General terms and conditions of sale cellar societe civile d'exploitation agricole Chateau La Marzelle
ARTICLE 1 - CONDITIONS OF APPLICATION
The purpose of these general conditions of sale is to define the conditions under which sales made by the SOCIETE CIVILE D'EXPLOITATION AGRICOLE CHATEAU LA MARZELLE, hereinafter referred to as "LA MARZELLE", with consumers at its winery located at CHATEAU LA MARZELLE, 33330 SAINT-EMILION, are concluded. They are displayed in the LA MARZELLE cellar. Consequently, any order placed by the customer implies the latter's unreserved acceptance of these general terms and conditions of sale, which the customer acknowledges being fully aware of having read prior to placing the order. LA MARZELLE reserves the right to modify and update its general terms and conditions of sale at any time. These changes and updates will be binding on the customer from the date they are posted in the cellar. As the sale of alcohol to minors is prohibited, customers ordering products undertake to be over 18 years of age on the date of purchase. Alcohol abuse is dangerous to health and alcohol should be consumed in moderation.
ARTICLE 2 - OFFERS - ORDERS
The products offered for sale in the cellar are described on the commercial documents located there, with an indication of their price, their essential characteristics and any delivery charges. In addition, these general terms and conditions of sale set out the delivery terms and deadlines, the payment terms, the guarantees inherent in the products and LA MARZELLE's contact details. If the customer does not feel sufficiently informed about these elements, he/she may, prior to placing an order, request additional information from the staff present in the winery, LA MARZELLE undertaking to provide the customer with any additional information he/she may wish to obtain. As soon as the customer feels sufficiently informed, he/she may then place an order, it being specified that by placing an order, he/she implicitly acknowledges having obtained all the desired information. It is specified that given the fact that the products sold by LA MARZELLE are, by their nature, limited in quantity, they are only offered for sale while stocks last. In the event of stock shortage, LA MARZELLE undertakes to inform the customer prior to ordering. To place an order, the customer must fill in the order form in the cellar, providing the information required to complete the sale. Once the order form has been completed and the order price has been paid, the order is final and the sale is deemed to have taken place, so that the order cannot be cancelled or modified without the prior written agreement of LA MARZELLE.
ARTICLE 3 - DELIVERY AND TRANSPORT
Products sold at the winery are collected by the customer at the time of sale, so that the risks are transferred to the customer from the time of collection, LA MARZELLE's liability being discharged as soon as the products leave the winery. By way of exception, products sold in the cellar may be delivered to the customer, particularly if a large number of products are ordered, with the transfer of risks and liability occurring when the products ordered are delivered to the address indicated by the customer in the order. In this case, LA MARZELLE undertakes to inform the customer of the delivery times and conditions for the products. Unless otherwise agreed, these delivery times apply to products delivered by LA MARZELLE or by a carrier appointed by LA MARZELLE, to the address given in the order. Delivery of the products ordered will be made, in Metropolitan France, within a maximum of 15 working days, from the date of formation of the contract as set out in article 2 of these general terms and conditions of sale. For other countries, the delivery time will be set by LA MARZELLE according to the country of destination If LA MARZELLE is unable to deliver the products ordered within the 15-day period set out above and if the delay in delivery exceeds 7 working days and is not due to force majeure, the customer may cancel the sales contract. In this case, the customer must inform LA MARZELLE by post or e-mail and LA MARZELLE will then undertake to reimburse the customer, as soon as possible and in any event within 15 working days from receipt of the request for cancellation, any sums it may have received when the order was placed. Products sold by LA MARZELLE are shipped at the customer's expense and risk, with the transfer of risks and responsibilities taking place when the products are delivered to the customer's premises at the address given in the order. In the event of shortage, deterioration or non-conformity of the products delivered in relation to the order, the customer must indicate these reservations in writing on the delivery note with his/her signature and must inform LA MARZELLE of these incidents by post or e-mail within 48 hours of delivery, to enable LA MARZELLE to preserve its rights against the carrier.
ARTICLE 4 - PRICES - PAYMENT
The prices of products sold at the winery, as shown on LA MARZELLE's commercial documents located there, include all taxes, for products delivered to the customer at the winery. In the exceptional case where LA MARZELLE ensures delivery of the products ordered to the cellar, the transport and delivery costs, which are clearly indicated on LA MARZELLE's commercial documents, must be added to these prices. These costs vary according to the number of bottles ordered and the amount of the order. Payment for products ordered at the winery must be made in cash, by credit card or by cheque when the order is placed. The invoice corresponding to the products ordered will be given to the customer when the order is paid for. Any payment incident will authorise LA MARZELLE to suspend the execution of all current orders and to refuse any new order from the customer, without the customer being able to claim any damages or compensation.
ARTICLE 5 - GUARANTEE AND LIABILITY
It is the customer's responsibility to check that the products ordered correspond to their needs, it being specified that prior to placing the order, the customer has had the opportunity to obtain detailed information from LA MARZELLE about the characteristics of the products ordered. Given the nature of the products sold, LA MARZELLE recommends that the customer store them in a place where they can be properly preserved and in particular in a cool, damp place, away from light, sun, frost and rain and without sudden changes in temperature. In the context of the above provisions, LA MARZELLE undertakes to guarantee the products sold against any hidden defect or fault, under the conditions specified in articles 1641 to 1648 and 2232 of the French Civil Code and to guarantee the conformity of the products under the conditions specified in articles L 211-4 to L 211-13 of the French Consumer Code. If the customer considers that the products delivered are marred by defects or non-conformity, he/she must notify LA MARZELLE by registered letter with acknowledgement of receipt, as soon as possible after the discovery of the defect, fault or non-conformity, specifying the nature and extent of the alleged defect, fault or non-conformity and providing all evidence of their existence. The customer must allow LA MARZELLE every facility to carry out all observations. If, as a result of these observations, it turns out that the products delivered were indeed defective, flawed or non-compliant, then LA MARZELLE undertakes to replace these products free of charge, to cover all the costs of returning these products and shipping products free of defects, flaws or non-compliance, or, if it is unable to replace the products, to reimburse the customer for the price of these products.
ARTICLE 6 - FORCE MAJEURE
La Marzelle may be released from all or part of its obligations, without being entitled to claim damages or compensation, in the event of force majeure or unforeseen circumstances preventing or delaying delivery of the products ordered. The following in particular are considered to be cases of force majeure: storms, fires, floods, serious climatic phenomena, serious equipment accidents, mobilisation, war, transport interruptions, changes in laws or regulations relating to the products sold, strikes, whether total or partial, and more generally any factor beyond the control of LA MARZELLE. In the event of a case of force majeure, LA MARZELLE undertakes to inform the customer as soon as possible by letter or e-mail. LA MARZELLE's obligations will then be suspended ipso jure, without compensation of any kind whatsoever, from the date of occurrence of the event characterising the force majeure until the date of its end. However, if the impediment linked to a case of force majeure continues for more than one month, the customer may, if he wishes, terminate the contract by registered letter with acknowledgement of receipt, without this giving rise to any right to damages or compensation for either party. LA MARZELLE will then undertake to reimburse the customer in full any sums paid to it, as soon as possible and in any event within a maximum period of 14 days following notification of the cancellation of the sale by the customer.
ARTICLE 7 - JURISDICTION - APPLICABLE LAW
By express agreement between the parties, the courts of the location of LA MARZELLE's registered office will have exclusive jurisdiction for any disputes or proceedings relating to the formation, the performance or interpretation of these general terms and conditions of sale and all sales of LA MARZELLE products, whether in the form of a main claim, a third party claim or forced intervention, summary proceedings and others, even in the event of multiple defendants. These general conditions of sale and all sales made by LA MARZELLE are subject exclusively to French law.
ARTICLE 8 - ELECTION OF DOMICILE
La Marzelle elects domicile at the following address: CHATEAU LA MARZELLE, 33330 SAINT-EMILION All correspondence concerning sales made by LA MARZELLE, and in particular any claims made by the customer, must be sent to the above address by post.