Terms of sale

These General Terms and Conditions of Sale alone shall govern all sales contracts concluded between SCA Les Vignerons de Mont-près-Chambord, hereinafter referred to as "the Vendor", and the customer, hereinafter referred to as "the Buyer", unless otherwise agreed in writing by the Vendor.

It is expressly stipulated that all clauses printed in the margins, in the body of letters, of the Buyer's order forms and contrary to these General Terms and Conditions of Sale may not be invoked against the Vendor, unless they have been the subject of a prior written agreement specific to the contract in question.The placing of any order with the Vendor implies acceptance of these General Terms and Conditions of Sale and express waiver by the Buyer of its general or special terms and conditions of purchase, as well as express waiver of the benefit of article 1587 of the French Civil Code. By placing an order, the Buyer is irrevocably deemed to have read and accepted all of our general terms and conditions of sale.

FORMATION OF THE SALE

In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, by placing an order, the Buyer declares that he/she is at least eighteen (18) years old on the date of the order. The Vendor's offer is only addressed to Buyers who meet this condition. Receipt by the Vendor of the order constitutes a sale unless the Vendor gives notice within 5 working days that it is impossible to honour the said order or that full payment of the price is required before delivery, as stated below. In the latter case, the sales contract will not be formed until the Vendor has received full payment of the price and its accessories. The contract is governed by the commercial conditions in force on the date on which the order is placed. The prices quoted in our price lists are exclusive of VAT, net and without discount, exclusive of packaging costs other than those usually charged by the Seller and exclusive of transport costs (except for carriage-paid sales). The price paid by the Buyer is the price indicated on the price list in force on the day of delivery. Prices may be changed at any time without notice.

INFORMATION TECHNOLOGY AND PRIVACY

In accordance with Law 78-17 of 6 January 1978, amended by the Law of 6 August 2004, the Buyer has the right to access and rectify any personal data concerning him/her. This right may 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 the transfer of risks take place either by direct handover to the customer, or by simple notice of availability, or by delivery of the goods to a shipper or carrier designated by the Buyer or, in the absence of such designation, indicated by the Seller, at the customer's expense, risk and peril and, in any event, at the latest as soon as the goods leave the Seller's warehouses. In accordance with the provisions of article 133.3 of the French Commercial Code, the customer must notify the carrier of any justified complaint by registered letter within three working days of receipt.In the event of delivery of products that do not comply with the specifications in the order, the Vendor's liability is strictly limited to the obligation to replace the said non-conforming goods, to the exclusion of all damages and interest. No complaint made more than 3 days after the date of receipt of the goods indicated on the transport documents may be taken into consideration by the Vendor. Any return of goods must be accepted in advance by the Seller, failing which it will be unenforceable. Without the Vendor's agreement, returns will be made at the customer's expense and risk. The Seller may not be held responsible for failure to comply with the delivery instructions actually given to the carrier in accordance with the Buyer's instructions (date, times, delivery notice). Any delay in delivery shall not justify cancellation of the order, rescission of the sale or damages. The Vendor's obligations will be suspended ipso jure and without formality, and the Vendor will be released from liability, in the event of the occurrence of a case of force majeure or an act of God or similar event, as well as in the event of the occurrence of any circumstance occurring after the conclusion of the sales contract and preventing its performance under normal conditions by the Vendor, whether or not these circumstances have the legal characteristics of force majeure or an act of God.

AVAILABLE STOCKS

If available stocks are insufficient, the Seller will inform the Buyer as soon as possible. The Vendor will then endeavour to offer the Buyer an alternative solution, for example the next vintage or an equivalent wine. In the absence of such a proposal or agreement, the Vendor shall reimburse the Buyer the sums paid within 30 days of receipt of said sums. In the event of delivery of substitute products without the Buyer's prior agreement, the return costs resulting from the exercise of the right of withdrawal shall, in this case, be borne by the Vendor.

WITHDRAWAL POLICY (Specific provision for consumers) - REFUND POLICY

Pursuant to the provisions of articles L.121-16 et seq. of the French Consumer Code, the Buyer has a period of seven (14) clear days from delivery to return the products to the Vendor and request a refund.

The Purchaser must first inform the Vendor by MUST contact the After Sales Service (SAV) of the Vignerons de Mont-Près-Chambord by email at cavemont@orange.fr, in order to explain the problems encountered and to obtain the exchange or refund formalities, depending on the case. In order to speed up the processing of your request, it is also imperative to communicate your order number in each e-mail exchange. The return of products is at the expense and under the responsibility of the Buyer to the address communicated by the Seller.

To complete your refund, we require a receipt or proof of purchase showing that you refused the goods at the time of delivery.

To be eligible for a return, your item must be unused and in the same condition as you received it. It must also be in the original packaging, in the case of wines, in the unopened cartons.

Damaged products will not be taken back by the Seller. Undamaged products will be reimbursed within 30 days of the date of withdrawal, subject to receipt of the returned products. This right of withdrawal is only available to consumers, as professionals cannot take advantage of the provisions of this article.

Returns

Please do not return your purchase to the manufacturer, as we will only refund faulty or damaged items.

Refunds (if applicable)

Once your refusal to accept the goods has been inspected, we will send you an email to inform you that we have received and processed it. If your request is approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within a specified period of time.

We will only refund faulty or damaged items.

Late or missing refunds (where applicable)

If you have not yet received a refund, first check your bank account, then contact your credit card company, as it may take some time before your refund is officially issued, and then contact your bank. If you have done all this and still have not received your refund, please contact us at cavemont@orange.fr.

We only refund faulty or damaged items.



RETENTION OF TITLE

By mutual agreement of the parties, in accordance with law no. 80 335 of 12 May 1980 and article 121 paragraph 2 amended of law no. 85 98 of 25 January 1985, the goods delivered remain the property of the Seller until full payment of their price, principal and accessories.Notwithstanding this provision, the Buyer shall bear the risks in the event of loss or destruction upon delivery of the goods as defined above. In the event of reclamation of the goods for partial or total non-payment, the goods in stock shall be deemed irrevocably to correspond to the unpaid claims. Payment is understood to mean either the actual handing over of cash, the cashing of cheques or the payment of bills of exchange. Bills of exchange sent to our customers for acceptance must always be returned accepted and domiciled within fifteen days of being sent. For the duration of the reservation of title in favour of the Seller, the Buyer shall store the goods delivered by us in such a way that they remain identifiable and cannot be confused with other goods. The goods must be stored at all times in accordance with the specifications specific to the products (compliance with the acceptable temperature range for the products in question, no exposure to sunlight, etc.) and insured by the Buyer. In the event of a claim, the settlement received from the insurance company will be retained by the Seller, subject to any recourse against the Buyer. The Buyer may not pledge the goods or transfer ownership of them by way of security. The Buyer may only dispose of the goods in the context of regular business concluded under customary conditions and provided that it is not in arrears or in a state of suspension of payments.The Seller may invoke the present retention of title clause after formal notice has been given by registered letter with acknowledgement of receipt sent to the customer and remained wholly or partially without effect. The goods must then be immediately returned to the Seller under the conditions generated by the nature of the products.

TERMS OF PAYMENT

Unless otherwise agreed, our invoices are payable in cash when the order is placed. Goods are payable at the Seller's head office, to the order of : SCA Les Vignerons de Mont-près-Chambord. The method of payment, whatever it may be, is not a derogation from this place of payment. In the event of a sale with 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 4 August 2008.The Seller reserves the right to require cash payment or a financial guarantee at the time the order is placed, if the Buyer's financial situation appears to require it (late or non-payment of previous invoices, unsatisfactory financial information, etc. If, at the time of a previous order, the Buyer has failed to fulfil one of its obligations (default or late payment, for example), the sale may be refused unless the Buyer provides satisfactory guarantees or cash payment.

INTEREST ON LATE PAYMENT

In the event of late payment by the Buyer, a fixed indemnity for collection costs of €40 per invoice shall be payable to the Seller, in accordance with article 121-II of law no. 2012-387 of 22 March 2012 and decree no. 2012-1115 of 2 October 2012. In addition, in accordance with article L 441-6 of the French Commercial Code, late payment penalties will be applied in the event that the sums due are paid after the payment date shown on the invoice. These penalties are at a rate equal to three times the legal interest rate, prorated for the days elapsed since the due date.

ECONOMIC REGULATIONS

The Vendor does not accept orders from a Buyer who does not comply with the economic regulations in force (for example, resale at a loss of products appearing in our price lists). The discovery of these facts will result in the immediate suspension of deliveries by the Seller.

RESOLUTORY CLAUSE

In the event of non-performance by the Buyer of any of its obligations, orders in progress will be cancelled automatically and without formality simply by sending a registered letter with acknowledgement of receipt reminding the Buyer of this clause. Any deposits received by the Vendor will be definitively retained by the Vendor as initial damages by way of express compensation.

PENAL CLAUSE

The collection of an invoice by legal action or the intervention of a bailiff, following the Buyer's failure to take action, shall result in the Buyer paying a fixed penalty of 15% of the amount of the sums still due by way of a non-deductible penalty clause within the meaning of article 1229 of the French Civil Code.

ATTRIBUTION OF JURISDICTION

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

APPLICABLE LAW

Sales by the Vendor are governed solely by French law, to the express exclusion of all international agreements and all rules of conflict of law that may lead to the application of rules other than French law. Documents drawn up in French have sole contractual value and are the only authentic documents between the parties.