GENERAL TERMS OF SALE
1 - PREAMBLE
The present general terms of sale apply to the distance selling of wine to clients by Bordeaux Winebank Holding (SARL), a firm with a capital de 4.400,000 euros, listed on the Bordeaux Trade Register under the number 498 460 328, whose corporate headquarters are located 44 Chemin de Murielle et Alain – 33360 Quinsac, France.
The customer, hereinafter named "the client", acknowledges having read, understood, and accepted the following general terms of sale.
2 – APPLICABLE JURISDICTION
The site www.bordeauxwinebank.com/ex, established and hosted in France, is subject to French law. The client explicitly accepts that all orders are automatically placed in accordance with our general terms of sale, and that these are governed by French law.
3 – LEGAL INFORMATION
- MINORS AND LEGAL CAPACITY
Both official ruling no. 59-107 dated 7 January 1959 and law 74-631 dated 5 July 1974 prohibit the sale of alcoholic beverages to minors and assimilated categories. Therefore, in filling in your order form, you necessarily acknowledge that you have the legal capacity to purchase according to the terms of the present contract.
- C.N.I.L. – ACCESSING YOUR CUSTOMER FILE
In keeping with Law no. 78-17 dated 6 January 1978, the site www.bordeauxwinebank.com/ex has made all necessary declarations to the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority). In application of the "Data Protection Act", all information requested of you is essential to process your order and is limited to the sole use of Bordeaux Winebank.
You are entitled to access, modify, delete, or correct any personal data.
You may also receive offers from other companies belonging to the Bordeaux Winebank group. If you do not wish to receive such offers, all you need to do is to tell us so in writing, at which time you should indicate your last name, first name, address and, as the case may be, your client identification number, in a letter (or e-mail) sent to:
- Bordeaux Winebank Holding – 44 Chemin de Murielle et Alain – 33360 Quinsac;
- bwb2x@bordeauxwinebank.com.
along with proof of your identity.
- ABUSE OF ALCOHOL
We remind all clients that the abuse of alcohol is dangerous to your health, and that alcoholic beverages should be consumed in moderation.
4 – PRICES
All our prices are in euros and excluding VAT.
These prices are per bottle, unless stated to the contrary.
Prices do not include transport charges.
5 – PURCHASING UNITS
Due to the way fine Bordeaux wines are packaged, we remind you that all orders are understood to be in cases of 1, 2, 3, 6, 12 or 24 bottles.
6 - DELIVERY / STORAGE
- Delivery
All wines are shipped from Bordeaux and therefore payment is to be made on an "ex-cellars Bordeaux" basis.
There are two possibilities with regard to shipment:
. The client may ask his usual carrier or forwarding agent to take possession of the case(s) from the warehouse where the wine is stored.
. The client may go through one of the transport firms with whom we have established privileged relations. This firm will be contacted as soon as the client confirms his choice in writing.
The cost of shipment is always entirely borne by the client, which is his total responsibility once the wines leave the warehouse.
The risks involved in the transport of goods, unless explicitly specified to the contrary, are borne by the client as soon as the wines leave the cellar or warehouse where they are stored. Bordeaux Winebank can in no way be held liable for loss, theft, damage, etc. that occurs during shipment.
As for wines shipped outside France, risk transfer will conform to the Incoterm conditions cited on the confirmation of an order. Failing that, Incoterm EXW will apply.
- Storage
Bordeaux Winebank also offers their clients the possibility of storing wine they have purchased. Furthermore, we are able to establish bonded storage contracts for foreign customers.
A contract between a storage firm and the client can be appended to the sales contract.
The cost of storage is entirely due by the client.
- Indirect damage
Goods always travel at the consignee's risk.
- Availability of wines
All our offers are subject to confirmation and limited to available stocks.
If any wines that have been ordered are unavailable due to lack of stock when the order is being processed, and cannot be supplied, we will inform you by post, e-mail or telephone.
7 – INVOICING/PAYMENT
Payment for purchases made from www.bordeauxwinebank.com/ex can only be made by bank transfer.
This can be a normal transfer in France, but should be by SWIFT bank transfer from abroad. Payment must be made within two 2 (two) working days.
Orders are only considered as definitive when they have been received and accepted by Bordeaux Winebank Exchange. Should any information be missing at time of ordering, the order cannot be processed.
Bordeaux Winebank Exchange reserves the right to suspend all shipments purchased by fraudulent means or if a financial institution refuses to transfer payment.
The entire invoice value must be paid when ordering. An invoice will be made out in the client's name and sent by e-mail.
All correctly placed orders are duly registered, and the client will receive e-mail confirmation once payment has been received.
Wines remain the property of Bordeaux Winebank until such time as the full invoice value has been paid, as well as the full payment of any previous shipments.
8 – CANCELLING ORDERS
A seven-days period (starting from the time the order is received) is granted for returning the product and be paid back without penalties. (Contact us for more information)
9 - LIABILITY
Bordeaux Winebank cannot be held liable for orders undelivered due to a stock shortage or unavailability of the product, nor in instances of force majeure, including strikes of whatever nature, flooding, fire or other natural catastrophe, or events of any other kind that prevents the proper preparation and delivery of an order.
Images, photos and illustrations: Please note that the actual products may differ from the visuals on the bordeauxwinebank.com/ex site.
Bordeaux Winebank cannot be held responsible for information (text, data) on their site, but commit to removing any such information for valid reasons if requested at the following address: bwb2x@ Bordeauxwinebank.com.
10 - CONFIRMATION OF TRANSACTIONS
Clients confirm orders are by double clicking, which is equivalent to a handwritten signature.
11 - PROOF
All written exchanges are stored on the Bordeaux Winebank computer system under normal security conditions. These exchanges are considered proof of communication between both parties as well as orders placed, and payment.
12 – SETTLEMENT OF DISPUTES
All above contractual clauses are subject to French law. Our customer service department will be glad to settle any claim. If an amicable solution cannot be found, litigation can only take place before law courts coming within jurisdiction of the Bordeaux Court of Appeals.
Corporate headquarters: Bordeaux Winebank Holding – 44 Chemin de Murielle et Alain – 33360 Quinsac
VAT NUMBER: FR90498460328
CEO: Henning Thoresen
Site hosted by: surserveur.com
13 - UPDATING OF GENERAL TERMS OF SALE
www.bordeauxwinebank.com/ex reserves the right to change the present terms of sale at any time.