Terms of Sales

It is expressly stipulated that all clauses printed in the margin, in the body of the letters, of the Buyer's order forms and contrary to these General Conditions of Sale cannot be opposed to the Seller, unless they have is the subject of a prior written agreement specific to the contract in question.
Placing any order with the Seller implies acceptance of these general conditions of sale and express waiver by the Buyer of its general or specific conditions of purchase, as well as express waiver of the benefit of article 1587 of the Civil Code . By placing an order, the Buyer is irrevocably deemed to have read and accepted all of our general conditions of sale.

SALES TRAINING

In accordance with article L. 3342-1 of the Public Health Code which provides that the sale of alcohol to minors under eighteen (18) years of age is prohibited, the Buyer declares, by placing an order, to have eighteen (18) years of age on the date of the order. The Seller's offer is only addressed to Buyers meeting this condition.
Receipt by the Seller of the order constitutes a sale unless notified by the Seller within 5 working days of the impossibility of honoring the said order or of the requirement for full payment of the price before delivery as stated below. In the latter case, the sales contract will only be formed on the day of receipt of the entire price and its accessories by the Seller. The contract is governed by the commercial conditions in force on the date the order is placed.
The prices shown in our rates are exclusive of VAT, net and without discount, excluding packaging costs other than those usually charged by the Seller, excluding transport costs (except free sales). The price paid by the Buyer is the price indicated on the price list in force on the day of delivery. Prices are subject to change at any time without notice.

COMPUTER AND FREEDOM

In accordance with Law 78-17 of January 6, 1978 modified by the Law of August 6, 2004, the Buyer has a right of access and rectification of personal data concerning him. This right can be exercised by writing to the Seller at the following address: SCA Les Vignerons de Mont-près-Chambord – 816 la petite rue – 41250 Mont-près-Chambord
- France.

DELIVERY TRANSFER OF RISKS

Delivery and transfer of risks are carried out either by direct delivery to the customer, or by simple notice of availability, or by delivery of the goods to a shipper or to the carrier designated by the Buyer or, in the absence of this designation, indicated by the Seller, at the expense and risk of the customer and, in any event, at the latest as soon as the goods leave the Seller's warehouses. It is the customer's responsibility to check the weight and contents of the package upon arrival and to make the usual reservations with the carrier for any anomaly.
In accordance with the provisions of art. 133.3 of the Commercial Code, the customer must notify the carrier, by registered letter within three working days of receipt, of his reasoned complaint.
Whatever the reservations expressed upon receipt, for example possible breakage, the portion of the delivery delivered in good condition and in conformity with the order is paid at the agreed price and according to the payment terms provided for when the order is placed.
In the event of delivery of products not conforming to the specifications of the order, the Seller's liability is strictly limited to the obligation to replace said
non-compliant goods to the exclusion of all damages. No complaints dating from more than 3 days after the date of receipt of the goods shown on the transport documents will be taken into consideration by the Seller. The deliveries are then irrefutably deemed to conform to the order and in good condition, whatever the customer's claims (missing, defective goods, etc.) once this period has passed.
Any return of goods must first be accepted by the Seller otherwise it will not be binding on him. Without agreement from the Seller, they will be carried out at the customer's expense, expense and risk.
Delivery times are given as an indication. The Seller cannot be held responsible for non-compliance with the delivery instructions actually transmitted to the carrier according to the Buyer's instructions (date, times, delivery notice). Any delay in delivery cannot justify cancellation of the order, resolution of the sale or damages. The Seller's obligations will be suspended automatically and without formality, and its liability released, in the event of the occurrence of force majeure or fortuitous or similar events, as well as in the event of the occurrence of any circumstance occurring after the conclusion of the contract. sales contract and preventing execution under normal conditions by the Seller, whether or not these circumstances present the legal characteristics of force majeure or fortuitous event.

AVAILABLE STOCKS

If available stocks are not sufficient, the Seller will inform the Buyer as soon as possible. The Seller then endeavors to offer the Buyer an alternative solution, for example relating to the following vintage or an equivalent wine.
In the absence of a proposal or agreement to this effect, the Seller reimburses the Buyer the sums paid within 30 days of receipt of these sums.
In the event of delivery of replacement products without prior agreement from the Buyer, the return costs resulting from the exercise of the right of withdrawal are, in this case, the responsibility of the Seller.

OPTION OF WITHDRAWAL (Specific provision for consumers)

In accordance with the provisions of articles L.121-16 et seq. of the Consumer Code, the Buyer has a period of seven (7) clear days from delivery to return the products to the Seller and request reimbursement. . The Buyer must first inform the Seller in writing. The return of products is carried out at the expense and under the responsibility of the Buyer to the address communicated by the Seller. Damaged products will not be taken back by the Seller. Reimbursement of undamaged products will take place within 30 days from the date of withdrawal, and subject to receipt of the returned products. This right of withdrawal is only open to consumers, professionals cannot rely on the provisions of this article.

RESERVATION OF PROPERTY

By mutual agreement of the parties, in accordance with Law No. 80 335 of May 12, 1980 and article 121 paragraph 2 amended of Law No. 85 98 of January 25, 1985, the delivered goods remain the property of the Seller until full payment of their price, principal and accessories.
Notwithstanding this provision, the Buyer will bear the risk in the event of loss or destruction upon delivery of the goods as defined above. In the event of a claim for the goods for partial or total non-payment, the goods in stock are irrevocably deemed to correspond to the unpaid debts. By payment, we mean either the actual delivery of cash, or the cashing of checks, or the payment of commercial instruments. Bills of exchange sent for acceptance to our customers must always be returned accepted and domiciled within fifteen days of their sending. Failure to return will be considered as refusal of acceptance equivalent to failure to pay.
For the duration of the retention of title for the benefit of the Seller, the Buyer will keep the goods delivered by us in such a way that they remain identifiable and cannot be confused with others. The goods must be constantly stored in accordance with the specifications specific to the products (compliance with the acceptable temperature range for the products in question, no exposure to the sun, etc.) and ensured by the Buyer. In the event of a claim, payment from the insurance company will be with the Seller, subject to any recourse against the Buyer. The Buyer may neither pledge the goods nor transfer ownership as security. The Buyer may only dispose of the goods in the context of regular business concluded under usual conditions and provided that he is not in arrears or in a state of cessation of payments.
The Seller may take advantage of this retention of title clause after formal notice by registered letter with acknowledgment of receipt addressed to the customer and which remains in whole or in part without effect. The goods must then be immediately returned to the Seller under the conditions generated by the nature of the products.

PAYMENT TERMS

Our invoices are payable, unless otherwise agreed, in cash when ordering. No discount for cash payment will be applied.
The goods are payable at the Seller's headquarters, to the order of: SCA Les Vignerons de Mont-près-Chambord. Any method of payment is not a departure from this place of payment. Only payments made in cash within the limit provided by the Commercial Code, by checks, transfers, bills of exchange or promissory notes, made out in the name of the Seller, are dischargeable.
In the event of a sale accompanied by deferred payment, payment terms may not exceed 60 calendar days from the date of issue of the invoice, in accordance with the LME law of August 4, 2008.
The Seller reserves the right to require cash payment or a financial guarantee at the time of placing the order, if the financial situation of the Buyer appears to require it (delays or non-payment of previous invoices, financial information not satisfactory ...) or if it is a new Buyer.
If, during a previous order, the Buyer has evaded one of his obligations (default or late payment, for example), a refusal of sale may be made to him, unless this Buyer provides guarantees, satisfactory or cash payment.

DEFAULT INTEREST

In the event of late payment by the Buyer, a Fixed Compensation for Collection Costs of €40 per invoice will be due to the Seller, in accordance with article 121-II of law no. 2012-387 of March 22, 2012 and decree No. 2012-1115 of October 2, 2012. In addition, in accordance with article L 441-6 of the Commercial Code, late payment penalties will be applied in the event that the amounts due are paid after the payment date appearing on the Invoice. These penalties are at a rate equal to three times the legal interest rate, pro rata temporis for the days elapsed since the due date.

ECONOMIC REGULATION

The Seller does not accept orders from a Buyer who does not comply with the economic regulations in force (for example, practice of reselling at a loss of products appearing in our prices). The observation of these facts results in the immediate suspension of the Seller's deliveries.

CANCELLATION CLAUSE

In the event of non-performance by the Buyer of any of its obligations, current orders will be canceled automatically and without formality by simply sending a registered letter with acknowledgment of receipt recalling this clause. Any deposits collected by the Seller will remain definitively acquired as initial damages by express compensation.

PENALTY CLAUSE

The recovery of an invoice by legal means or the intervention of a bailiff, following the failure of the Buyer, entails for the latter a lump sum compensation of 15% of the amount of the sums remaining due as a non-penalty clause. deductible within the meaning of article 1229 of the Civil Code.

ATTRIBUTION OF JURISDICTION

In the event of any dispute relating to a supply or its payment, and whatever the conditions of sale, delivery and payment accepted, even in the event of an appeal or multiple defendants, only the courts of Blois will have jurisdiction.

APPLICABLE LAW

French law alone governs the Seller's sales, to the express exclusion of all international conventions and all conflict of law rules which may result in the application of rules other than French law. Documents written in French have sole contractual value and are the sole authentic between the parties.