Terms of sales
- The delivery of any order implies, on the part of the buyer, the acceptance of these "General Conditions of Sale", except in the event of specified contrary stipulations included in the text of our order acceptances.
- It is expressly stipulated that all the clauses printed in the margin, in the body of letters, of the buyer's order forms and contrary to the "General Conditions of Sale" cannot be opposed to us unless they have made the 'subject to a prior written agreement specific to the contract in question.
- We are only bound by the commitments that could be made by our representatives and employees subject to confirmation from us.
- This sales contract is only valid after express acceptance on our part of the buyer's order; the order takes a date for delivery only after payment of the deposit specified in the acknowledgment of receipt.
- The supply is always considered taken and approved by the buyer in our cellars and payable as such. Consequently, whatever the destination of the wines and the conditions of sale, delivery is deemed to have been made in our cellars, and the risks relating to the item sold are the responsibility of the buyer: - upon shipment. notice of availability in the absence of planned shipment.
- It is accepted that, by express agreement, the transfer of ownership also takes place in our cellars, even when the price includes ancillary costs in the case of partial deliveries.
- If the shipment is delayed by the purchaser, the wine could be stored with consent, at the expense and risk of the purchaser, without resulting in any change in payment and warranty terms.
- No return of delivered goods can be accepted without prior agreement with the Cave de Saumur. All our goods are checked before shipment and travel at the risk and peril of the recipient. In their interest, recipients are encouraged to check the condition upon receipt and, in the event of a dispute, to specify this in writing on the journey or delivery document.
- Orders are made only for France
Comply with the provisions of art. 105 of the Commercial Code, recipients must notify the carrier by registered letter within three days of receipt of their reasoned complaint.In any event, our obligation to deliver is released by facts outside our control and insurmountable such as; strikes, machine accidents, supply difficulties, etc.
It is formally stipulated that the indicated delivery date is given only as an indication. Delays can in no way justify the cancellation of the order and cannot give rise to damages, whatever the causes, duration and consequences of the delay for the buyer. By express agreement between the parties, termination, even if it was pronounced judicially, would only entail for us the obligation to return the deposit paid without compensation or interest.
Payment for our wines is provided for in our cellars. Any buyer, notified of the completion of his order must pay the balance of the price within a week. After this period, we reserve the right, either to dispose of the wine as we wish and to postpone delivery to a later date, or to cancel the order subject to all our rights, in which case the deposit paid to us. will be acquired as compensation without prejudice to additional damages that may be demanded.It is formally understood that the first payment does not include for the buyer the right to withdraw from his order, subject to the abandonment of his deposit which, in the event of cancellation of the order for personal reasons, would be acquired by Cave de Saumur as compensation for any damages that we may require (deposit returned if distance selling according to law 93-949 of 07/26/93) Despite all agreements, and even in the event of payment delays, the balance of the price still due will become immediately payable:
- If the client is in disarray and requests a moratorium;
- In the event of seizure, even partial, of its assets and legal proceedings;
- In the event of the client's death, liquidation or dissolution of his business.
In the event of a sale with deferred payment, payment terms may not exceed 60 calendar days in accordance with Law No. 2008/776 of August 4, 2008.
In accordance with Article L 441-6 of the Commercial Code, late payment penalties will be applied in the event that the sums due paid after the payment date appearing on the invoice, when the payment occurs beyond the time limit set by these presents. Terms of Sales. These penalties are at a rate equal to one and a half times the legal interest rate.If, during a previous order, the buyer has evaded one of his obligations (default or late payment , for example), a refusal to sell may be opposed to it, unless this buyer provides guarantees, satisfactory or payment in cash.
In the event of judicial recovery or intervention by a judicial officer following failure of the client, the latter will be owed compensation of 15% of the amount of the sums remaining due as a penalty clause. JURISDICTION Any dispute between the client and we ourselves will be the exclusive jurisdiction of the Courts of Angers.
RESERVE OF OWNERSHIP.
Our goods remain our property until full payment of the invoice (law of 12 May 1980). The risk of loss or deterioration of these goods nevertheless falls on the buyer as soon as they are made available.
The buyer will keep the goods delivered by us under retention of title in such a way that they remain identifiable and cannot be confused with others. In the event of non-payment, we expressly reserve the right to take back the goods that the buyer will be required to return to us on the 1st request, without prejudice to any damages due as a result of such termination.