1 - Legal information
In application of Ordinance N°59-107 of January 07 1959, the sale of alcohol is forbidden to minors under the age of 18. The buyer therefore undertakes to be at least 18 years of age on the date of the order. Alcohol abuse is dangerous to health. It should be consumed in moderation. The seller undertakes to respect the confidentiality of information provided by the buyer, which is reserved exclusively for the seller. In accordance with article 27 of law N°78-17 of January 6th 1978, the buyer is free to rectify or withdraw his personal information at any time.
2 - Order confirmation
The act of placing an order implies the buyer's full and unreserved acceptance of the general terms and conditions of sale, to the exclusion of any other documents such as e-mails, prospectuses, catalogs, issued by the seller, which are for information purposes only. All contracts between the parties are subject to the present conditions, the customer expressly waiving his own conditions, even if these stipulate the contrary to his own and/or are subsequently brought to the attention of the seller. Deviations are only binding on the seller if accepted in writing. No tolerance by the seller of any kind, size or duration whatsoever shall create a right or constitute a waiver of the right to invoke one of these general sales conditions at a later date. Our goods are invoiced on the basis of the rates in force on the day of delivery. Any taxes, duties or other charges payable in application of French laws and regulations, or those of an importing country or a transit country, shall be borne by the purchaser.
3 - Orders
Orders are only binding once they have been confirmed in writing. In particular, the seller is only bound by orders taken by its representatives or employees subject to written and signed confirmation. Acceptance may also result from dispatch of the products. However, if more than six months elapse after the date on which the wines are made available and the customer has not indicated his intention to collect the wines, the seller may give the customer formal notice to do so within one week. If the buyer fails to collect the wines and pay the balance of the price, he will be deemed to have renounced his purchase and the deposits received will be retained by the seller as a penalty clause. In the event that the buyer wishes to maintain his purchase without withdrawal on the date initially planned, he must pay the balance of the price and the storage charge for the wines, which will be equal to 2% of the value of the goods in stock, on a monthly basis.
4 - Prices
Our prices are non-binding and subject to stock availability. They do not include VAT and are ex our warehouses, including duties and for Metropolitan France. The valid prices are those indicated at the time of the order as they appear on our site (except in the case of error or omission). Our pricing conditions are available from the company's head office. They may be modified without notice and are applicable as soon as they are communicated.
5 - Payment
Unless otherwise stipulated, our invoices are payable on receipt. Payments must be made in the currency of the order, preferably by bank transfer (bank charges to be borne by the purchaser). Payments by cheque are subject to a collection period of 7 working days. NB: the seller reserves the right to refuse payment by bank card or cheque for reasons of transaction security. In the event of late payment, the seller may suspend all current orders, without prejudice to any other course of action. For cases where a deposit is paid by the customer, for the purpose of reserving goods, particularly with regard to primeurs, this deposit will be definitively acquired by the seller, even if the customer decides not to proceed with his reservation, this sum will thus be retained as compensation for the seller's loss due to the customer's failure to comply with his commitments, without the latter being able to demand delivery of goods that may correspond to the value of the deposit paid, and this, without prejudice to any other damages and interest. Any invoice not paid by the due date shall render the total balance of the debt in our books payable without prior notice and shall incur late payment interest equal to one and a half times the legal interest rate. In addition, by express agreement between the parties and unless a deferment is requested and expressly granted by the seller, failure to pay for our supplies on the due date will result in a sum equal to 15% of the sums due becoming payable by way of damages and interest by way of application of this penalty clause. In the event of non-payment, forty-eight hours after formal notice has been served without result, the sale will be terminated by operation of law at the seller's discretion.
6 - Deliveries
Our shipments are considered to be Ex-Works, at the recipient's risk. The seller can organise delivery of the goods for the buyer. The cost of shipment will be communicated on request. Deliveries will only be made subject to availability and on a first come, first served basis. The seller is authorised to make deliveries in whole or in part.
7 - Receipt of goods
On taking possession of the goods, the recipient must check the condition of the packages. Any damage, loss or delay must be noted on the delivery note. Any reservations must be confirmed to the carrier by registered letter within 3 days of delivery: after this period, no claims will be accepted (Art. 105 of the French Commercial Code). Without prejudice to the measures to be taken with regard to the carrier, complaints about visible defects or the non-conformity of the product delivered with the product ordered or the dispatch note must be made in writing within 8 days of the arrival of the products. It is the buyer's responsibility to provide proof of the defects or anomalies found. The buyer must allow the seller every opportunity to ascertain these defects and to remedy them. In particular, at the seller's request, the buyer must send the goods in question to the seller, it being specified that the costs and risks of return are always borne by the buyer.
Corked bottles: responsibility for corked bottles lies with the estate (or négociant) designated as the bottler. In the event of cork taint, we ask you to return the bottle (full or practically full) and its original cork with an accompanying letter stating that it was purchased from our company. On receipt, we will send the complaint to the winery (or wine merchant) concerned, who will judge whether the request is well-founded and decide whether or not to replace it. As soon as we receive a reply, we will let you know. In the event of a positive decision, we will proceed with the replacement proposed by the property (or dealer).
8 - Withdrawal period
In accordance with the provisions of article L 121-16 of the French Consumer Code, the purchaser is entitled to a withdrawal period. The purchaser has a period of 7 days from the date of delivery of the order to return the goods. The order will be exchanged or reimbursed within 30 days of receipt of the returned order. The order must be returned in its original packaging together with the invoice. Postage costs (outward and return), as well as processing costs, will be borne by the purchaser. NG VINS must be informed of the return of the goods by e-mail or post.
9 - Retention of title (Law 80.335 of 12 May 1980)
The seller retains ownership of the goods delivered and shown on its invoices until full payment of their price in principal and accessories. By way of derogation from common sales law, the transfer of risks will take place as soon as the goods leave our warehouses. In the event that the goods delivered are resold before full payment has been made, any goods of the same type as those delivered during the previous six months by the seller and in the buyer's possession may be repossessed for a value assessed in accordance with the seller's current price list, equivalent to the sums due on any grounds whatsoever between the parties. In the event of seizure or any other intervention by a third party on the goods, the buyer must inform the seller without delay, to enable the seller to oppose the seizure and preserve its rights. The purchaser shall also refrain from pledging or transferring ownership of the goods by way of security. The purchaser is authorised to resell the goods covered by this contract in the normal course of business. However, in the event that the said goods have been resold before full payment of the price, the purchaser shall be obliged to inform the sub-purchaser of the existence of a retention of title clause and to communicate, at the seller's first request, the names and addresses of the purchasers as well as the amount still owed by them, except of course in the case of retail sales. The purchaser is obliged to have taken out insurance covering the risks relating to the goods delivered by the seller as soon as the goods leave our cellars and warehouses. The aforementioned provisions shall come into force as soon as a due date is unpaid.
10 - Retention of title and collective proceedings
As the goods are sold subject to a retention of title clause, the transfer of ownership will only take place on the date of full payment of the price in principal and accessories. In the event that the buyer is the subject of receivership proceedings, it undertakes to inform the seller of this situation by registered letter with acknowledgement of receipt, within fifteen days of the pronouncement of the judgement establishing the state of cessation of payments, so that the seller is in a position to claim the goods that are included in the buyer's assets. To this end, the buyer shall ensure that it is always possible to identify the goods in its warehouses. If the goods have already been sold before full payment has been made to the vendor, the purchaser undertakes to inform the vendor of the names and addresses of the sub-purchasers and the amount of the price still owed by them. The purchaser undertakes to continue the execution of the insurance contract covering the risks relating to the goods delivered until they have been effectively removed from its warehouses following the claim made by the seller.
11 - Termination of the contract
In the event of non-performance of its obligations by one party, the present contract will be terminated ipso jure in favour of the other party, without prejudice to any damages that may be claimed from the defaulting party. Termination will take effect fifteen days after formal notice has been sent by registered letter with acknowledgement of receipt, but to no avail.
12 - Jurisdiction
For all disputes relating to the performance or interpretation of this agreement, the parties agree that the Courts of Bouches du Rhône (13) shall have sole jurisdiction. This clause is stipulated in the interest of the seller, who alone may waive it.