These general conditions determine the relation between the S.C.E.A. Château Peyriac de Mer, owner of the website www.chateau-peyriacdemer.com, S.C.E.A. with a capital of 200.000 Euros, registered at the RCS in Narbonne under no. 432 397 685 000 12, located at 24, Chemin Neuf in 11440 Peyriac de Mer, France, and her customers for an on-line system for order, purchase and shipment.
These general conditions are the only applicable. Deviating dispositions are not possible without the preliminary and written approval from our part.
These general conditions replace previously issued general conditions if necessary and can be submissive to alteration without preliminary notice. They are familiar to the customer through on-line publication and update.
These general conditions prevale to any purchase-conditions from the part of the customer. On every proposal from the customer to alterations, it has to be assumed that these might have consequences for the price calculations. By ordering, the customer is assumed to have accepted these general conditions without any restrictions.
1. Responsability on ordering :
Orders are only valid and definite after our approval. The buyer is informed only when we decide to refuse to accept the order. The order affirms the full accept of our general conditions and all other conditions in our price-lists. Our prices are valid, subject to stock. We can in no way be held responsible for stock rupture. Answers and price-offers to our customers are to be regarded indicative, and made with reservation. The same goes for directly - or through commercials -, distributed product-descriptions. The pictures of our products are beyond the field of agreement. In case the are errative, we can under no ciscumstance be held responsible. By ordering, the buyer acknowledges to be aquainted with our general conditions, and has accepted these without any restrictions.
2. Execution of an order :
Preliminary to the execution of an order, we demand payment up front . In case the order consists of more than one delivery, we demand payment for the total order, preliminary to the first shipment. In case of stock rupture, the customer is informed by E-mail.
3. Quantites and delay of delivery :
The minimum-quantities for one delivery are descibed in our price-lists. Bottles can only be delivered in multiples of 6, equal to one carton box(in some cases à 12). For bag in box products, the minimum quantities are 1 x 5 litres or 2 x 6 litres, and : 1 litre equals one bottle. The delay-time for delivery is maximum 8 working days from day of shipment. This term is to be regarded as indicative. No reduction can be claimed for reasons of delay. The customer cannot demand reduction, nor cancel the order in case of delay. The customer is not entitled to claim any other form for recompensation. The products are being delivered to the adress rendered to us. In case the adress is errative, we cannot be held responsible for failing to deliver.
4. The delivery is impossible :
All events beyond our control, climatic or economic, abnormal or unforeseen, entitle us to delay or even cancel the order. We entitle ourselves to refuse an order, in case we consider the order to be abnormal, for instance as regarding to the ordered quantity. In any case, we claim the right to refuse an order without the obligation of any explanation of reasons.
5. Transfer of liability and risks :
The liability and risks related to a delivery are transferred to the customer from the moment he/she signs the delivery note, accompanying the shipment.
6. Transport :
The customer assures himself of the confirmity of the condition of the shipment, and must make reservations for the reception when he finds defects of damage. Only to the extent of the client's written description on the delivery-note, we are liable to compensate for defects and/or damages.
7. Prices :
The prices on our tarif-lists are ex Chateau, all French tax and duties paid. The corresponding transport-rates are specified on our tarif-list. Eventual additional taxes and duties, payable in the land of destination are for the account of the customer. All prices are in Euro. We claim the right to be entitled to adapt our prices, in case that the costs, related to the execution of the order, appear to have risen after the order has been placed.
8. Payment :
Our deliveries are only payable to our company. No order is executed before payment is received.The poayment can be made by bank-transfer. In case the payment is not received within 30 days after issue of the order, we claim the right to cancel the order.
9. Claims and right to return goods :
Every claim or dissatisfaction with the goods, be it the condition or the quantity of the shipment, or deviations of any kind, have to be sent to us in written, by correspondance through a sollicitor, or by registrered mail, ultimately three (3) days (postal stamp) after reception. (In accordance with art.105 of the French law of commerce) After this claim, amending art. L.121-16 of the French customer-protection law, the customer is granted a period of 14 days for the return or the replacement of the delivery, as the customer wishes, without extra-costs. De customer pays for the return transport. The goods can only be returned or replaced if the return goods are in perfect state and in her original packing. We are entitled to refuse the return or replacement of the merchandise if we consider the goods or her packaging showing defaults or damages.
10. Precondition of ownership :
We claim the right of ownership of the merchandise, until the delivery-note, provided by the transporter, is signed. From that moment, only the customer is responsible for the merchandise.
11. Juridical information :
Rendering personal information for the execution of a delivery order is obligatory, as this information is indispensable for the execution of the order and for the invoicing. When this information is in default, the order is not valid. In accordance with the French legislation for the protection of private and confidential information, the processing of personal information is submitted to the Declaration of the French national commission for the protection of private and confidential information (CNIL). The customer is entitled to admission, adaption, correction and erasion of information regarding him, and he is allowed to make use of this right with us. In accordance with the French legal declaration no.59-107 from the 7. January 1959 and the French law no.74-631 of the 5. July 1974, the sale of alcoholic beverages to minors under the age of 16 is forbidden. The customer is assumed to have reached this age on the day of the placing the order. Abuse of alcohol is a risk to your health. Consume and enjoy with moderation.
12. Jurisdiction :
In case of problems in the execution of orders or in relation to these conditions, all claims are to be forwarded to the French court of commerce in Narbonne, even when in letters or invoices from the customer is stated otherwise, also when gaurantee conditions are concerned or when it concerns a collective claim. In all cases, French law is to be applied.
This is the english translation of our french "general conditions". In case of a juridical dispute, only the original french version is valid.
Version 1.0, the 25.09.2002
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