General terms and conditions of sales
1.1 These General Sale Conditions are applicable to all sales of products of the Champagne Patrick BOIVIN
1.2 The Buyer acknowledges that he/she has read through the following general conditions of sale before placing
his order and that he/she has accepted them.
2.1 The Buyer is bound by the present order.
2.2 The products are proposed and delivered within the limit of available stock. In case a product ordered is not available, the Champagne Patrick BOIVIN will inform the Buyer immediately and may suggest a replacement product of similar quality and price. In case of disagreement of the Buyer, the Champagne Patrick BOIVIN will refund the amount paid within 30 days.
3.1 Prices shall be those applicable at the date of the order. Prices are given in €uro, and with regard to the VAT applicable at the date of the order; any change in the rate of VAT may be passed on the Buyer.
Unless otherwise stated, given prices are net prices, plus the VAT applicable on the day of the order, excluding delivery charges and insurance. All taxes, customs duties, levies and other charges whatsoever when it is due to pay for the Products shall be paid by the Buyer in addition.
4.1 For professional buyers, payment is due within 30 days of the date of the invoice, unless otherwise agreed in writing. For consumer buyers, payment of the goods is entirely due upon order.
4.2 In the event of default in payment by the due date, a charge interest equal to 1.5 percent of the French legal interest rate at the date of order will be applied on the overdue payment, from the first day of delay.
4.3 In the event of default in payment by the due date, without prejudice to any other right and remedy, the Champagne Patrick BOIVIN shall terminate the contract, provided due notice of payment has been given to the buyer and the buyer has not paid within fifteen (15) days thereof.
5.1 For sales to a professional buyer, a delivery date shall be treated as being approximate. No delay related to initially indicated scheduled delivery will justify a reduction of the price, compensation or the cancellation of an order by the Buyer.
The indicated delivery time shall be automatically suspended in the case of events beyond the reasonable control of the Champagne Patrick BOIVIN. In any case, the products will be delivered upon the condition that the Buyer is up to date of all his obligations towards the Champagne Patrick BOIVIN.
The delivery is deemed done upon release of the Products from the warehouse of the Champagne Patrick BOIVIN as soon as the carrier takes possession of the Products. The Products are delivered according to an INC. previously statued and according to the buyer’s country and kind of shipment
The Champagne Patrick BOIVIN shall be entitled to make partial delivery of the products; in that case, the Buyer may retain the price only for the amount of the missing quantities.
5.2 For sales to consumers, the Products shall be delivered to the address mentioned by the Buyer on the order, within 15 working days from the receipt of the order by the Champagne Patrick BOIVIN. In the event of default of delivery within 7 days after expiration of the said delay and except in case of force majeure, the Buyer shall cancel the contract, by registered letter.
5.3 Any loss or damages to the Products must be notified by the buyer by extrajudicial act or registered letter to the carrier within three days of the receipt of the Products. Without prejudice of the actions to be undertaken against the carrier, the Buyer shall notify in writing material defects or non-conformity of the products delivered to the products ordered within 8 days of the receipt of the Products.
The Buyer will have to supply proof concerning the obvious or undetected material defects. The Buyer shall let the Champagne Patrick BOIVIN to proceed to the observation of the defects.
6. RESERVE OWNERSHIP CLAUSE
The Champagne Patrick BOIVIN remains the owner of the Products until full payment of all the Products has been received. In all cases, the buyer is liable for the goods from the time of delivery.
In the event of default in payment, the Champagne Patrick BOIVIN shall claim the products and cancel the sale, as mentioned above.
Until complete payment of the price, the Buyer undertakes not to resell the Products, except within the normal realm of business activity of his establishment, not to pawn them, nor transfer ownership by way of security. In case of resale, the Buyer undertakes to pay the Champagne Patrick BOIVIN the amounts due immediately.
The products are covered by the French legal warranty for undetected material defects provided by article 1641 of the French civil code and, besides for the consumer, by the French legal warranty for the conformity of the Products provided by articles L 211-4 to L 211-14 of the French Consumer Code.
8. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The sale of products shall be governed by and construed in accordance with French law, excluding its conflict of law provisions. For any dispute regarding the present general terms and conditions of sales, French language should prevail.
Except for the orders placed by French consumer buyers, the Convention de Vienne 1980 CIVM shall have exclusive jurisdiction to resolve any and all disputes. Otherwise, Tribunal de Chalons -en-Champagne is able to resolve any and all disputes. between the Parties arising out of or in connection with the existence, validity, contraction, performance and/or termination of the sale of the products.