GENERAL TERMS AND CONDITIONS OF SALE

1 DÉFINITIONS

The parties to the contract – the buyers – of the Wine Estate will be referred to as “The Client.”

The Wine Estate – the seller – will be referred to as “The Estate.”

2 SCOPE OF THE GTC

These general terms and conditions are binding on the parties as soon as any contract is formed between “The Estate” and each of its clients and apply to all its activities, especially to all wines and associated products.

Unless otherwise stipulated in special conditions, these terms prevail over any other general terms and conditions of sale or purchase and, generally, over any other contractual and commercial provisions and interprofessional agreements.

They remain applicable even if one of the parties does not invoke them at a given time.

French law will apply.

The contractual relationship is formed by the submission of an order form by the Client to “The Estate” and its acceptance by the latter, even if the sale is made through any intermediary (agent, importer, broker, trader, etc.).

“The Estate” reserves the right to apply restrictions on certain ordered products or even refuse to fulfill an order desired by a client.

The Client expressly waives the benefit of Article 1587 of the Civil Code, which conditions the finalization of the order on the buyer’s tasting and approval.

As an exception to other sales methods, the consumer has a 14-day withdrawal period in case of purchase via the internet or by phone. In this case, the sale is automatically terminated, and the ordered products are immediately and fully returned to “The Estate” at the client’s expense, just as the price is returned to the client, including delivery costs.

To exercise the right of withdrawal, the client must notify their decision to withdraw from this contract by an unambiguous statement (e.g., letter sent by post, fax, or email). The client may use the model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for the client to send their communication regarding the exercise of the right of withdrawal before the withdrawal period has expired.

The order form provides all elements of the contractual relationship, determining in particular the nature of the wines ordered, the choice of containers, the chosen vintages, the desired quantities, the applicable rates, the various transport costs, and the total amount to be invoiced.

3 PRICES

The pricing of wines sold by “The Estate” is available to anyone who requests it.

All our offers of deliverable wines, accessories, gift cards, and training are valid while stocks last, excluding promotions and special offers.

Prices are expressed in Euros (€) and displayed inclusive of all French taxes (French VAT and all other applicable taxes).

Prices are stated by type of container chosen by the client (bottle, BIB, liter, etc.) and vary depending on the different products sold and vintages.

Unless otherwise agreed, only the tariff in effect on the date of the order placement applies to the relationship between “The Estate” and its clients.

The product pricing is stated excluding transport costs, which are invoiced based on the number of bottles and the final weight of the order.

Commercial discounts may be granted based on volumes ordered, over a given period, or by isolated order, and may also take the form of allocations of free bottles or products.

4 DELIVERY TIMES OF ORDERED WINES AND DELIVERIES

Only the delivery times mentioned on the order form are considered.

Delivery times start from the acceptance of the order by “The Estate,” which may be conditioned on the receipt of all or part of the price or any document that may be necessary for the execution of the order.

The times indicated by “The Estate” are purely indicative – unless the parties have made it a mandatory contractual condition – and cannot be opposed to the latter to serve as the basis for any compensation claim in case of delivery delay.

The times are suspended if THE CLIENT does not fulfill the obligations they are contractually bound to towards “The Estate.”

In general, “The Estate” disclaims any responsibility for delivery delays that may occur and are not its fault.

Any modification or cancellation of an order requested by the client can only be considered with the agreement of “The Estate” and provided that it is received in writing by “The Estate” before the wine shipment.

If “The Estate” does not accept the cancellation or modification request, the deposits paid can only be refunded in the form of a credit note in merchandise value, usable within sixty days from the date of the credit note issuance. After this period, the credit is permanently lost.

The goods always travel at the risk of the client-recipient, regardless of the sales conditions, pricing, mode of transport, shipping, and delivery, whether the shipment is prepaid or not.

Upon delivery, any missing, non-compliant, or visibly defective items must be noted on the delivery note to preserve the client’s recourse against the carrier and written notice from the CLIENT to “The Estate” within 48 hours of delivery to enable the latter to participate in the claim.

In the case of a damaged package, the client must refuse it. The mention “subject to unpacking” or any other equivalent statement made by the client has no effect.

Failure to comply with these conditions will irrebuttably presume that the entire delivery conforms to the order and is free of visible defects.

Any dispute about the conformity of the products or their defective nature can only lead to a temporary suspension of their payment, which must be strictly limited to the exact amount of their invoice, with the remainder of the total invoice due on its due date.

Deliveries are made without guarantee against freezing and climate variations, even significant ones.

Bottles must always be kept lying down and in a cool place, away from heat and freezing.

The good quality of the wines is guaranteed by “The Estate,” whose responsibility cannot be sought beyond the simple replacement of the goods deemed defective at the departure from the cellars. This defectiveness must be proven by the client and jointly verified by The Estate itself.

5 PAYMENT AND LATE PAYMENTS

Unless otherwise agreed, all payments must be made by any payment means and be effectively received in the “The Estate’s” account no later than the day before the order shipment.

Exceptionally, scheduled payments may be arranged between the contracting parties.

In the event of non-payment on the due date of the entire invoice or the first contractual installment and without prior notice, “The Estate” will have the right to retain the goods subject to upcoming deliveries and may suspend or cancel ongoing orders while demanding payment of all due or to-be-due receivables.

Non-payment of invoices on their due dates results in the automatic and immediate payment of the entire receivables owed to the Domaine by the client, regardless of the situation.

Any late payment will automatically result in a late penalty for “The Estate” equal to 1.5 times the legal interest rate, calculated from the invoice’s due date, without prior notice.

This late penalty will be increased by 2% (i.e., 3.5 times the legal interest rate) from the receipt of a registered letter with acknowledgment of receipt serving as a formal notice.

Any payment delay exceeding 15 days and subject to formal notice by registered mail with acknowledgment of receipt or extrajudicial act will be subject to a 20% surcharge.

The application of this penalty clause is cumulative with late interest and various costs.

THE CLIENT will be considered in default, with all the legal consequences provided in Article 7 below, if payment is not made within 8 days of receiving a registered letter with acknowledgment of receipt serving as a formal notice.

6 RETENTION OF TITLE

The delivered products, wherever they may be, remain the property of “The Estate” until full payment of the order. The mere delivery of a bill of exchange or any other instrument creating an obligation to pay does not constitute payment.

In possession of the delivered products and before full payment of the price, the client is responsible for them, with the transfer of possession transferring the risks.

Consequently, the client formally undertakes to take out insurance covering the risks of loss, theft, or destruction of these products.

In the event of insolvency proceedings against the CLIENT, “The Estate” reserves the right to reclaim ownership of the sold products in accordance with the legal provisions in force.

The ownership of the sold products is definitively transferred to the purchaser after full payment of the price and accessories.

7 RETURN OF GOODS IN CASE OF NON-PAYMENT

“The Estate” will be entitled to repossess the sold products, wherever they may be and at the CLIENT’s expense, in case of non-payment of the sums due under the contract, eight days after the client’s default has been noted, regardless of the cause.

The CLIENT undertakes to inform “the Estate” of any transfer or contribution to the company’s assets or business, to allow the latter to assert its rights in the distribution of the sequestered price.

8 FORCE MAJEURE

The parties agree to consider any event entirely beyond their control as a force majeure case producing the legal effects defined by Article 1218 of the Civil Code.

As a result, each party will be exempted from their contractual and/or tortious liability when they have been prevented from giving or doing what they were obliged to do due to the occurrence of the above-described event.

9 LIABILITY

By express agreement between the parties, no legal action or claim from the client, whatever it may be, may be initiated or made against “the Estate” more than six months (6 months) after the occurrence of the triggering event.

The responsibility of “The Estate” can only be engaged in the event of proven fault and only within the limit of the price of the merchandise (the bottle(s)) deemed defective between the client and “the Estate” to the exclusion of any indirect and/or immaterial damages, such as, in particular, any financial, commercial, resulting from a drop or loss of operation or profit, etc.

10 TERMINATION AND CANCELLATION

In case of non-performance of its obligations by either party and after a formal notice that remains ineffective for 8 days, by registered letter with acknowledgment of receipt or extrajudicial act, the defaulting party may have the contract automatically terminated or canceled without the need for a court order.

11 PROTECTION OF MINORS

In accordance with Article L. 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Client declares and undertakes to be at least 18 years old at the date of the order.

12 HEALTH WARNING

Excessive alcohol consumption is dangerous for your health. It should be consumed in moderation.

13 LEGAL INFORMATION

In accordance with Article 27 of Law No. 78-17 of January 6, 1978, personal data provided by the client may be subject to access and rectification rights with “The Estate.”

To meet customer needs and provide optimal service, “The Estate” may record certain personal data (name, first name, address). This information is intended exclusively for “The Estate.” Credit card payments are secured by an online payment system compliant with SSL standards. Furthermore, all banking information provided during online purchases is neither stored nor visible on the Internet. “The Estate” guarantees the confidentiality of this data.

14 PROTECTION OF FILES AND DATA

Personal information collected is intended to better respond to requests and process orders. In accordance with Law No. 78-17 of January 6, 1978, concerning Data Processing, Files, and Freedoms, the client has the right to access, rectify, and delete personal data concerning them and subject to processing under the responsibility of “The Estate.” The Client can exercise this right by contacting customer service by email or at the headquarters address of “The Estate.”

15 DISPUTES

15.1 Arbitration Clause

Any dispute arising from the formation, execution, or termination of contractual relations between the parties must be submitted to prior arbitration by a third party (arbitrator, mediator, or conciliator) chosen by the parties, according to the modalities defined in this article.

The third party is seized within three months from the date on which a party became or should have become aware of the existence of a dispute, from date to date, by registered letter with acknowledgment of receipt or by letter delivered by hand against a receipt by the party wishing to challenge the formation, execution, or termination of a contract.

Failing that, the parties lose all right to action.

The parties make this article an arbitration clause, with an imperative character, rendering inadmissible any legal action not preceded by a regular referral to the arbitrator or mediator or conciliator.

It is only in the event of the persistence of the dispute that the parties may submit it to the jurisdiction of the courts.

15.2 Jurisdiction Clause

In the absence of an amicable solution to the dispute between the parties, they shall choose the exclusive jurisdiction of the courts at the location of the headquarters of “The Estate.”

16 MODEL WITHDRAWAL FORM

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of [the professional inserts here their name, geographical address, and, where available, their fax number and email address]:

I/we (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

– Ordered on (*)/received on (*):

– Name of consumer(s):

– Address of consumer(s):

– Signature of consumer(s) (only if this form is notified on paper):

– Date:

(*) Delete as appropriate.

To access Decree No. 2014-1061, click here;

For more information, visit “www.Netvs.org,” Fiche B.10/37.

Pour en savoir plus, le site «www.Netvs.org »,Fiche B.10/37.