Any order placed with us implies agreement with and adhesion to our Sales Terms.
All of our wines are sold with excise duties included and circulate under ‘bon de livraison valant DSA’. Our wines travel at the risk of the customer. They must be transported and stored in temperature conditions which allow their quality to be preserved (>5°C – 25°C<). No claim will be accepted if these conditions are not respected by the purchaser.
Our prices include all taxes from our warehouse, situated at 900 rue des Prés Moulin, Passy. Our sales are made according to the prices in effect on the day of the order. The rate of VAT applicable is that in force on the day of delivery. Our prices include all of the duties, taxes and contributions that may be applicable on the date of publication of prices and documents. We reserve the right to automatically increase our prices in the case of an increase in duties, taxes and/or contributions.
Acceptance of orders – Delayed availability – Delivery delays
The realisation of orders is subject to the previous acceptance by our company of specified conditions (quality, quantity, price, vintage, delay in availability/delivery, delay in payment). In the case of express refusal in one or more of these specified conditions, we will propose modifications to the client where appropriate. Acceptance of our propositions implies acceptance of the order. For products said to be on permanent availability, the delay in availability is 8 working days plus reasonable time to prepare the order from the date of receiving the order. We reserve the right to change this timescale by informing the client at least 3 days before the day when the wine becomes available without any penalty. Our company reserves the right to reduce or refuse any order appearing abnormal in terms of quantity in case of the risk of client insolvency, or by account of the fact that our wines are by nature limited in stock. Absence of stock implies no right to any indemnity or damages of any sort.
Terms of delivery
It is the client’s responsibility to verify the state of the merchandise at the point of receiving it. Any claims or reservations must be made upon the delivery note upon receiving the goods and confirmed by the transporter by registered letter within three days of the delivery (Article 105 du Code du Commerce). No subsequent claim may be made.
Invoices are made payable to our warehouse. Payments must be made on time, following the conditions marked on the invoice. Early payments have no right to any discount unless previously agreed by us. In the case of non-payment of an invoice by the agreed deadline, a penalty equal to three times the legal rate of interest will be immediately required. This penalty is due without the issuance of a formal notice. It is independent of any damages or interest (article 700 du NCPC) which may be payable. The client must reimburse any expense incurred during the recovery of unpaid sums including a fixed fee of 40€. By express agreement, a default on payment for our wines will mean any other invoices remain payable.
Reservation of ownership
All of our products remain the property of our company until payment is made in full. All risks are transferred to the purchaser upon delivery or collection. The restitution of any unpaid goods will be carried out at the cost and the risk of the purchaser, 5 days after a formal notice requiring payment remains unfruitful. It is agreed that the goods will be returned to us in chronological order of purchase. By consequence the goods in the purchasers stock will be irrevocably returned according to invoices unpaid to our company. The purchaser is obliged to inform our company without delay in the case of judicial liquidation or redress, in the case of seizure or any other measure taken by a third party, and to inform us of the exact location of storage of goods delivered yet hitherto unpaid.
The client is forbidden from divulging commercial information which he may have come to know over the course of his relationship with our company.
Place of jurisdiction
In the case of litigation, the courts of Montpellier will be the only competent authority, even in the case of the introduction of multiple defendants or third parties. They will rule in accordance with French law regardless of the place of execution of the contract.