1. Order
By order, we mean any order relating to our products listed in our price list and accepted by our company, subject to available stocks and accompanied by the corresponding payment. Any request to modify the composition or volumes of an order placed by a customer will only be taken into account by our company if the request is made in writing, including by e-mail or fax, and is received by our company no later than 3 days after receipt of the initial order.
2. Delivery times
Orders can be fulfilled within 8 days, excluding Saturdays, Sundays and public holidays, subject to the availability of carriers. Our company will do its utmost to meet the order fulfilment deadlines, except in the event of force majeure. Such as, but not limited to, strikes, frost, fire, storms, floods, epidemics and supply difficulties. Delays in delivery may not give rise to any compensation or penalty.
3. Delivery zone
Orders placed via the Internet can only be delivered to Metropolitan France. Internet users wishing to have their order delivered outside this zone are invited to contact our sales department.
4. Risks
Deliveries are made carriage paid for mainland France. The transfer of risk for products sold by our company takes place when the products are handed over to the carrier. It follows that the products travel at the buyer’s risk, even in the case of carriage-paid sales. Unless otherwise stipulated, products sold outside metropolitan France are shipped ex-cellar or ex-works codified EXW by Incoterms. The transfer of risks takes place when the goods are placed on the truck bed. Export customs clearance, a departure formality, is the responsibility of the seller.
5. Transport, returns, refunds or complaints about products ordered
Goods received will not be returned or refunded. It is the customer’s responsibility, in the event of damage to the goods delivered, such as, for example, wet cartons suggesting broken bottles or missing items, to make all necessary reservations with the carrier and to specify the damage in writing on the deliveryman’s receipt at the time of delivery. Any damage that has not been the subject of a reservation by registered letter to the carrier within 3 days of receipt of the goods, in accordance with article 105 of the French Commercial Code, will be deemed to have been accepted by the customer.
6. Reception desk
Receipt of the products ordered by the customer, without reservation, covers any apparent defect and/or shortage. Under no circumstances may our company be held liable for destruction, damage, loss or theft during transport, even if it has chosen the carrier.
7. Payment
All orders that we accept for fulfilment are fulfilled when we have recorded payment in cash, without discount. Payment can be made by bank card, cheque in euros drawn on a French bank only, in cash in euros or online payment via our secure site. For the last method of payment, a delay of 3 days will be applied before dispatch. Products ordered over the Internet are payable at the time of ordering via our bank’s secure e-transaction payment system.
8. Refusal to order
If a customer places an order without having paid for the previous order(s), our company may refuse to honour that order.
9. Rates
We reserve the right to amend our price list, which will automatically apply from the date indicated on the new price list.
10. Prices
Our prices are quoted inclusive of all taxes, carriage paid for mainland France only, except for orders of a single case of 6 bottles, where a delivery charge of €20 inclusive of all taxes will be applied. Prices are set by the price list in force on the day the order is placed. For orders dispatched outside mainland France, prices are quoted exclusive of FCA Domaine de Boursault tax on written request. Our prices are firm for a period of 4 months.
11. No payment
Any sum not paid by the due date indicated on the invoice will give rise to the payment by the customer of interest at the legal rate (art. 1153 paragraph 3 of the C.Civil) plus 50%. In application of article L 441-6 of the French Commercial Code, penalties are automatically payable on receipt of the notice informing the purchaser that we have debited them.
12. Retention of title clause
The transfer of ownership of our products is suspended until full payment of the price by the customer. The purchaser is authorised to resell the goods delivered, within the framework of his normal business operations and unless he is in a state of suspension of payments, on condition that he pays the seller the corresponding sums. However, he may not pledge the goods or transfer ownership of them by way of security. In the event of seizure or any other intervention by a third party, the buyer must notify us immediately. In the context of the application of the present clause, the purchaser shall bear the risks in the event of loss or destruction as soon as the goods are delivered. This clause does not prevent the risk in the goods from passing to the buyer upon delivery to the buyer. From the time of delivery, the purchaser shall be deemed to be the custodian and guardian of the said goods. In the event of non-payment of an invoice that has reached its due date, our company may also demand that the sale be cancelled after sending a simple formal notice. Similarly, our company may unilaterally, after sending a formal notice, draw up or have drawn up an inventory of its products in the customer’s possession.
13. Storage
Defects and deterioration of the products delivered as a result of abnormal storage and/or conservation conditions at the customer’s premises shall not entitle the customer to a guarantee owed by our company.
14. Hidden defects guarantee
Under the warranty for hidden defects, our company will only be obliged to replace, free of charge, defective goods, without the customer being able to claim damages for any reason whatsoever. Our guarantee only covers hidden defects. This is defined as a defect in the product making it unfit for use.
15. Force majeure
Force majeure or fortuitous events are events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome insofar as their occurrence renders the performance of the obligations totally impossible. The following, in particular, are considered to be cases of force majeure or fortuitous events which relieve our company of its obligation to deliver within the timeframes initially planned strikes by all or part of our company’s staff or its usual carriers, fire, flood, war, production stoppages due to unforeseen breakdowns, the impossibility of being supplied with raw materials, epidemics, thaw barriers, roadblocks, strikes or disruption of EDF-GDF supplies, or disruption of supplies for a reason not attributable to our company, as well as any other cause of disruption of supplies attributable to our suppliers. In such circumstances, our company will notify the customer in writing, in particular by fax or e-mail, within 48 (forty-eight) hours of the date of occurrence of the events, the contract binding our company and the customer then being suspended ipso jure without compensation from the date of occurrence of the event. If the event lasts for more than 30 (thirty) days from the date of its occurrence, the sales contract entered into by our company and its customer may be terminated by the most diligent party, without either party being entitled to claim damages. This termination will take effect on the date of first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.
16. Jurisdiction
Our company elects its registered office as its domicile. Any dispute concerning the application of these general terms and conditions of sale and their interpretation, their performance and the sales contracts entered into by our company, or the payment of the price, shall be brought before the Commercial Court of Epernay, regardless of the place of order, delivery and payment and the method of payment, and even in the event of a third party claim or multiple defendants. 18) Applicable law: Any question relating to these general terms and conditions of sale and to the sales governed by them, which is not dealt with by these contractual stipulations, shall be governed by French law to the exclusion of any other law, and, in addition, by the Vienna Convention on the International Sale of Goods. 19) Information on the right to exchange or reimbursement: In the case of mail-order sales, the consumer may exercise his right to exchange or reimbursement if he expresses his wish within 7 clear days of delivery, by registered letter with acknowledgement of receipt, the postmark being taken as proof.
Our unique identification number issued by ADEME, in accordance with the provisions of the AGEC law, is as follows:
- Champagne Committee member – SIRET 78038582900012
- Holder of the unique identifier FR246127_01QEKR