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General Sales Terms & Conditions
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PREAMBLE
These General Conditions of Sale (GCS) are concluded:
BETWEEN:
- The “M.CHAPOUTIER public limited company with a capital of 4,749,250€, whose registered office is in TAIN L’ERMITAGE (Drôme), France, 18, avenue Docteur Paul Durand, registered on the “Register of Trade and Companies” of ROMANS district under N°B 435 580 477.
AND
- M. CHAPOUTIER Australia Pty Ltd Level 1, 463-477 Bridge Road, Richmond, VIC 3121 Together hereafter called "the Maison CHAPOUTIER.
ON THE ONE SIDE
AND
- Persons wishing to purchase goods either by mail order or by internet from the Maison CHAPOUTIER, hereafter called “the Purchaser”,
ON THE OTHER SIDE
Application of General Conditions of Sale
- On the Purchaser’s side, the placing of an order implies full and unreserved acceptance of the Maison CHAPOUTIER’s GCS.
- No other special condition may prevail over these GCS, unless formally agreed in writing by the Maison CHAPOUTIER.
Any contrary condition by the Purchaser will therefore be unenforceable, and regardless of when it may have been brought to the attention of the Maison CHAPOUTIER.
- The fact that the Maison Chapoutier does not impose at any time whatsoever, any of these general conditions of sale, cannot be construed as a waiver of the right to impose any of the conditions at a later time.
- The parties agree that their relationship will be governed exclusively by this contract. These terms may be modified by the Maison CHAPOUTIER at any time without notice.
Ordering
The Purchaser may order either by mail order or online.
If the purchase is effected online, it will be registered on the site only if the buyer is clearly identified by completion of an online order form.
All orders imply agreement by the Buyer to the price and the description of the products available for sale.
The Maison CHAPOUTIER undertakes to honour orders received by post or via the internet sites, subject to availability of product stocks.
In the event of unavailability of the product, the Maison CHAPOUTIER agrees to promptly notify the Purchaser who has the option of cancelling the order. The unavailability of product will, in no way, engage the liability of the Maison CHAPOUTIER nor entitle the Purchaser to claim damages or interests.
Orders will be validated only when the payment is accepted by the online payment service or the payment by cheque, bank draft or bank transfer, is received. If there are any payment anomalies whatsoever, the order will be automatically cancelled. Any incomplete or incorrect orders will not be processed.
Prices
All product prices shown on the Maison CAHAPOUTIER websites are denominated either in Euros or in AUD and are net of VAT or taxes.
The transport costs are borne by the Purchaser and are calculated based on the weight of the products purchased and the value of the order.
All prices are net prices, and include packaging except for “special packaging”, subject to an additional charge.
All prices are subject to modification without notice. The Maison CHAPOUTIER, however, guarantees the product prices shown on the order form.
All taxes, duties and other various legally required charges must be borne by the Purchaser.
Payment
Methods
The Purchaser may pay for his/her order online at the time of ordering by bank card (VISA, MASTERCARD, American Express) or by cheque sent by post to the address shown on the website when ordering, or by money order or bank transfer.
Prices are shown net of VAT or taxes and are denominated in Euros or AUD. Regardless of the method of payment, no discount is granted for early payment.Payment delays or default
All amounts not settled by the due date shown on the invoice will be subject to interest penalties at the legal interest rate plus 50%.
These penalties will be payable upon request by the Maison CHAPOUTIER.
All invoices recovered by a collection agency will carry an incremental charge through application of a penalty clause that is non reducible within the meaning of section 1229 of the French Civil Code. The penalty is a contractually fixed rate of 15% of the sales price.
In the event of late payment, the Maison CHAPOUTIER may suspend the execution of all outstanding orders without prejudice to any other course of legal action.
In the case of payment default forty eight hours after legal notice is issued, the sale will be automatically cancelled.
The cancellation will affect not only the order in question but also all previous unpaid orders, whether delivered or being delivered, and whether or not payment is due.
In all cases above, the amounts due for other deliveries or for any other reason will become immediately payable upon the decision of the Maison CHAPOUTIER;
The Purchaser must reimburse all costs incurred in the recovery of the sums due, including the fees of officers.
In no instance may payments be suspended or be subject to any compensation whatsoever without the prior written agreement of the Maison CHAPOUTIER.
Invoicing
Each shipment will have its own corresponding invoice.
Delivery
Methods
Shipment is effected either by delivery the goods directly to the Purchaser or by simple notice of availability.
The Purchaser has the choice of having his/her order delivered
- directly to his/her home
- to a different address than that stated on the invoice
Delivery times
In all instances, delivery within the stated lead times will only be made if the Purchaser has met his/her obligations to the Maison CHAPOUTIER whatever the reason for any eventual failure.
The order will be processed no later than 7 days from the date of receipt of payment.
Risks
In all instances, the product transits at the risk and peril of the Purchaser who is the owner. Any claims due to apparent defects or non-conformity of the product delivered to the product ordered or to the delivery waybill must be made by the Purchaser within a 7 day period from the date the goods are received.
It is the responsibility of the Purchaser to provide all proof and documentation of the existence of any stated defects or anomalies.
Clause for Reserve of Property
The delivered goods remain the property of the Maison CHAPOUTIER until full settlement of the invoices and related costs. During the period preceding such payment the goods ordered remain the entire property of the Maison CHAPOUTIER but the Purchaser assumes all risks upon and after delivery. In this regard, in the case of cheque remittances or all other documents creating a payment obligation, the invoice will be considered paid only at the time of actual receipt of the money. Any partial payment will be deducted in priority and automatically on the unsecured part of the credit with Maison CHAPOUTIER.
In the case of non payment or part payment at a single due date, the Purchaser undertakes to amicably return, the delivered goods claimed by the Maison CHAPOUTIER by registered letter with acknowledgement of receipt. Failing this, a simple provisional order will suffice.
Goods in stock at the time of the return request shall be deemed to correspond to unpaid bills.
Return of goods/Consequences
SATISFACTION OR REFUND
Right of withdrawal
If the Purchaser is not satisfied with the product delivered, he/she has a period of 7 days from receipt of delivery to return the items in their perfect original state. This request shall be made by registered letter with acknowledgement of receipt accompanied by the goods in their original packaging returned at the Purchaser’s expense. This provision is applicable under the sole condition that the product packaging and the product itself are not damaged, torn, marked or broken. After this period, no form of exchange or refund will be granted.
In the event of the return of goods, the Maison CHAPOUTIER is obliged to refund the amounts paid or to establish a credit note. The Purchaser may however opt for a payment method other than that which had been originally proposed to him/her, by specifically requesting it.Non-conformity:
In the event of an apparent defect or non-conformity of the delivered product, returned products will be inspected by the quality control department in order to identify all anomalies.
For anomalies duly noted by the quality control department, the Purchaser may, if he/she wishes, obtain a free replacement, a credit note or a refund, excluding any compensation or damage.
For all information concerning a refund, please contact +33 (0) 475089261
From Monday to Friday from 9am to 12:30pm and from 2pm to 7pm.
Saturday from 9:30am to 1pm and from 2pm to 7pm
Sunday and holidays from 10 am to 1 pm and from 2pm to 6pm
Protection of minors
Under article L3342-1 of the French Public Health Code that stipulates that the sale of alcohol to persons under the age of sixteen (16) years is prohibited, the Purchaser certifies that he/she is 16 years of age or over at the date of placing the order by ticking the relevant box in the order form.
Computerized data processing and personal freedom:
Under the French law on “computerized data processing files and personal freedom” of the 6th of January, 1978, personal data is required to process the order. These may be included in the Maison CHAPOUTIER’s customer database, but may only be used for Maison CHAPOUTIER’s internal purposes, the latter undertaking not to pass this information on to a third party, in any form whatsoever.
In accordance with this law, all persons retain the right to access, modify, correct or eliminate data relating to them by sending either an email request to vpc@chapoutier.com or a letter to
SA M.CHAPOUTIER
18, avenue du Docteur Paul Durand
BP 38
26601 TAIN L'HERMITAGE Cedex
FRANCE
The processing of Purchasers’ personal data has been declared to the French “Commission Nationale de l'Informatique et des Libertés” (CNIL) (official French data protection authority).
Legal responsibility of the Maison CHAPOUTIER
The Maison CHAPOUTIER cannot be held liable for breach of contract in the event of stock shortages or product unavailability arising from a force majeure, disruption, or full or partial strike particularly of postal, transport and/or communications services. The Maison CHAPOUTIER cannot be held liable for any indirect damages that may arise from the purchase of its products.
Use of the Internet
In conformity with jurisprudence, the Maison CHAPOUTIER is not liable for any inconveniences or damages arising from the use of the internet, particularly an interruption to service, external intrusion or the presence of any computer virus or any event qualified as force majeure.
Photos
Product photos are indicative only and are not contractual.
Data processing
The Maison CHAPOUTIER is not liable for any use of information transmitted electronically, in the event that non-encrypted data (name, address, email) is intercepted by a third party during transmission.
Intellectual Property
All material on the Maison CHAPOUTIER’s websites, whether visual or audio, as well as the underlying technology, are protected by copyright, trademarks or patents.
A Purchaser wishing to insert a link from his/her personal website to the homepage of the Maison CHAPOUTIER’s websites, must seek written permission from the latter. If agreed upon, this shall in no way be considered as an implicit affiliation agreement between the two parties.
Partial invalidity
If one or several provision of these general conditions of sale are held to be invalid or declared as such under any law or regulation or following a final decision by a competent authority, all other provisions will retain their full force and effect.
Governing law
All clauses contained in these general conditions of sale, and all buying and sales operations covered herein, shall be subject to French law. Any dispute shall be governed by the courts of the headquarters of the company where the contract between the parties is concluded.
The Maison M.Chapoutier
The House of Chapoutier is a winemaker and producer of the finest Rhône Valley appellations. From the Côte-Rôtie, through l'Hermitage, down to the Côtes du Rhône, our aim is to offer you the best portrait of the terroir.
M.Chapoutier School
The House of Chapoutier's School invites you to learn about wine in a different way. Take a look at the wine courses on offer, from wine tasting initiation to gastronomic dinners where the finest grand crus are showcased.
18, av Dr Paul Durand - B.P.38
26601 Tain Cedex - France
Tel. : +33 475 089 261
Fax : +33 475 089 636
The abuse of alcohol is dangerous for your health.
Consume with moderation.
