consent of the Domaine, except for strictly personal and private use. Any unauthorised use constitutes an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.
Article 17: Hyperlinks and contributions
Linking to the website is permitted, provided it does not harm the Domaine’s image. Linking from any website that distributes unlawful content or is primarily aimed at minors is prohibited.
The website may contain links to third-party websites. The Domaine has no control over these websites and accepts no liability for their content.
The Domaine reserves the right to remove any user contribution (review, message) that is unlawful, offensive or unrelated to its products.
Article 18: Access to the online shop
The Online Shop is in principle accessible at all times. However, access may be suspended for technical or upgrade operations, or if the services of technical providers (hosting, sales platform, payment) are interrupted.
The Domaine uses reasonable means to ensure the security and continuity of the website, without being able to guarantee that it will be entirely free from interruptions or errors. It cannot be held liable for temporary unavailability of the website or fraudulent intrusion by a third party, without prejudice to its obligations in respect of confirmed orders.
Article 19: Force majeure
The Domaine cannot be held liable for non-performance or delay in performing its obligations resulting from force majeure within the meaning of Article 1218 of the French Civil Code. Performance is then suspended for the duration of the impediment. If it lasts more than thirty (30) days, either party may cancel the order; the amounts paid are then refunded to the buyer.
Article 20: Personal data
The Domaine processes its customers’ personal data in accordance with Regulation (EU) 2016/679 (GDPR) and the amended French Data Protection Act No. 78-17 of 6 January 1978.
The data controller is SCEA Domaine du Haut Bourg, 11 rue de Nantes, 44830 Bouaye.
Details of the processing operations, retention periods, recipients and the buyer’s rights (access, rectification, erasure, restriction, objection, portability, withdrawal of consent and complaint to the CNIL) are given in the “Legal notice” section of the website.
Any request relating to personal data may be sent to contact@hautbourg.fr.
Article 21: Cookies
Cookies that are strictly necessary for the website to work and for managing the basket are placed without prior consent, in accordance with Article 82 of the French Data Protection Act.
Audience measurement cookies and, where applicable, personalisation cookies are only placed once the user has given consent via the banner displayed on their first visit. Refusing is as easy as accepting, and no cookie requiring consent is placed until the user has made their choice. These rules also apply to the checkout pages hosted by Shopify.
Users can change their preferences at any time using the “Cookie settings” link at the bottom of the page.
Article 22: Contact
For any question or complaint, the buyer may contact the Domaine:
using the form on the website’s “Contact” page;
by email to contact@hautbourg.fr;
by phone on (+33)2 40 65 47 69, during the cellar’s opening hours;
by post to Domaine du Haut Bourg, 11 rue de Nantes, 44830 Bouaye, France.
Article 23: Non-waiver and severability
The fact that the Domaine or the buyer does not at any given time rely on any provision of these General Terms and Conditions of Sale does not constitute a waiver of the right to rely on it later.
If any provision of these Terms and Conditions is declared null or unenforceable, the remaining provisions shall retain their full force and effect.
Article 24: Governing law, mediation and competent courts
These General Terms and Conditions of Sale are governed by French law, without prejudice to the protective provisions of the consumer buyer’s country of habitual residence.
Consumer mediation
In accordance with Articles L.611-1 et seq. of the French Consumer Code, the consumer buyer may use, free of charge, the consumer mediator to which the Domaine is subject, after first attempting to resolve the dispute directly with the Domaine through a written complaint. The mediation request must be made within one year of that complaint.
Designated mediator: [MEDIATOR NAME TO BE COMPLETED]
Address: [POSTAL ADDRESS TO BE COMPLETED]
Website: [MEDIATOR WEBSITE TO BE COMPLETED]
Competent courts
Failing an amicable resolution, the dispute may be brought before the competent courts. The consumer buyer retains the option of bringing proceedings, at their choice, before the court of the place where they resided at the time the contract was concluded or the harmful event occurred.
Appendix: Model withdrawal form
Please complete and return this form only if you wish to withdraw from the contract. Its use is optional.
To: Domaine du Haut Bourg, 11 rue de Nantes, 44830 Bouaye, France, contact@hautbourg.fr
I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods:
Ordered on (*): ……………………………….. / Received on (*): ………………………………..
Order number: ………………………………..
Description and number of products: ………………………………..
Name of consumer(s): ………………………………..
Address of consumer(s): ………………………………..
Signature of consumer(s) (only if this form is notified on paper): ………………………………..
Date: ………………………………..
(*) Delete as appropriate.