General conditions of sale: Internet
The present General Conditions of Sale (CCS) are concluded:
BETWEEN:
- Union des Vignerons du Beaujolais – Commission Commerciale
210 Boulevard Victor Vermorel
69400 Villefranche Sur Saône – France
Tel : 04 74 02 22 20 – Fax : 04 74 02 22 29
From outside France: Phone : 00 33 (0)4 74 02 22 20 - Fax : +33 (0)4 74 02 22 29
ON THE ONE PART
- Persons wishing to make a purchase either by correspondence or through the vins-du-beaujolais.com, www.vins-du-beaujolais.com Internet site, hereafter called the purchaser,
ON THE OTHER PART
Application of the general conditions of sale
Ordering implies to the Union des Vignerons du Beaujolais, on the part of the Purchaser, total adherence without reserve to the present GCS.
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No exceptional conditions can, except where definite written acceptation has been given by the Union des Vignerons du Beaujolais, override the present GCS.
Any opposing conditions given by the Purchaser are consequently impossible, and this whenever they are brought to the attention of the Union des Vignerons du Beaujolais.
Should the Union des Vignerons du Beaujolais not insist, at any time, on any of the present general conditions of sale, this can not be read as the renunciation of any of the said conditions at a later date.
The parties agree that their relations will be exclusively governed by this contract. The present conditions may be modified by the Union des Vignerons du Beaujolais at any time without notice.
Ordering
The Purchaser may order either on line or by correspondence.
If the order is placed through Internet, it may only be registered on the site if the purchaser is clearly identified on filling out the on-line order form.
Any order placed is held as acceptation of the prices and the description of the products available for sale.
The Union des Vignerons du Beaujolais is committed to honouring the orders received via Internet or correspondence, within the limit of available stock.
Should a product be unavailable, Union des Vignerons du Beaujolais will inform the purchaser at the earliest possible time, the purchaser in turn will have the option of cancelling his order.
The unavailability of the product will not render the Union des Vignerons du Beaujolais liable nor give a right to compensation to the purchaser.
Orders will only be validated once payment has been cleared by the on-line payment agency or on clearance of payment by cheque, cash order or credit transfer.
Should the payment show any irregularity, the order will automatically be cancelled. Any incomplete order will not be validated.
Rates
All the prices for the goods presented on the Union des Vignerons du Beaujolais sites are shown in Euro and excluding taxes.
Shipping costs are payable by the purchaser, they are calculated based on the weight of the goods ordered and the total cost of the order.
Prices are net, including packaging, except for special packaging, which is invoiced extra.
All the prices may change without notice. The Union des Vignerons du Beaujolais, however, guarantees the validity of the prices shown on the order form.
Any tax or any other duties required by law are payable by the purchaser.
Payment
Means
The Purchaser has the choice of paying on-line using his banker’s card (VISA, EUROCARD MASTERCARD, American Express) or by cheque, cash order or credit transfer sent to the address shown on the site on ordering by post.
The prices are shown in Euro excluding taxes. Whatever the payment method, there is no discount for early payment.
Delay in payment or non-payment
Any sum that has not been paid on the payment date shown on the invoice entails the application of penalties covering a sum equal to one and a half times the legal interest rate.
These penalties are due on request by the Union des Vignerons du Beaujolais.
Any invoice that is collected on by the legal department will have a non-reducible penalty surcharge of 15% of the price, article 1229 of the French Civil Code.
In the case where there is a delay in payment, the Union des Vignerons du Beaujolais may suspend fulfilling any current orders without prejudice to any other course of action.
The annulment will not only be applicable to the order in hand but to all previous unpaid orders, whether they have been delivered or are being shipped, whether their payment has fallen due or not.
For all the cases above, the sums that are due for the other shipments or for any other cause, will be immediately due for payment on decision of the Union des Vignerons du Beaujolais.
The purchaser will be liable for any recovery costs caused including the fees incurred by any ministerial officials.
On no account may payment be suspended or be subject to any compensation without previous written agreement from the Union des Vignerons du Beaujolais.
Invoicing
Each shipment will correspond to an invoice
Delivery
Means
Delivery will be made, either directly to the purchaser or by notification of availability.
The Purchaser has the choice of delivery:
- either to his home,
- or to another address different to that on the invoice.
Delivery times
Delivery times given are an indication only and do not give rise to the right on the part of the Purchaser to the cancellation of the order or a request for damages where a delay is due to any particular event.
In any case, delivery within the delivery times will only take place if the Purchaser is to date in settlement to the Union des Vignerons du Beaujolais whatever the cause for any eventual failing.
The order will be fulfilled, at the latest, within 30 days of the day following the day when the Purchaser’s order is conclusively validated (means of payment cleared and order verification procedure completed).
Please Note: if the Purchaser chooses to settle by cheque, the order will only handled on reception and the delivery times will be in consequence.
Risks
In all instances, the goods travel at the Purchaser’s risk. Any eventual complaints, concerning visible defects or non-conformity of the goods delivered to the goods ordered or to the delivery note, must be sent in writing within 7 days following reception of the goods by the Purchaser.
It is the Purchaser’s responsibility to supply any justification of any eventual defects or abnormalities.
Reservation of title clause
All goods delivered remain the property of the Union des Vignerons du Beaujolais until full payment has been made. During the period preceding this payment the goods ordered remain the property of the Union des Vignerons du Beaujolais but the Purchaser will take on all the risks from delivery. In this respect, any payment by cheque or any other document will only be valid once it has been cleared. Any partial payment will be fully imputed upon the non-preferential part of the sums due to the Union des Vignerons du Beaujolais.
In the case of total or partial non-payment of a single settlement, the Purchaser undertakes to return the delivered goods on request from the Union des Vignerons du Beaujolais by registered letter. Failing that a ruling will suffice.
The goods in stock at the time of the request for return will be considered to correspond to the unpaid invoices.
Return – Consequences
SATISFACTION OR YOUR MONEY BACK:
Should the Purchaser not be satisfied with the goods delivered, he has 7 days at his disposal from reception to return the goods in their original packaging. This request should be sent by recorded mail along with the goods returned in their original packaging at the Purchaser’s cost. This provision is valid on the sole condition that the packaging and the product are neither damaged, torn, stained nor broken. After this time no exchange or reimbursement will be granted.
The goods returned are checked by our services to find any faults. Where a fault is found the Union des Vignerons du Beaujolais will take all the necessary measures with the competent legal organisations.
In the case where the returned goods show no faults, the Union des Vignerons du Beaujolais is bound to reimburse the sums paid or send out a credit note (on request from the Purchaser), excepting shipping and delivery costs.
In the case where delivered goods are certified faulty by the quality department within the conditions of this contract, the Purchaser may choose free replacement of the goods, a credit note or reimbursement for the goods, excluding any compensation.
Data protection
In accordance with the French Data Protection law dated 6th January 1978, nominative information is necessary to process the order. This may be added the Union des Vignerons du Beaujolais customer information file but may not be used outside the Union des Vignerons du Beaujolais which is committed to not release this information to a third party in any form whatsoever.
In accordance with this law, any person has a right of access, modification, rectification or suppression of the information concerning them either by sending an email to mail@vins-du-beaujolais.com, or a letter to:
Union des Vignerons du Beaujolais – Commission Commerciale
210 Boulevard Vermorel
69400 Villefranche Sur Saône – France
Responsibility of the Union des Vignerons du Beaujolais
The Union des Vignerons du Beaujolais cannot be held responsible for the non-fulfilment of the contract if stocks are exhausted or for events outside its control including partial or total disruption of services through strike action of postal, transport and or communications services among others. The Union des Vignerons du Beaujolais cannot be held responsible for any indirect damage due to the purchase of the goods.
Use of the Internet
The Union des Vignerons du Beaujolais cannot be made liable for any inconvenience or damages linked to the used of Internet, specifically severance of service, outside intrusion or the presence of computer viruses or any other event outside its control.
Photos
Photographs of the products are given for information only and are not contractually binding.
Use of information
The Union des Vignerons du Beaujolais cannot be held responsible for an eventual use of any information sent via a computer if the non-encoded information (name, address, email) is intercepted by a third party during transmission.
Intellectual property
All the elements composing the Union des Vignerons du Beaujolais websites whether they be visual or audio, including the subjacent technology, are protected by author’s brand or patent rights.
The purchaser who has the use of an internet site and who wishes to place, for his personal use, a link to the Union des Vignerons du Beaujolais homepage on his site must request permission from the latter in writing. This is not a tacit affiliation agreement.
Partial non-validity
If one or more of the present general conditions of sale are declared invalid through law, legislation or following a definitive ruling by a competent legislative body, the other stipulations retain their force and reach.
Attribution of jurisdiction
All the clauses in the present general conditions of sale, as well as all purchases covered by them are under French legal jurisdiction, the court will be that of the Union des Vignerons du Beaujolais headquarters where the contract between the two parties is contracted.