| 1 - PREAMBLE
The present general terms of sale apply to the distance selling of wine to professional clients by Bordeaux Provenance SAS, a firm with a capital of 5,000 euros, listed on the Bordeaux Trade Register under the number 514 807 544, whose corporate headquarters are located 2 Cours du XXX Juillet – 33064 Bordeaux Cedex, France.
The customer, hereinafter named "the client", acknowledges having read, understood, and accepted the following general terms of sale.
2 – APPLICABLE JURISDICTION
The site www.bordeauxprovenance.com, established and hosted in France, is subject to French law. The client explicitly accepts that all orders are automatically placed in accordance with our general terms of sale, and that these are governed by French law.
3 – LEGAL INFORMATION
MINORS AND LEGAL CAPACITY
Both official ruling no. 59-107 dated 7 January 1959 and law 74-631 dated 5 July 1974 prohibit the sale of alcoholic beverages to minors and assimilated categories. Therefore, in filling in your order form, you necessarily acknowledge that you have the legal capacity to purchase according to the terms of the present contract.
C.N.I.L. – ACCESSING YOUR CUSTOMER FILE
In keeping with Law no. 78-17 dated 6 January 1978, the site www.bordeauxprovenance.com has made all necessary declarations to the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority). In application of the "Data Protection Act", all information requested of you is essential to process your order and is limited to the sole use of Bordeaux Provenance.
You are entitled to access, modify, delete, or correct any personal data.
You may also receive offers from other companies belonging to the Bordeaux Provenance group. If you do not wish to receive such offers, all you need to do is to tell us so in writing, at which time you should indicate your last name, first name, address and, as the case may be, your client identification number, in a letter (or e-mail) sent to:
ABUSE OF ALCOHOL
We remind all clients that the abuse of alcohol is dangerous to your health, and that alcoholic beverages should be consumed in moderation.
4 – PRICES
All our prices are in euros and excluding VAT and other taxes, unless stated otherwise.
These prices are per lot, unless stated to the contrary.
Prices do not include transport charges.
5 – PURCHASING UNITS
Due to the way fine Bordeaux wines are packaged, we remind you that all orders are understood to be in cases of 1, 2, 3, 6, 12 or 24 bottles
6 - DELIVERY / STORAGE
Delivery
All wines are shipped from Bordeaux and therefore payment is to be made on an "ex-cellars Bordeaux" basis.
There are two possibilities with regard to shipment:
- The client may ask his usual carrier or forwarding agent to take possession of the case(s) from the warehouse where the wine is stored.
- The client may go through one of the transport firms with whom we have established privileged relations. This firm will be contacted as soon as the client confirms his choice in writing.
The cost of shipment is always entirely borne by the client, which is his total responsibility once the wines leave the warehouse. The risks involved in the transport of goods, unless explicitly specified to the contrary, are borne by the client as soon as the wines leave the cellar or warehouse where they are stored.
Bordeaux Provenance can in no way be held liable for loss, theft, damage, etc. that occurs during shipment. As for wines shipped outside France, risk transfer will conform to the Incoterm conditions cited on the confirmation of an order. Failing that, Incoterm EXW will apply.
Storage
Bordeaux Provenance also offers clients the option of continuing storing the wine they have purchased in professional storage facilities in Bordeaux. For non-resident customers the wine can be stored under bond for an indefinite period. Professional storage facilities will be offered through a local first class storage partner at the cost and risk of the client. Special terms apply.
Availability of wines
All our offers are subject to confirmation and limited to available stocks. If any wines that have been ordered are unavailable due to lack of stock when the order is being processed, and cannot be supplied, we will inform you by post, e-mail or telephone.
7 – INVOICING/PAYMENT
Payment for purchases made from bordeauxprovenance.com can only be made by bank transfer.
This can be a normal transfer in France, but should be by SWIFT bank transfer from abroad. Payment must be made within 2 (two) working days.
Orders are only considered as definitive when they have been received and accepted by Bordeaux Provenance. Should any information be missing at time of ordering (the client's Bordeaux Provenance login, etc.), the order cannot be processed.
Bordeaux Provenance reserves the right to suspend all shipments purchased by fraudulent means or if a financial institution refuses to transfer payment.
The entire invoice value must be paid when ordering.
An invoice will be made out in the client's name and sent by e-mail. All correctly placed orders are duly registered, and the client will receive e-mail confirmation once payment has been received.
Wines remain the property of Bordeaux Provenance until such time as the full invoice value has been paid, as well as the full payment of any previous shipments.
8 – CANCELLING ORDERS
In order to be taken into consideration, all requests to cancel an order must be prior to shipment.
A 24-hour period (starting from the time the order is received) is granted for cancellations, which must be confirmed in writing by e-mail or fax.
9 - LIABILITY
Bordeaux Provenance cannot be held liable for orders undelivered due to a stock shortage or unavailability of the product, nor in instances of force majeure, including strikes of whatever nature, flooding, fire or other natural catastrophe, or events of any other kind that prevents the proper preparation and delivery of an order.
Images, photos and illustrations: Please note that the actual products may differ from the visuals on the bordeauxprovenance.com site.
Bordeaux Provenance cannot be held responsible for information (text, data) on their site, but commit to removing any such information for valid reasons if requested at the following address: contact@bordeauxprovenance.com
10 - CONFIRMATION OF TRANSACTIONS
Clients confirm orders are by double clicking, which is equivalent to a handwritten signature.
11 - PROOF
All written exchanges are stored on the Bordeaux Provenance computer system under normal security conditions.
These exchanges are considered proof of communication between both parties as well as orders placed, and payment.
12 – SETTLEMENT OF DISPUTES
All above contractual clauses are subject to French law. Our customer service department will be glad to settle any claim. If an amicable solution cannot be found, litigation can only take place before law courts coming within jurisdiction of the Bordeaux Court of Appeals.
Corporate headquarters: Bordeaux Provenance - 2 Cours du XXX Juillet - 33064 - Bordeaux Cedex
France VAT NUMBER: FR90514807544
CEO: Stéphane Rouveyrol
Site hosted by: OVH.
13 - UPDATING OF GENERAL TERMS OF SALE
bordeauxprovenance.com reserves the right to change the present terms of sale at any time. |
