Vins de Bourgogne sélectionnés par Jean-François Bouchard à Beaune

Term of sales

 

ARTICLE 1 : APPLICATION OF THE GENERAL TERMS OF SALE

The present General Terms of Sale, hereafter "GTS", are applicable, without restriction or reservation, to all products, hereafter "the Products", offered for sale by the company JEAN- FRANCOIS B. on its Internet Site "www.bourgognextra.com".

Consequently, ordering on the Internet Site of the company JEAN- FRANCOIS B., by any natural person or legal entity, hereafter "the Client", constitutes full and complete acceptance of the present GTS.
The GTS are available at any time on the Internet Site and will prevail over all other versions, if any.

 

ARTICLE 2 : GEOGRAPHIC SCOPE OF THE SALES OFFER

The Products are offered for sale worldwide, except where specifically noted and in the case of countries having restrictive legal or regulatory provisions regarding the import of the Products, a list of which may be obtained upon request to the company JEAN- FRANCOIS B..

The Products offers are understood to be within the limit of available stock and without further obligation by the company JEAN- FRANCOIS B..

 

ARTICLE 3 : ESTIMATES - ORDERING ON THE INTERNET SITE

3.1 Estimates by the company JEAN- FRANCOIS B. are valid for a period of 1 month from the date thereof.

3.2 The Client selects the Product or Products that he wishes to order on the Internet Site.

All orders on the Internet Site imply adherence by the Client, without restriction or reservation, to the present GTS.

The Product order will be confirmed for the Client.

The sale will only be deemed final upon the forwarding of the order confirmation and the depositing by the company JEAN- FRANCOIS B. of the entire sale price or deposit as set forth in Article 3.1 herein.

 

ARTICLE 4 : MODIFICATION OF ORDERS

Absent express agreement between the company JEAN- FRANCOIS B. and the Client, any modifications of orders requested by the Client will only be considered if sent by letter, e-mail or facsimile by the latter prior to the depositing of the sale price by the company JEAN- FRANCOIS B. and/or the sending of the Product order.

In the event that the company JEAN- FRANCOIS B. declines to accept said modification, the sums paid by the Client will not be refunded.

 

ARTICLE 5 : DELIVERY

The Products are delivered to the Client at the address indicated at the time of the order on the Internet Site.

Except in specific instances or in the case of unavailability of one or more Products, the Products are delivered at one time. Deliveries are provided by a shipping company independent from the company JEAN- FRANCOIS B..

The company JEAN- FRANCOIS B. undertakes to make its best effort to deliver the ordered Products to the Client as quickly as possible. Average delivery times are provided on the Internet Site for informational purposes only.

The exceeding of the delivery time cannot give rise to damages, deduction, or cancellation of the order by the Client. However, if 60 days after the indicated delivery date, the Products have not been delivered to the Client for any reason except absolute necessity or force majeure, the sale can be cancelled at the written request of the Client or the company JEAN- FRANCOIS B.. The Client will receive a refund of all sums paid to the company JEAN- FRANCOIS B., excluding any indemnity or damages.

Delivery is deemed effected upon delivery by the company JEAN- FRANCOIS B. of the Products to the shipper.

Therefore, the merchandise is shipped at the Client's risk, even when, at his request, the order is sent to another addressee.

The Client is responsible for verifying the condition of the Products delivered. He has 48 hours from delivery to make, by facsimile, a claim against the company JEAN- FRANCOIS B. for any non-conformity or apparent defect in the delivered Products. At the termination of this 48-hour period, the Products will be deemed conforming and free of any defect.

 

ARTICLE 6 : RIGHT OF RETURN

In conformity with law, the Client has a return period of seven (7) days, commencing on delivery of the Products, to return said Products to the company JEAN- FRANCOIS B. for exchange or reimbursement upon delivery to the company JEAN- FRANCOIS B. The foregoing is conditioned on the Products being sent in their original packaging and in perfect condition within 8 days of delivery. The cost of delivery will be paid by the Client.

 

ARTICLE 7 : SALE PRICE

Prices on the Internet Site are stated in French Francs or Euros.

The prices indicated on the Internet Site do not include the costs of shipping.

The price mentioned in the order confirmation by the company JEAN- FRANCOIS B. is the final price, stating, if applicable, all included taxes and including Value Added Tax (VAT) ("la Taxe sur la Valeur Ajoutée").

The company JEAN- FRANCOIS B. reserves the right to modify the prices of its Products at any time, and in particular based on price changes by the suppliers.

Payment will only be deemed final upon actual deposit of the funds by the company JEAN- FRANCOIS B..

It is expressly agreed that a failure to pay any installment will result in the entire sale price becoming immediately due and can result in an immediate demand for return of the Products.

A failure to make payment within ten (10) days following notice sent by registered letter with acknowledgement of receipt and/or e-mail, the Client will be liable for a late payment penalty calculated at two times the legal interest rate on the entire outstanding balance due.

 

ARTICLE 8 : LIMIT OF GUARANTY

The Products sold on the Internet Site comply with current French law. It is the sole responsibility of the Client to verify that these Products can be imported into the country of consumption.

Photographs and illustrations accompanying the Products on the Internet Site are not of a contractual nature and do not give rise to liability by the company JEAN- FRANCOIS B..

The Client is solely responsible for the choice, retention and consumption of the Products.

The Client is reminded that the abuse of alcohol is hazardous to the health and that it should be consumed with moderation.

 

ARTICLE 9 : RETENTION OF OWNERSHIP

The Products furnished to the Client remain the property of the company JEAN- FRANCOIS B. until full payment of the corresponding invoices. Failure to make payment can result in the demand for return of the Products by the company JEAN- FRANCOIS B..

The delivery of an instrument creating a payment obligation, including a bill or other instrument, does not constitute payment within the meaning of this Article, the original debt of the Client to the company JEAN- FRANCOIS B. remaining with all related guaranties.

The present provisions do not prevent the delivery of the Products, nor the shifting of the risks of loss of or damage to the Products upon delivery of said Products by the company JEAN- FRANCOIS B. to the independent shipper.

To the extent that the entire sale price has not been paid, the Client must separate the products delivered under the present contract and must not mingle them with other merchandise of the same kind from other suppliers. Upon failure to separate, the company JEAN- FRANCOIS B. can demand reimbursement or can return the Products to stock.

In the event of attachment or other intervention by third parties related to the Products, the Client must immediately inform the company JEAN- FRANCOIS B. so that it can intervene and protect its rights.

In addition, the Client is prohibited from pledging or assigning as guaranty the ownership of the Products.

Moreover, the Client is prohibited from reselling the Products purchased from the company JEAN- FRANCOIS B. while the full sale price has not been paid.

 

ARTICLE 10 : REGULATIONS

The delivery of the Products is conditioned upon receipt by the Client, if necessary, of all licenses, approvals, authorizations, and the completion of all declarations required by applicable law.

 

ARTICLE 11 : ABSOLUTE NECESSITY OR FORCE MAJEURE

The company JEAN- FRANCOIS B is not responsible for, and is not deemed to have breached its obligations based on any delay or nonperformance when the cause thereof is absolute necessity or force majeure customarily recognized by French case law, such as the shipper's failure to deliver the Products, strikes, riots, wars, storms, earthquakes, etc.

The state of absolute necessity or force majeure suspends the obligations under the contract for as long as it exists. However, if the state of absolute necessity or force majeure exists for a period in excess of thirty (30) consecutive days, either party will have the legal right to cancel the present contract, without indemnity, eight (8) days after sending a registered letter with acknowledgement of receipt notifying the other party of its decision to do so.

 

ARTICLE 12 : COMPUTER PROCESSING AND FREEDOMS ("INFORMATIQUES ET LIBERTES")

In compliance with Law No. 78-17 dated January 6, 1978 entitled "Computer Processing And Freedoms" ("Informatiques et Libertés"), the identifying information requested from the Client is required to process his order and is intended for the internal use of the company JEAN- FRANCOIS B..

This identifying information can, however, be sent to third parties, partners of the company JEAN- FRANCOIS B..

The Client has the right to access, modify, correct and challenge the information related to him.

 

ARTICLE 13 : MISCELLANEOUS PROVISIONS

The fact that the company JEAN- FRANCOIS B. has not required compliance with any provision of the present GTS whatsoever, whether permanently or temporarily, cannot be deemed a waiver by it of said provision.

In the event of interpretation discrepancies between the headings of any section and the provisions of that section, the headings shall be held not to exist.

If one or more of the provisions of the present GTS are invalid base on a law or regulation, or are held to be invalid pursuant to a final judgment by a competent authority, they will be deemed stricken and the remaining provisions will remain in force and effect.

The present GTS are subject to French law.

If the Client is a merchant, all litigation arising out of the present GTS, their interpretation, performance or consequences, or arising out of the legal documents supplementing or modifying them, is within the jurisdiction of the Commercial Court of BEAUNE.

 

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