Refund and Returns Policy

Article 1 – Subject

Any written purchase order implies full acceptance of the sales conditions defined below. These conditions replace all other general sales conditions. No clause to the contrary that is not formally accepted by us in binding upon us.

Article 2 – Validity of Offers and Pricing

Our offers are valid one month from date of confirmation, and subject to stock availability. Any amendment to our offer gives rise to a new offer, which must be expressly approved by us. Commitments made by our agents or representatives are non binding unless confirmed in writing by the Seller. Our offers are ex-cellars, in euros, excluding taxes, unless expressly confirmed otherwise in writing.

Article 3 – Shipments/Collections

Our delivery times are given for information only and are not guaranteed. Late deliveries shall not entitle the buyer to the right to cancel or refuse the order. Delays do not give rise to payment of damages.

Article 4: Specific orders

The buyer shall be responsible for informing the seller of his country's regulatory provisions regarding packaging, packing and product labelling, on the order. Additional costs related to such requirements shall be borne by the buyer.

Article 5 – Guarantee and Product Conformity

Our customers expressly abandon any claim relative to article 1587 of the Civil Code and accept variations within the limits of the analytical norms of the selected wine, our responsibility being limited to the supply of wines of loyal and commercial quality. In the case of error, hidden or recognised defects, the guarantee is limited to replacement of the defective wines, or their reimbursement in exchange for their return at our expense. Any notion of damages for commercial or financial prejudice is excluded.

Article 6 – Complaints

The client is responsible for checking the quality, quantity and item numbers of the goods upon delivery, as well as their compliance with the order. No complaint shall be taken into account after 10 days after the delivery. No return will be accepted without the seller's prior consent. In addition any legal proceeding by the client should be initiated within one year after the receipt of the order. After that time, the client's right is time barred.

Article 7 – Payment terms

Unless otherwise agreed by the parties, the payment term for outstanding amounts is set to 30 days after the goods receipt date. Payments to be made in euros. Art. D.441-5. 12ème paragraph of I of the article L.441-6 of the commercial law – For any payment after the term, a compensation of 40 € will be applied to cover collection charges.

Article 8 – Penalties and Termination

In the case of non respect of his obligations by the Buyer, notably failure to effect payment on the due date, and following notification of this failure by registered letter left unanswered, the Seller may demand at his discretion :

In accordance with the LME law dated on 4th August 2008, payment of interest at a rate equal to 3 the standard legal rate;
Immediate full payment of all outstanding invoices, including those not yet due;
Payment of compensation representing 15% of the total amount due, in addition to legal fees and standard interest;
Termination of contract to the benefit of the Seller. Termination will be effective 15 days following official written notice left unanswered.

Article 9 – Reservation of title and risk transfer

The goods shall remain the seller's property until full payment of the price in principal and interest. Failing payment on the agreed term, the seller's may take back the goods, the sale shall then be terminated by right at seller's option and paid instalments shall remain his property as consideration for the possession of the goods by the buyer. The term of this clause are governed by the provisions of the Acts dated May 12, 1980 and January 25, 1985. However the goods, unless otherwise agreed, travel at the recipient's risks. The transfer of risks occurs upon departure from the warehouse. The buyer agrees to take out an insurance policy to cover loss, theft or destruction risks for the designated goods.

Article 10 – Force Majeure

Throughout the duration of the Force Majeure, the Seller is dispensed from the contractual requirement to deliver goods through suspension of the sales contract. The Seller must inform the Buyer of the situation by all possible means. However the Force Majeure does not justify suspension of payment for goods already received. Examples of Force Majeure include but are not limited to the following: transport strikes, riots, fires, unforeseen change of legislation unknown at time of order shipment, natural catastrophes, delays or default on the part of suppliers delivering goods to the Seller.

Article 11 – Applicable law and jurisdictional clause

Unless contractually agreed otherwise, the sales contract is governed by French law. Any dispute shall be dealt with exclusively by the Tribunal de Commerce of 84200 Carpentras France.

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