Article 1. Conditions of Application
These General Terms and Conditions of Sale, hereinafter referred to as the GTCS, detail the rights and obligations agreed between the CLIENT (exclusively adults) and the companies:
– E.A.R.L. GUETH JEAN-CLAUDE, registered under SIRET number 415 081 124 00026,
– LA SUITE AUX BOUTEILLES, registered under SIRET number 933 400 558 00013,
hereinafter referred to as the SELLER.
These conditions constitute the law governing the contractual relationship between the parties. They take precedence over any other general or special conditions not expressly accepted by the SELLER.
Any order (wines, stays, wine tourism experiences, gift vouchers) placed with the SELLER via the websites www.vin-alsace-gueth.com and www.chambres.vin-alsace-gueth.com implies full and unconditional acceptance by the CLIENT of these GTCS, which shall also apply to any other method of ordering between the parties.
The CLIENT declares that, prior to confirming the order, they have read and accepted these GTCS. Order confirmation constitutes a signature and acceptance of the transaction.
The GTCS presented below apply to all products offered by Domaine GUETH for remote (distance) sales.
Prior to any transaction, the CLIENT declares having full legal capacity to enter into a contract under these GTCS. As the sale of alcohol to minors is prohibited, the CLIENT ordering products undertakes to be at least 18 years old on the date of purchase. Alcohol abuse is dangerous to health. Consume responsibly.
The SELLER reserves the right to modify or update its GTCS at any time, in particular to reflect commercial, legal, or technical developments. Such modifications and updates shall become binding on the CLIENT from the date they are communicated to them or from their publication on the websites www.vin-alsace-gueth.com and www.chambres.vin-alsace-gueth.com.
Article 2. General Provisions
The CLIENT may only use this website if they are of legal age and legally capable of assuming responsibility. The CLIENT is financially responsible for all uses of the website made by them.
It is the CLIENT’s responsibility to ensure that the information provided when placing an order or making a reservation, or at any other time, is accurate and complete. The CLIENT must ensure that the contact details provided when placing an order or making a reservation are correct and will allow them to receive the confirmation of said order or reservation. Should the CLIENT fail to receive this confirmation, it is their responsibility to contact the SELLER.
For proper processing of their file, the CLIENT must immediately inform the SELLER of any modification to the information provided during the reservation.
The SELLER undertakes not to disclose to any third party any information, of any nature and on any medium, that the CLIENT may have communicated.
However, this obligation of confidentiality does not apply to requests for information made by public authorities and/or courts.
Article 3. Order and Payment
The CLIENT must follow the ordering process specified on the website by completing the online order form provided.
Orders are received via the previously mentioned websites using the electronic ordering procedure. The SELLER confirms receipt of the order by email.
This confirmation is only issued after payment of the price by the CLIENT. The order then becomes final and the sale is considered concluded, and cannot be cancelled or modified without the prior written consent of the SELLER, subject to the CLIENT’s right of withdrawal as detailed in these GTCS.
Payment, for the purposes of this paragraph, refers to the actual receipt of the total price including all taxes and any applicable shipping costs by the SELLER.
Different payment methods may be offered, including payment by credit card or bank transfer.
Article 3.1. Ordering Wines
The products offered for sale are those presented on the website www.vin-alsace-gueth.com, subject to availability.
If a product cannot be supplied or if a vintage is out of stock after the order has been placed, the SELLER will inform the CLIENT by email or by telephone within a maximum of three business days from receipt of the order.
A similar product or an equivalent vintage may be proposed as a replacement.
The CLIENT must inform the SELLER of their choice by mail or email within five business days from the date on which they were notified of the unavailability of the ordered products.
If the CLIENT does not wish to receive an equivalent product, they may cancel their order. The order will then be refunded in full within fourteen days from the date of cancellation.
The SELLER reserves the right to modify the product offering on the website at any time.
Each product is described and presented on the website in the form of a description detailing its essential characteristics, its price, and the delivery costs.
All texts and photos displayed on the website are for illustrative purposes only and shall not be considered contractual.
Article 3.2. Booking a Bed and Breakfast Stay
An order placed through our websites is intended to secure, remotely and electronically, the reservation of a bed and breakfast stay.
The reservation becomes effective once the CLIENT confirms the order, declares that they have read and accepted these booking conditions, and validates the payment.
If the order is placed with payment by bank transfer, the payment must be made no later than three days after the order. Failing this, the reservation will be automatically cancelled by the CLIENT, and the cancellation conditions will apply.
The CLIENT will receive an order confirmation by email. This confirmation summarizes the essential characteristics of the reservation, its price, and the payment terms, and is considered as proof of the conclusion of the reservation contract.
The content of these booking confirmations is archived by the SELLER. They are considered as proof of the CLIENT’s consent to the reservation contract and of the date on which it was concluded.
Any charges not included in the online booking summary must be paid at the end of the stay.
Article 3.3. Order and Issuance of the “Bed and Breakfast Stay” Gift Voucher
An order placed through our websites is intended to enable, remotely and electronically, the purchase of a gift voucher redeemable for a reservation of a bed and breakfast stay.
The purchase of the gift voucher becomes effective and redeemable as soon as the CLIENT:
• confirms their order,
• declares that they have read and accepted these booking conditions,
• validates the payment.
In the case of an order paid by bank transfer, the payment must be made no later than three (3) days after the order. If the payment is not received within this period, the gift voucher will be automatically cancelled and invalidated by the CLIENT, and the cancellation conditions of the contract will apply, even if the gift voucher has already been issued and sent to the CLIENT.
The CLIENT receives an order confirmation by email. This confirmation summarizes the essential characteristics of the order, its price, and the payment terms, and constitutes proof of purchase.
The CLIENT then receives the gift voucher by email, in the form of a PDF file, which may be redeemed for a bed and breakfast stay. This gift voucher specifies in particular:
• the order number,
• the order date,
• the name of the guest room in which the stay may be reserved,
• any additional options or services included,
• the duration of the stay,
• the validity date of the voucher.
The content of these confirmations is archived by the SELLER and constitutes proof of the CLIENT’s consent.
Finally, any charges not included in the online booking summary must be paid at the end of the stay.
Article 4. Length of Stay – Bed and Breakfast Rooms
The CLIENT undertakes to vacate the premises at the time specified in the contract or at a time agreed with the owner, after the property inspection has been carried out. Under no circumstances may the CLIENT claim any right to remain on the premises beyond the initially agreed rental period, unless expressly agreed by the SELLER.
Article 5. Use of the Premises / CLIENT Liability – Bed and Breakfast Rooms
The SELLER undertakes to provide accommodation that conforms to the description given and to maintain it in good working order. The CLIENT shall enjoy the premises peacefully and use them in accordance with their intended purpose.
The CLIENT is required to comply with the internal rules of Domaine GUETH, available online or displayed on site, as well as safety and neighborhood guidelines.
The accommodation is intended solely for leisure purposes, to the exclusion of any professional, commercial, or craft-related activity.
The CLIENT is responsible for any direct or indirect damage that may be caused to the accommodation, furniture, equipment, or any other installation on the property, whether caused by themselves, by accompanying persons, or by their pets.
Upon departure, the CLIENT undertakes to return the accommodation in the same clean condition as upon arrival. Any damage or repair, regardless of its extent, resulting from negligence or abnormal use during the stay, shall be borne by the CLIENT.
The rental may not, under any circumstances, be transferred or made available to third parties without the prior written consent of the SELLER. Subletting, whether in whole or in part and whether paid or free of charge, is strictly prohibited. Any breach of this rule will result in immediate termination of the contract, with the full rental amount remaining due or retained by the SELLER.
The installation of tents, caravans, motorhomes, or any other type of mobile accommodation on the rented property is prohibited, unless expressly authorized by the SELLER.
The number of occupants may not exceed the maximum capacity indicated in the accommodation description.
Any breach of these obligations may result in the immediate termination of the stay, without refund or compensation, following simple notification by the SELLER.
The CLIENT’s personal belongings, items, and vehicles are their own responsibility.
The SELLER shall not be held liable in the event of loss, theft, or deterioration occurring on the property, regardless of the cause, unless proven fault can be attributed to the SELLER.
Article 6. Acceptance of Pets – Bed and Breakfast Rooms
The SELLER allows the presence of pets under certain conditions. At the time of booking, the CLIENT — or the beneficiary of a gift voucher — must inform the SELLER of the type and number of pets accompanying them, in order to determine the applicable conditions and any additional fees.
Internal rules, available online and established by the SELLER, specify the modalities for welcoming pets.
In the event of non-compliance with these provisions, the SELLER reserves the right to refuse the stay. In such a case, no refund will be issued.
Article 7. Right of Withdrawal – Bed and Breakfast Rooms
For reservations made by mail, telephone, or online, the CLIENT does not benefit from any right of withdrawal, in accordance with the provisions of Article L.121-21-8 (now L.221-28) of the French Consumer Code, which specifically relates to the provision of accommodation services on a determined date or according to a specified schedule.
Article 8. Rates – Bed and Breakfast Rooms
The prices indicated on the SELLER’s website(s) are expressed in euros (€), all charges included (including VAT), and include the tourist tax.
They are valid only for reservations made directly, without intermediaries.
Rates are per room and per night, based on a maximum occupancy of two persons per room, for the selected period.
Breakfasts are included in the price.
The tourist tax is offered exclusively for direct bookings with the SELLER.
Rates and offers are subject to availability at the time of booking and may be modified without prior notice.
They are not guaranteed for future bookings and may be subject to special conditions depending on the period or ongoing promotions.
Article 9. Cancellation and Refund Policy – Bed and Breakfast Rooms
Article 9.1. Cancellation by the CLIENT – Bed and Breakfast Rooms
Any request for cancellation of a stay by the CLIENT must be made by telephone and then confirmed by email sent to the SELLER.
The request is deemed received and taken into account on the date on which the SELLER acknowledges receipt by return email.
The cancellation only becomes effective after written confirmation from the SELLER.
Cancellation terms:
In the event of cancellation of the stay by the CLIENT, a full or partial refund, or a rescheduling of the stay, may be granted depending on the date on which the request is made and acknowledged by the SELLER.
No supporting documents are required to request a cancellation or rescheduling.
Cancellation at least 14 days before the arrival date:
The CLIENT may choose between a full refund of amounts paid or rescheduling the stay within a maximum period of 12 months from the date of the order.
Cancellation between 13 and 7 days before the arrival date:
The CLIENT may choose between a refund of 75% of amounts paid or rescheduling the stay within a maximum period of 9 months, and in any case within 12 months from the date of the order.
Cancellation between 6 and 5 days before the arrival date:
The CLIENT may choose between a refund of 50% of amounts paid or rescheduling the stay within a maximum period of 6 months, and in any case within 12 months from the date of the order.
Cancellation within 4 days preceding the arrival date:
No refund or rescheduling will be granted.
The full amount of the stay remains due to the SELLER.
Only optional services not consumed (VIP, Extra-VIP, cheese or charcuterie platters, dog accommodation, etc.) will be refunded.
Interruption of the stay:
In case of early termination of the stay by the CLIENT, and except in the case of proven fault on the part of the SELLER, no refund will be made.
The initial price of the stay remains fully due to the SELLER, subject to reimbursement of unused optional services.
Special case – gift vouchers:
In the event of cancellation of a stay booked using a gift voucher, no refund can be made.
Only rescheduling, according to the conditions defined above, may be offered.
Gift vouchers are neither refundable nor extendable, and their validity period is indicated on the voucher (usually one year from the date of purchase, unless otherwise specified).
If the CLIENT cannot find a new stay date before the voucher expires, it may be exchanged for wines from Domaine GUETH.
The exchange value will correspond to the initial purchase price of the voucher and may be used to purchase bottles at the public price, excluding discounts, including any applicable shipping costs.
To benefit from this exchange, the request must be made before the expiry date of the gift voucher.
Any request made after this date will be inadmissible, and any unused gift voucher after its expiry will be permanently lost and non-exchangeable.
Article 9.2. Cancellation by the SELLER
If, before the start of the stay, the SELLER is required to cancel the reservation, they will inform the CLIENT by any appropriate means, in particular by telephone, with confirmation by email.
The CLIENT, without prejudice to any claim for compensation for potential damages suffered, will be refunded within five (5) days from the date of the cancellation notice, of all amounts already paid.
The CLIENT will also receive compensatory indemnity equivalent to the amount they would have had to pay if the cancellation had been made by them on the same date.
Article 10. Wine Availability
The products offered for sale are those presented on the website www.vin-alsace-gueth.com, subject to availability.
If a product is unavailable or a vintage is out of stock after the order has been placed, the SELLER will inform the CLIENT by email or telephone within a maximum of three (3) business days from receipt of the order.
The SELLER may then propose:
• a similar product, or
• an equivalent vintage.
The CLIENT will have a period of five (5) business days from this notification to communicate their choice by mail or email:
• Acceptance of the proposed product or vintage, or
• Refusal and request for partial or total cancellation of the order.
In case of refusal, the SELLER will refund the unavailable product(s) within a maximum of fourteen (14) days from the confirmation of the cancellation.
The SELLER reserves the right to modify the product offering on the website at any time.
Each product is described through a detailed description of its essential characteristics, price, and any applicable shipping costs.
Texts, descriptions, images, and photographs on the website are provided for information purposes only and are not contractually binding.
Article 11. Right of Withdrawal
In accordance with Articles L.221-18 to L.221-28 of the French Consumer Code, the CLIENT has a period of fourteen (14) days from the receipt of the products to exercise their right of withdrawal, without having to justify their decision or bear any costs other than those related to returning the products.
The CLIENT may choose to return all or part of the products ordered. Direct costs of returning the products are the responsibility of the CLIENT.
To exercise their right of withdrawal, the CLIENT must notify the SELLER of their decision in writing (by letter or email) within the aforementioned period, and then return the products within a maximum of 14 days following the notification.
The SELLER will refund the CLIENT the full amount paid for the returned products within a maximum of fourteen (14) days from the receipt of the products in perfect condition at the SELLER’s premises. The refund will be made using the same method of payment used by the CLIENT at the time of order.
Products must be returned in their original condition, complete (packaging, protection, accessories), and unopened.
Any product that has been opened, unsealed, damaged, or partially consumed will be excluded from the right of withdrawal and cannot be refunded.
The CLIENT is responsible for the packaging of the returned products. Any damage incurred during return transport may result in refusal of the refund. It is therefore recommended that the CLIENT keep the original packaging and ensure appropriate protection during return shipment.
Article 12. Wine Prices
The prices of products presented on the website www.vin-alsace-gueth.com are indicated in Euros (€), all taxes included (VAT and other taxes applicable on the day of the order), including lost glasses and packaging, for products packaged and ready for shipment.
The prices indicated on each product page are ex-cellar at GUEBERSCHWIHR, excluding shipping costs.
Shipping costs may apply depending on the total amount of the order and/or the number of bottles ordered; these conditions are specified in the online shop.
The CLIENT may benefit from quantity discounts starting from a certain purchase volume. The applicable conditions and rates can be consulted in the online shop or provided upon request.
For any shipment to Corsica or to a country not offered during the order validation, the CLIENT is invited to contact the SELLER via the contact form on the website to obtain a personalized price quote.
The SELLER reserves the right to modify its prices at any time. However, products will be invoiced based on the prices in effect at the time the order is recorded by the CLIENT.
Offers are always subject to product availability.
In the event of total or partial unavailability, the CLIENT will be refunded for the unavailable products, without compensation or penalty, within a maximum of fourteen (14) days following the confirmation of unavailability.
Article 13. Wine Delivery
Products are delivered by carrier to the address provided by the CLIENT at the time of order. The delivery address must be within the geographic area agreed upon at the time of purchase.
Deliveries are made only to the ground floor. For delivery to upper floors or locations requiring special access conditions, the CLIENT must contact the SELLER before ordering to obtain an appropriate delivery fee.
Delivery times are provided for informational purposes only. If delivery has not been completed within thirty (30) days of the order, the CLIENT may request the termination of the contract and will be refunded all amounts paid.
In the case of delivery by carrier, the SELLER cannot be held responsible for delays due to the CLIENT’s unavailability after several proposed appointments.
Any request to change the delivery address after the order has been shipped must be sent by email to the SELLER by the CLIENT and will incur additional charges.
The SELLER cannot be held responsible for any inability to deliver due to causes beyond its control, including, but not limited to: carrier failure, CLIENT absence, errors or inaccuracies in the address provided, or lack of information regarding access conditions (building code, opening hours, etc.).
Products sold by the SELLER travel at the SELLER’s risk, with the transfer of risk occurring upon delivery at the address provided in the order. The CLIENT agrees to be present or to designate a person to receive the delivery.
The CLIENT is required to check the condition of the packages upon receipt, in the presence of the delivery person.
Any claim regarding breakage, damage, missing items, or theft must be made immediately on the delivery slip, in a precise and detailed manner, and signed by the CLIENT, who must keep a copy.
In the event of damage or breakage: the CLIENT must refuse the damaged package(s) and indicate this clearly on the delivery slip.
In the event of theft or missing items: the CLIENT must record explicit reservations stating the number of missing and/or received packages.
In all cases, the CLIENT must confirm these reservations to the SELLER in writing (email or letter) within 48 hours following delivery.
Failure to provide precise and timely reservations will result in the delivery being considered compliant.
Article 14. Warranties
All products sold by the SELLER benefit from the legal warranty against hidden defects, as provided for in Articles 1641 to 1648 and 2232 of the French Civil Code, as well as the legal warranty of conformity provided for in Articles L.217-3 to L.217-20 of the French Consumer Code.
If the CLIENT considers that the quality of the delivered products may be in question (defectiveness, deterioration, hidden defect), they must inform the SELLER in writing (letter or email) within a maximum of fifteen (15) days following receipt of the products.
After examining the claim, the SELLER may, at their discretion:
• take back the products concerned,
• exchange them, or
• refund the CLIENT.
However, the SELLER will only consider claims regarding wines purchased less than one (1) year ago.
To ensure proper preservation of the wines, the CLIENT undertakes to store the products under suitable conditions, in particular:
• protected from freezing,
• in a cool and temperate place,
• without sudden temperature variations,
• away from direct light and excessive humidity,
• away from any heat source.
Any deterioration resulting from non-compliant storage conditions shall in no case engage the responsibility of the SELLER.
Article 15. Force Majeure and Liability
The SELLER’s liability cannot be engaged in the event of non-performance or delay in the performance of any of its obligations under these General Terms and Conditions of Sale, when such non-performance results from a case of force majeure, as defined by Article 1218 of the French Civil Code.
A case of force majeure is considered to be any external, unforeseeable, and irresistible event making the performance of the contract impossible under normal conditions.
Cases of force majeure include, but are not limited to: natural disasters, exceptional weather conditions, fires, pandemics, epidemics, administrative or governmental decisions, strikes, power or network outages, or any other event beyond the reasonable control of the SELLER.
In the event of such an occurrence, the SELLER will inform the CLIENT as soon as possible by any appropriate means. The contract may then be suspended, postponed, or terminated without compensation, depending on the nature and duration of the event.
Article 16. Retention of Title
The SELLER retains full and complete ownership of the products sold until full and effective payment of the price, including principal and additional charges, in accordance with Articles 2367 et seq. of the French Civil Code.
In the event of total or partial non-payment by the CLIENT, the SELLER may claim ownership of the products after sending a formal notice that remains without effect for a period of 8 days. The products must then be returned to the SELLER at the CLIENT’s expense and risk.
The transfer of risk (loss, theft, damage) relating to the products occurs as soon as the products are handed over to the carrier or, in the case of collection at the estate, as soon as they are made available to the CLIENT. From that moment, the CLIENT assumes full responsibility for their safekeeping, even if ownership has not yet been transferred.
Article 17. Archiving and Evidence
The SELLER retains order forms and invoices on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 1379 of the French Civil Code.
The SELLER’s computerized records, kept under reasonable security conditions, shall be considered as evidence of communications, orders, payments, and transactions between the SELLER and the CLIENT.
Unless proven otherwise by the CLIENT, these records constitute proof of the content and date of the order.
Article 18. Personal Data
The SELLER undertakes to respect the confidentiality of personal data provided by the CLIENT in connection with orders and their follow-up, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and French Law No. 78-17 of 6 January 1978, as amended.
The information collected is necessary for processing orders, managing the commercial relationship, and, where applicable, sending commercial information when the CLIENT has given consent.
The CLIENT has the following rights at any time:
• Right of access to their data,
• Right to rectification in case of inaccurate data,
• Right to erasure (“right to be forgotten”),
• Right to object to the processing of their data,
• Right to restriction of processing,
• Right to data portability.
The CLIENT may exercise these rights by sending a written request to the SELLER, by letter or email, accompanied by proof of identity.
For more information on data processing, the CLIENT is invited to consult the dedicated page: “Privacy Policy” available on the SELLER’s website.
Article 19. Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by French law. The language for interpretation and execution of these terms is French.
In the event of a dispute, the parties will attempt to find an amicable solution before taking any legal action.
Failing an amicable agreement:
• If the CLIENT is a consumer:
The CLIENT may bring the matter before either the competent court of their place of residence or that of the SELLER’s registered office.
• If the CLIENT is a professional:
The dispute shall be submitted to the Commercial Court of COLMAR (Haut-Rhin), which shall have exclusive jurisdiction.