Last revised August 3, 2022

General terms and conditions of sale

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS THE CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ CAREFULLY.

THESE CONDITIONS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THIS WEB SITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEB SITE IF YOU (A) DO NOT ACCEPT THESE TERMS AND CONDITIONS, (B) ARE NOT OF LEGAL AGE TO PURCHASE ALCOHOLIC BEVERAGES IN THE COUNTRY FROM WHICH YOU ACCESSED THIS WEB SITE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE, GOODS OR SERVICES UNDER APPLICABLE LAW, INCLUDING LAWS GOVERNING THE PURCHASE AND SALE OF ALCOHOLIC BEVERAGES.

These terms and conditions (these “Terms”) apply to the purchase and sale of wine in glass bottles through www.anvichar.com or www.anvichar.fr (collectively the “Site”). These Terms are subject to change by Castillon, LLC (in the United States) and/or Chateau d’Anvichar SAS (in France) (collectively “we”, “us” or “our” or “Company” as the context requires) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on the Site, and you should review these Terms before purchasing any products or services available on the Site. Your continued use of the Site following the posting of changes to these Terms and Conditions will constitute your acceptance of such changes.

These Terms are an integral part of the Site’s Terms of Use, which apply generally to your use of the Site. You should also read our privacy policy carefully before placing an order for products or services on the website (see section 8).

1. Order Acceptance and Cancellation. You agree that your order constitutes an offer to purchase, under these Terms, all of the products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion. Once we have received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. The acceptance of your order and the formation of the contract of sale between the Company and you will only take place if and until you have received your order confirmation email. You may cancel your order at any time before we have sent your order confirmation email by emailing us at admin@anvichar.com.

2. Prices and terms of payment.

(a) All prices displayed on the Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation e-mail. Prices outside the United States are quoted in Euros, inclusive of VAT and exclusive of shipping costs. Price increases will only apply to orders placed after the change. Prices do not include taxes or shipping and handling charges. All such taxes and charges will be added to your order total and will be detailed in your shopping cart and in your order confirmation e-mail. We strive to display accurate pricing information, however, we may occasionally make typographical errors, inaccuracies or inadvertent omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders resulting from such occurrences.

(b) We may from time to time offer promotions on the Site which may affect prices and which are governed by terms and conditions separate from these Terms. In the event of any conflict between the terms and conditions of a promotion and these Terms, the terms and conditions of the promotion shall prevail. (c) Terms of payment are at our sole discretion and, unless otherwise agreed in writing by us, payment must be received by us prior to our acceptance of an order. We accept all major credit cards for all purchases. You represent and warrant that (i) the credit card information you provide to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card issuer, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount indicated on the Site at the time of your order.

3. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange shipment of the products to the recipient designated by you. Please see each product page for specific shipping options. You will pay all shipping and handling charges specified during the order process. Shipping and handling charges are the costs we incur to process, handle, package, ship and deliver your order.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not responsible for delays in shipment.

4. Returns and Refunds. We will accept a return of products for a refund of your purchase price, less original shipping and handling charges, provided such return is made within 30 days of shipment and provided such products are returned in their original condition. To return products, you must send us an e-mail at admin@anvichar.com.

Authorization Number (“RMA”) prior to shipping your product. No returns of any kind will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and use a carrier who can provide proof of delivery for your protection.

Refunds are processed within approximately three (3) business days of receipt of your merchandise. Your refund will be credited to the same payment method used to make the original purchase on the website.

5. LIMITED WARRANTY.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

WE WARRANT THAT DURING THE WARRANTY PERIOD, PRODUCTS PURCHASED FROM THE WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OUR LIABILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. OUR LIABILITY FOR DEFECTIVE SERVICES IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE GIVEN BY US OR ANY OF OUR SUPPLIERS, AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.

The limitation of liability set forth above applies only to the extent permitted by law.

(a) Who can use this warranty?

This limited warranty extends only to the original purchaser of the Site’s products and services. It does not extend to any subsequent or other owner or transferee of the product or to any transferee or other beneficiary of the service.

(b) What does this warranty cover?

This limited warranty covers defects in materials and workmanship in products and services purchased from the Site during the Warranty Period (as defined below).

(c) What does this warranty not cover?

This limited warranty does not cover damage due to:

i) transportation;

(ii) storage;

(iii) improper use;

(iv) failure to follow product instructions or perform preventive maintenance;

(v) modifications;

(vi) unauthorized repair;

(vii) normal wear and tear; or

(viii) external causes such as accidents, abuse or other actions or events beyond our reasonable control.

d) What is the coverage period?

This limited warranty lasts for 30 days (the “Warranty Period”). The Warranty Period is not extended if we replace a warranted product. We may modify the availability of this Limited Warranty at our discretion, but any modification will not be retroactive.

(e) What are your remedies under this warranty?

With respect to products found to be defective during the warranty period, we will, at our sole discretion, either: (i) replace such products free of charge or (ii) refund the purchase price of such products. We will also pay the shipping and handling costs to return the replacement product to you if we choose to replace the defective products.

(f) How do you obtain warranty service?

To obtain warranty service, you must email us at admin@anvichar.com during the warranty period to obtain an RMA number. No warranty service will be provided without an RMA number.

(g) Limitation of liability

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE PURCHASED FROM THE WEB SITE, AND IN NO EVENT SHALL WE BE LIABLE FOR ANY LOSS OF PRODUCTION, LABOR, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFITS, DIMINUTION IN VALUE, REPLACEMENT COSTS OF GOODS OR SERVICES, OR ANY DIRECT OR INDIRECT CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(h) What can you do if you have a dispute with us? The informal dispute resolution procedure described in Section 11 is available to you if you believe that we have not fulfilled our obligations under this Limited Warranty or these Terms and Conditions.

6. Goods not for resale or export. You agree to comply with all applicable state and U.S. laws and regulations, including all export regulations, as defined below. You represent and warrant that you are purchasing products or services from the Site for your personal or household use only, and not for resale or export. Products and services purchased from the Site may be controlled for export purposes by export regulations, including, but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is a permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, the “Export Regulations”).

7. Use and Ownership of Intellectual Property. You acknowledge and agree that:

(a) All uses on the Site of the terms “sell”, “resell”, “buy”, “price” and the like mean the purchase or sale of a license. Each product marketed on the Site is made available only for license, and not for sale, to you and other potential customers.

(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through the Site, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, manufacturing, modifying, improving, sublicensing and transferring such licensed products and services.

(c) You will not cause, induce or permit others to breach the terms and conditions of any of these product and service license agreements.

(d) We are and shall remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on the Site and all related specifications, instructions, documentation or other materials, including, but not limited to, all copyrights, patents, trademarks and other related intellectual property rights, subject only to the limited license granted under the product or service license agreement. You do not and will not acquire any ownership rights in such intellectual property rights in or to any products or services made available on the Site, or any intellectual property rights relating to such products or services.

8. Privacy Policy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the treatment of all personal data collected from you in connection with your purchase of products or services through the Site.

9. Force Majeure. Neither party shall be liable to the other party, nor be deemed to have failed or breached this Agreement, for any failure or delay in performing or enforcing any term of this Agreement (except any of your obligations to make payments to us hereunder), when and to the extent that such failure or delay is caused by or results from acts beyond the reasonable control of the party concerned (“Affected Party”), including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) Force Majeure Events; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war be declared or not), terrorist threats or acts, riots or other civil disturbances; (d) government order, law or action; (e) embargoes or blockades in effect as of the date of this Agreement; (f) national or regional emergency; (g) strikes, work stoppages or slowdowns or other industrial disturbances;

h) telecommunications failures, power failures or shortages, lack of warehouse or storage space, inadequate transportation services or inability or delay in the supply of adequate or suitable materials; and i) other similar events beyond the reasonable control of the affected Party. The affected Party shall resume performance of its obligations as soon as reasonably possible after the cause has been eliminated.

10. Applicable Law and Jurisdiction. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would result in the application of the laws of any jurisdiction other than the State of California.

11. Dispute Resolution and Binding Arbitration.

(a) YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO PLAY CLAIMS BEFORE A COURT OR JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) Arbitration of All Disputes; Waiver of Jury Trial. Any controversy between you and Company concerning the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or the breach thereof, shall be submitted to binding arbitration upon written request of either party after service of such request on the other party without resort to the courts. This is a self-executing agreement. This Arbitration Agreement is entered into pursuant to and shall be governed both procedurally and substantively by the Federal Arbitration Act (9 U.S.C. § 1, et seq. the “F.A.A.”), to the exclusion of any inconsistent state law, regulation, judicial decision or arbitration service rule. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any and all disputes relating to the interpretation, applicability, scope, enforceability, formation, performance, estoppel and waiver and all other matters based upon, arising out of or relating to this Arbitration Agreement, including, without limitation, any claim that all or any part of this Arbitration Agreement is unconscionable, void or voidable.

To the extent not inconsistent with the F.A.A., arbitration shall be heard and determined by and under the rules of JAMS Dispute Resolution, located in Orange County, State of California.

(c) By making a purchase on the Site, you understand and acknowledge that this arbitration provision constitutes a waiver of your right to a trial by court or jury. You agree to arbitration on an individual basis. In the event of a dispute, neither YOU NOR THE COMPANY SHALL HAVE THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS BEFORE THE COURTS OR IN ARBITRATION OR TO PARTICIPATE IN ANY OTHER CLAIMS AS A GROUP REPRESENTATIVE, GROUP MEMBER OR AS PRIVATE GENERAL COUNSEL. The arbitral tribunal may not consolidate the claims of more than one person and may not otherwise preside over any form of representative or class proceeding. The arbitral tribunal shall have no power to review the applicability of this waiver to class arbitration, and any challenge to the waiver to class arbitration may be raised only in a court of competent jurisdiction.

(d) You further understand and acknowledge that you waive any right to appeal any such arbitration decision. You acknowledge that prior to entering into this Agreement, you have the right and have had a reasonable opportunity to seek the advice of independent legal counsel regarding this arbitration provision. If you prevail on a claim that allows the prevailing party’s attorneys to pay, the arbitrator may award you a reasonable fee under statutory fee-shifting standards.

(e) You may elect to pursue your claim in small claims court rather than arbitration if you notify us in writing of your intention to do so within 60 days of your purchase. Arbitration or small claims proceedings will be limited solely to your individual dispute or controversy.

(f) Alternative Dispute Resolution. If any controversy or claim arises out of or relates to this Agreement, the parties will attempt in good faith to resolve such controversy or claim by negotiation. If the matter has not been resolved within thirty (30) days by negotiation, the parties will attempt in good faith to resolve the controversy or claim pursuant to mediation, with mutually acceptable rules. If mutually acceptable rules cannot be developed, JAMS in Orange County, California, will be used. If the matter has not been resolved by mediation within sixty (60) days of the commencement of mediation, or if either party fails to participate in mediation, the controversy shall be settled by binding arbitration in accordance with the then-existing commercial arbitration rules of JAMS in Orange County, California. The arbitrator’s written decision shall be binding and conclusive upon the parties. The parties agree that there will be no arbitration discovery and that the arbitrator will not award punitive damages to either party. Judgment may be entered in any court of competent jurisdiction and the parties consent to the jurisdiction of the Superior Court of Orange County, California, for this purpose. Any arbitration under this Agreement shall take place in Orange County, California. If the parties to the dispute agree on an arbitrator, the arbitration will be conducted by that arbitrator. If the parties to the dispute do not agree on an arbitrator, each party shall select an independent and qualified arbitrator, and the two arbitrators so selected shall select the third arbitrator. At the request of either party, the mediation and arbitration proceedings shall be conducted in strict confidence; in such event, all documents, testimony and records shall be received, heard and kept by the mediators or arbitrators, as the case may be, in confidence under seal, available for inspection only by the parties to the dispute and their respective counsel and experts who agree in advance and in writing to receive all such information in confidence and to maintain such information in confidence until such information becomes generally known.

(g) International Purchases. Any dispute, controversy or claim arising out of or relating to this Agreement between the Company and any person or entity who or which is subject to jurisdiction in France, the European Union or any country other than the United States of America, including any dispute relating to the formation, interpretation, breach or termination of this Agreement, including whether the claims asserted are arbitrable, shall be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal shall consist of three arbitrators. The place of arbitration shall be Orange County, California, United States of America, in the absence of mutual written agreement of all participating parties. The language to be used in the arbitral proceedings shall be English, in the absence of mutual written agreement between all participating parties. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, including by written stipulation of the parties to the dispute and/or through their counsel of record. To resolve international disputes, the European dispute resolution platform can be used : https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&Ing=FR

(h) If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be deleted and the remaining arbitration terms shall apply.

12. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation will relieve you of your obligations under these Terms.

13. No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of any future enforcement of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

14. No Third Party Beneficiaries. These Terms are not and are not intended to confer any rights or remedies upon any person other than you.

15. Notices.

(a) To You. We may provide you with any notice under these Terms by: (i) sending a message to the email address you provide or (ii) posting on the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective when we post them. It is your responsibility to keep your e-mail address up to date.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by personal delivery, overnight courier or registered or certified mail at: 31103 Rancho Viejo Road, Suite D2177, San Juan Capistrano, CA 92675, or (ii) by email at admin@anvichar.com. We may update the addresses of notices sent to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by fax or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after mailing.

16. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions of these Terms.

17. Entire Agreement. Our Order Confirmation, these Terms, our Site Terms of Use and our Privacy Policy shall be deemed the final and integrated agreement between you and us with respect to the matters contained in these Terms.