1.1 The present general sales conditions govern the contractual relationship between MAISON MONTAGNAC and any person, hereinafter called the Buyer, either particular or professional, placing an order by phone, fax or e-mail. The present general conditions will be given to any Buyer on request, to enable him to place an order with MAISON MONTAGNAC.
1.2. Every order implies the adhesion, entire and without reserve, of the Buyer to these general sales conditions.
1.3. The present general sales conditions are the only ones applicable between the parties, excluding all other documents, flyers, catalogues and price lists which only have an indicative value. They supersede all other clauses or conditions which may appear on all the Buyer’s documents.
1.4. However, and notwithstanding, the parties may agree to contractual provisions different from the present ones, in the form of a contract, designed to govern a particular transaction.
This contract will then replace the present conditions for this particular transaction and must be evidenced in writing.
1.5. The present general sales conditions can be amended at any time by MAISON MONTAGNAC, being understood that the said amendments do not apply to ongoing contracts.
2. PROTECTION OF MINORS
In accordance with the provisions of article L 3342-1 of the public health code which prohibits the sale of alcohol to minors under the age of 18 years, the Buyer certifies and undertakes to be over 18 years old when placing his order.
3.1. The prices communicated by MAISON MONTAGNAC are per bottle, and at the specified size.
3.2. The prices are indicated in Euros, excluding VAT, ex-cellars and packing added at the VAT rate in force. They do not include transport charges, or any customs fees and insurances which remain the Buyer’s responsibility.
4.1 Orders can be placed :
- By phone to MAISON MONTAGNAC at the following number : 05 56 24 00 75
- By mail to the following address : firstname.lastname@example.org (or to any e:mail address of domain montagnac.com)
- By fax at the following number : 05 56 98 99 82
4.2. MAISON MONTAGNAC will confirm the order to the Buyer by e-mail to the mail address he will have provided. MAISON MONTAGNAC will also confirm the availability date of the order to the Buyer as soon as it is known. In accordance with article 7.2 below, the Buyer has a period of 6 months from the availability date to collect his order. After this period, storage and insurance charges will be invoiced.
4.3 Any amendments requested by the Buyer may be agreed by MAISON MONTAGNAC, within the limits of its possibilities and at its sole discretion.
5.1 The order shall be settled in full either by cheque payable to MAISON MONTAGNAC, sent to its head office or bank transfer to MAISON MONTAGNAC bank account (bank account
details will be given to the Buyer on demand).
5.2. MAISON MONTAGNAC reserves the right to suspend any handling of order, or any delivery if the account of the buyer in its globality is outstanding in the books of MAISON
MONTAGNAC. It specifically reserves the right to refuse to accept an order coming from a Buyer who has not fully or partially paid a previous order.
5.3. Allocation of payments :
Each settlement made by the Buyer will be automatically charged on invoices in chronological order, from the oldest to the most recent one. No exceptions to this rule can be accepted without the written consent of the other party.
5.4. Any unpaid invoice at its due date will automatically and without prior notice be charged a penalty interest equivalent to four times the legal interest rate, as well as an indemnity fee of € 40 (forty Euros) due for recovery costs. If the recovery costs incurred are higher than this indemnity fee, MAISON MONTAGNAC reserves the right to claim additional compensation corresponding to the actual costs incurred.
6. RETENTION OF TITLE TRANSFER OF RISKS
6.1. MAISON MONTAGNAC reserves a right of ownership on the products sold until the complete payment of the price by the Buyer, allowing it to resume possession of the said products.
The transfer of ownership becomes therefore effective at the date of the complete payment of the price by the Buyer, whatever the availability date of the products.
6.2 MAISON MONTAGNAC may thus claim his property in whatever hands it is, in case of non-payment of the price by the Buyer or if the Buyer is subject to bankruptcy proceedings, even if he has already transmitted the products to a third person (articles 624-16 L and L 624- 18 of the commercial code).
6.3. The risks of loss or deterioration of the products sold are transferred to the Buyer as soon as he has collected the said products.
6.4. If the Buyer does not fulfill his obligations, whatever the cause, MAISON MONTAGNAC may proceed to the recovery of the goods without prior formalities, at the expense and risk of the Buyer.
7. DELIVERY - AVAILABILITY - COLLECTION
7.1. The sales concluded with MAISON MONTAGNAC are “ex-cellars” which means that transport charges to the delivery point are borne by the Buyer. However, the parties may derogate, by mutual agreement, to the above clause.
7.2. The buyer has a period of six months from the availability of the products ordered to collect them. After this period, storage and insurance charges will be automatically invoiced by MAISON MONTAGNAC.
The tariff for costs of storage and insurance is available to any buyer on demand.
7.3. After the period of 12 months from the availability of the ordered products, MAISON MONTAGNAC reserves the right to cancel the order of any Buyer who has not collected the goods.
MAISON MONTAGNAC will then reimburse the buyer of the amounts paid in settlement of the said order, deducting any amounts due by the Buyer to MAISON MONTAGNAC (costs of storage and insurance, unpaid invoice, etc...)
8.1. In accordance with the provisions of articles L 121 - 21 and following of the consumer code, the Buyer, private customer, has a period of 14 days to inform MAISON MONTAGNAC of his intention to withdraw. This period starts from the delivery day of the order.
8.2. To use his right of withdrawal, the Buyer shall inform MAISON MONTAGNAC by registered mail with acknowledgement of receipt. The Buyer will then have a period of 14 days from the notification of his decision to withdraw to send back the products, at his own expense, to MAISON MONTAGNAC. The parcel will have to allow the identification of the Buyer and of the order, failing which it will not be processed. To be taken back, the products will have to be complete, in their original condition (unopened bottles, corks and labels not damaged), in their original packaging, in accordance with the provisions of article L 121-21-3 of the consumer code.
8.3. The right of withdrawal will not apply to products subject to customization or to a specific request when ordering (particular size, customized packaging).
8.4. The right of withdrawal is also excluded for sales of en-primeur wines, this exception being provided for by article L 121-21-8 - 7 ° of t he consumer code.
8.5. The right of withdrawal does not apply to any order placed by a trade customer.
8.6. This right of withdrawal is without any penalty or expense, including delivery costs that are reimbursed on the basis of a standard delivery. MAISON MONTAGNAC reserves the right to delay the reimbursement until recovery of the products.
9.1. Guarantee of conformity :
In accordance with the provisions of articles L 211-4 and following of the consumer code, as part of the legal guarantee of conformity, MAISON MONTAGNAC commits to deliver the product in conformity with the contract. If the delivered product shows a lack of conformity, MAISON MONTAGNAC commits, within the limit of stocks available, to replace the product or refund the price of the product ordered.
9.2 Guarantee against hidden defects :
In accordance with articles 1641 to 1648 of the civil code, as part of the legal guarantee against hidden defects of the product sold making it unsuitable for its intended use, or reducing the use so that the customer would not have bought it or would have bought it at a lower price if he had been aware, MAISON MONTAGNAC commits, after evaluation of the defect, to refund the total price of the product or part of it if the customer wishes to keep the product.
9.3. Any lack of conformity or any hidden defect will have to be reported as soon as possible to MAISON MONTAGNAC by e-mail or by mail.
9.4. Any guarantee is excluded in case of misuse, negligence or faulty maintenance from the buyer, as well as for normal usury of the product or in case of force majeure.
10. SPECIFIC PROVISIONS FOR SALES OF EN-PRIMEUR WINES
10.1 En-Primeur sales correspond to the sale of wines still ageing in vats or barrels, kept at the estate, the delivery occurring only after maturing and bottling.
10.2. Orders for en-primeur wines are governed by specific provisions, which the Buyer declares being aware. However, the below clauses do not conflict with the other provisions of the present conditions.
10.3 The following provisions only apply to sales of en-primeur wines :
a. The wines are sold en-primeur by MAISON MONTAGNAC as part of agreements between the latter and the estates, which remain the only decision-makers for the bottling and availability dates. Usually, en-primeur wines are available in the second half of the second year following the date of harvest, unless otherwise decided by the estate. This period is therefore only indicative, and the buyer will be informed as soon as possible of the availability date of the en-primeur wines ordered.
b. At the time of bottling at the estate, the Buyer will indicate on simple request, to MAISON MONTAGNAC, the bottle size he wishes depending on the quantity booked. A price list for "additional charges for special packaging" is available to the Buyer on request.
c. The transfer of ownership becomes effective on the day when the Buyer takes possession of his order.
d. In case of unavailability of the ordered en-primeur wines, the buyer will be informed as soon as possible and refunded no later than within 30 days.
e. The right of withdrawal provided for in article L 121-21 of the consumer code is excluded from sales contracts for en-primeur wines (L 121-21-8 - 7 °).
11. APPLICABLE LAW AND COMPETENT COURTS
11.1 The present general sales conditions are governed by French law.
11.2 In case of dispute with a consumer, the provisions of article L. 141-5 of the consumer code relating to the jurisdictional rules of the courts will apply.
11.3 In case of dispute between professionals, it is agreed that the courts of the headquarters of MAISON MONTAGNAC will have exclusive juridiction, despite multiple defendants or call in guarantee.