Article 1 – SCOPE
These Terms and Conditions ( “Terms” ) apply to all orders placed by a professional buyer (hereinafter the “Purchaser “) with the SAVDVF company , effective 1 July 2015 .
Any order implies , on the part of the Purchaser, the acceptance of these Terms and Conditions. To the contrary , and in particular any general or special conditions from the client , including possible conditions of purchase and purchase orders are therefore unenforceable against the company SAVDVF , unless prior written approval.
The failure to rely, at some point , of any of the Terms of the provisions can not be interpreted as a waiver by the parties to invoke it later.
Article 2 – ORDERS
Sales are perfect after express acceptance in writing of the customer order by the SAVDVF society. Notwithstanding the provisions of Article 1587 of the Civil Code, the sale is firm and final grading of the product without the Buyer , which waives make the grant to a prior tasting.
Products are supplied in the order confirmation or in the annual convention established pursuant to Article L.441-7 of the Commercial Code . Prices are without VAT , EX WAREHOUSE .
They do not include transport or any customs fees and insurance , which remain the responsibility of the Purchaser, unless the parties expressly agree .
Article 4 – RESERVATION – TRANSFER OF RISKS
PRODUCTS SOLD REMAIN THE PROPERTY OF THE COMPANY SAVDVF UNTIL FULL PAYMENT OF INVOICES, PAYMENT MADE AFTER NOT BEING CONSIDERED EFFECTIVE COLLECTION OF PRICE. If products subject to retention of title were resold by the Buyer, the debt SAVDVF the company will be automatically transported to the claim of the price of such products. The customer hereby assigns to society SAVDVF all claims which may arise from the resale of unpaid goods under retention of title.
Any deposit paid by the Buyer will be kept by the SAVDVF company as a penalty, without prejudice to any other action that would be entitled to bring this fact against the Buyer.
Notwithstanding the foregoing, the transfer of risk is made in favor of the Purchaser upon the availability of the products ordered.
Article 5 – DELIVERY / RETIRAISON
5.1 SAVDVF company is committed to deliver the products within the time specified in during the order confirmation, or, where applicable, within the deadlines agreed in the annual Single Convention.
This period is not a strict deadline and SAVDVF company may incur liability in respect of the Buyer in case of delivery delay not exceeding two (2) months.
5.2 The products are sold “EXW – Ex Works” in accordance with Incoterms 2010.
Buyer acknowledges that it is the carrier that it is to make delivery, he was appointed by him or the SAVDVF company, the latter being deemed to have fulfilled its obligation to deliver upon delivery of ordered products the carrier who has accepted them without reservation.
The buyer therefore has no recourse against the guarantee SAVDVF company in default of delivery of products ordered or damage occurring during transport or unloading.
5.3 If retiraison delay or delivery of wine taken by the Purchaser from the date agreed by the Parties, the SAVDVF company will be entitled to charge the Buyer storage costs in the amount of 3 % of the selling price excluding wine per week of delay, without prejudice to any damages.
Article 6 – RETURNS – COMPLAINTS
6.1 No return of goods will be accepted without the prior agreement of the company SAVDVF.
6.2 It is up to the receiving client in case of damage, loss or delay due to the fault or negligence of carriers, make a reservation in the presence of the driver on the waybill duly signed and dated, with confirmation by the carrier letter within three (3) days of receipt by the customer pursuant to Article L 133-3 of the commercial Code and accompanied with a copy of the delivery concerned by registered letter with a notice of application SAVDVF reception at the company within 5 (five) days from the receipt of the goods, under penalty of foreclosure.
6.3 The products covered by the legal warranty against hidden defects, in accordance with Article 1641 of the Civil Code. However, it is recalled that the wine is a fragile product and must be kept in adequate conditions (temperature, humidity …).
In case of complaint of the Buyer based on a defect, or more generally a lack of wine delivered, it will be for the latter to prove the defect or failure by an amicable expertise organized by him.
Article 7 – EXCLUSION OF PENALTIES
No penalty will be accepted by the society SAVDVF without the prior written consent of the latter and that, whatever the reason for the penalty. These penalties will not be subject to compensation without prior written consent of the company SAVDVF.
Article 8 – MAJOR FORCE
In case the SAVDVF company would be prevented from fulfilling totally or partially his obligations due to any event beyond its reasonable control, such as, in particular, any act of war, sabotage or terrorism, insurrection, riot, act of government, embargo, strike or social movement affecting a third party which the carrier, lockout, flood, explosion, fire, shortage of fuel, energy, raw materials or personnel, delay or failure of transportation, accident or failure in particular computer not arising from its negligence, epidemic, compliance with a mandatory law or regulation issued by public authorities, the SAVDVF company engages in the shortest possible time to prevent the customer and inform him of the possible consequences in terms of delays that may arise.
Current orders will be suspended or canceled by the delay resulting from the force majeure event or not is less than 90 (ninety) days, without being able to give rise to any compensation.
Article 9 – APPLICABLE LAW – JURISDICTION
These general conditions of sale are subject to French law.