1. SCOPE
1.1 These General Sale Conditions are applicable to all sales of products of the Champagne
DUVAL-LEROY.
1.2 The Buyer acknowledges that he/she has read through the following general conditions
of sale before placing his order and that he/she has accepted them.
2. ORDER
2.1 The Buyer is bound by the present order.
2.2 The products are proposed and delivered within the limit of available stock. In case a
product ordered is not available, the Champagne DUVAL-LEROY will inform the Buyer
immediately and may suggest a replacement product of similar quality and price. In case of
disagreement of the Buyer, the Champagne DUVAL-LEROY will refund the amount paid
within 30 days.
3. PRICES
3.1 Prices shall be those applicable at the date of the order. Prices are given in €uro, and with
regard to the VAT applicable at the date of the order; any change in the rate of VAT may be
passed on the Buyer.
Unless otherwise stated, given prices are net prices, plus the VAT applicable on the day of
the order, excluding delivery charges and insurance. All taxes, customs duties, levies and
other charges whatsoever when it is due to pay for the Products shall be paid by the Buyer
in addition.
4. PAYMENT
4.1 For professional buyers, payment is due within 30 days of the date of the invoice, unless
otherwise agreed in writing.
For consumer buyers, payment of the goods is entirely due upon order.
4.2 In the event of default in payment by the due date, a charge interest equal to 1.5 percent
of the French legal interest rate at the date of order will be applied on the overdue payment,
from the first day of delay.
4.3 In the event of default in payment by the due date, without prejudice to any other right
and remedy, the Champagne DUVAL-LEROY shall terminate the contract, provided due
notice of payment has been given to the buyer and the buyer has not paid within fifteen (15)
days thereof.
5. DELIVERY
5.1 For sales to a professional buyer, a delivery date shall be treated as being approximate.
No delay related to initially indicated scheduled delivery will justify a reduction of the price,
compensation or the cancellation of an order by the Buyer.
The indicated delivery time shall be automatically suspended in the case of events beyond
the reasonable control of the Champagne DUVAL-LEROY.
In any case, the products will be delivered upon the condition that the Buyer is up to date of
all his obligations towards the Champagne DUVAL-LEROY.
The delivery is deemed done upon release of the Products from the warehouse of the Champagne
DUVAL-LEROY, as soon as the carrier takes possession of the Products.
The Products are delivered “Ex Works” (EXW ICC 2010).
The Champagne DUVAL-LEROY shall be entitled to make partial delivery of the products;
in that case, the Buyer may retain the price only for the amount of the missing quantities.
5.2 For sales to consumers, the Products shall be delivered to the address mentioned by the
Buyer on the order, within 15 working days from the receipt of the order by the Champagne
DUVAL-LEROY.
In the event of default of delivery within 7 days after expiration of the said delay and except
in case of force majeure, the Buyer shall cancel the contract, by registered letter.
5.3 Any loss or damages to the Products must be notified by the buyer by extrajudicial act or
registered letter to the carrier within three days of the receipt of the Products.
Without prejudice of the actions to be undertaken against the carrier, the Buyer shall notify
in writing material defects or non-conformity of the products delivered to the products
ordered within 8 days of the receipt of the Products.
The Buyer will have to supply proof concerning the obvious or undetected material defects.
The Buyer shall let the Champagne DUVAL-LEROY to proceed to the observation of the
defects.
6. RESERVE OWNERSHIP CLAUSE
The Champagne DUVAL-LEROY remains the owner of the Products until full payment
of all the Products has been received. In all cases, the buyer is liable for the goods from the
time of delivery.
In the event of default in payment, the Champagne DUVAL-LEROY shall claim the products
and cancel the sale, as mentioned above.
Until complete payment of the price, the Buyer undertakes not to resell the Products, except
within the normal realm of business activity of his establishment, not to pawn them, nor
transfer ownership by way of security. In case of resale, the Buyer undertakes to pay the
Champagne DUVAL-LEROY the amounts due immediately.
7. WARRANTY
The products are covered by the French legal warranty for undetected material defects provided
by article 1641 of the French civil code and, besides for the consumer, by the French
legal warranty for the conformity of the Products provided by articles L 211-4 to L 211-14
of the French Consumer Code.
8. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The sale of products shall be governed by and construed in accordance with French law,
excluding its conflict of law provisions. For any dispute regarding the present general terms
and conditions of sales, French language should prevail.
Except for the orders placed by consumer buyers, the Tribunal de Commerce de CHALONS
EN CHAMPAGNE (France) shall have exclusive jurisdiction to resolve any and all disputes
between the Parties arising out of or in connection with the existence, validity, contraction,
performance and/or termination of the sale of the products.