Any order for products distributed by DIFFUSION CAVES ET TERROIRS implies the purchaser’s unconditional acceptance of our General Terms and Conditions of Sale.
Any modification to our General Terms and Conditions of Sale shall be subject to our prior, express and written acceptance. If a specific agreement deviates from one of the provisions of these General Terms and Conditions of Sale, the others shall continue to apply.
Unless expressly accepted in writing by us, our General Terms and Conditions of Sale shall prevail over any different or contrary clauses appearing on the purchaser’s documents or correspondence. Any orders placed with DIFFUSION CAVES ET TERROIRS imply the unconditional acceptance of these General Terms and Conditions of Sale, and the purchasers’ general terms and conditions of purchase shall in no way be binding on DIFFUSION CAVES ET TERROIRS. Subject to the enforcement of current law, DIFFUSION CAVES ET TERROIRS reserves the right to modify, at any time, its prices and its General Terms and Conditions of Sale with one (1) month’s notice. It is expressly agreed that if the purchaser does not dispute all or part of the clauses appearing in the new conditions within fifteen (15) days of their being disseminated, the new clauses shall be fully binding on the purchaser.
The fact that DIFFUSION CAVES ET TERROIRS does not take advantage of any of the provisions of these General Terms and Conditions of Sale shall not be interpreted as a waiver of the right to take advantage of them at a later date.
If any provision of these General Terms and Conditions of Sale is declared null, illegal or inapplicable in whole or in part, the other provisions shall remain in force.
The present General Terms and Conditions of Sale are personal and non-transferable. In the event that purchasers transfer all or part of their business or goodwill, they must notify DIFFUSION CAVES ET TERROIRS of the change forthwith. The successors or purchasers must demonstrate that they meet the stipulated conditions in order to benefit from these General Terms and Conditions of Sale.
Orders shall be posted to DIFFUSION CAVES ET TERROIRS – rue de Germigny – 51390 Janvry or emailed to contact@champagne-prestigedessacres.com
Once an order is received, it is irrevocable. The customer specifies the payment method (cheque or bank transfer).
The seller undertakes to honour this order within the limits of the stocks available. If stocks run out, the seller shall suggest to the customer a product of equivalent quality and price. In the absence of an agreement, and in the event of retraction by the customer, the customer shall be reimbursed under the provisions of Article L 121-20-1 of the Consumer Code.
Under the terms of Article L121-20 of the Consumer Code, customers have a period of fourteen clear days to exercise their right to retract without having to justify their reasons or pay penalties except for return shipping costs, when applicable. The abovementioned time period starts from the receipt of the goods. If goods are returned, we will only accept intact bottles in their original packaging.
In the event of an order placed via Electronic Data Interchange (EDI), a framework agreement shall govern relations with the Customer. In the absence of such an agreement, no EDI orders can be considered. The acceptance of the order results from shipping the products. This acceptance may take place within one (1) month from receipt of the order. During this period, purchasers undertake not to retract their orders. Our representatives are not authorised to collect payment from purchasers or to agree to conditions that deviate from these General Terms and Conditions of Sale.
Any modification requested by the purchaser in orders intended for metropolitan France or the Principality of Monaco shall only be taken into consideration if received in writing five (5) days before goods are dispatched.
Our prices are ex-cellar (FCA F-51390 JANVRY).
It is possible to provide goods on pallets under the conditions defined in the order. Handling costs shall be charged for products packaged outside the standard palletisation of DIFFUSION CAVES ET TERROIRS. In the case of deliveries on EURO pallets (80 x 120), these shall be exchanged number for number on the day of delivery and in compliance with EURO standards. Pallets that are not returned by purchasers shall incur charges.
The lead times for provision that are mentioned on the order* are for information purposes only and shall be complied with according to the availability of the products. However, a delay in providing the products shall not justify the cancellation of the order or liability for damages or penalties. Cases of force majeure (strike, supply difficulties, etc.), fortuitous events or similar shall release us from any obligation to deliver, without any compensation.
The fulfilment of our obligations to provide the goods is subject to the timely and proper fulfilment of the purchaser’s obligations. In the event that purchasers’ failure to comply with their obligations leads to a delay in provision by DIFFUSION CAVES ET TERROIRS, the latter may claim compensation for resulting losses, including any additional expenses. In this case, the risk of loss or accidental deterioration of the goods ordered shall be transferred to the purchaser on the provision date initially planned.
* 15 working days for permanent range products in standard EEC packaging. * 30 working days for special operations products and / or specific packaging.
Unless otherwise specified on the price list, the products travel at the risk of the recipient. In the event of apparent damage, recipient must raise their reservations on the transport document before taking delivery of the merchandise. If any damage, breakdown or missing items become apparent when unpacking the goods, it is imperative to send reservations by registered post to the transport company that delivered the goods, taking into account the regulatory deadlines (CMR / LTA / Bill of Lading) in accordance with Article L 133-3 of the French Commercial Code.
Without prejudice to the measures to be taken with regard to the carrier, complaints may be lodged, by registered post with acknowledgement of receipt, about any apparent defects or non-conformity of the product delivered compared to the product ordered or to the dispatch note within the statutory time limits. Any error or ambiguity resulting from poor printing or writing is not binding on DIFFUSION CAVES ET TERROIRS.
It shall the purchasers’ responsibility to provide all proof as to the existence of the defects or anomalies noted. They shall allow DIFFUSION CAVES ET TERROIRS access to all facilities in order to observe such defects and remedy them.
Throughout this Agreement, the terms “EB” or “EQ” shall mean the equivalent of a 0.75 litre bottle of Champagne. The prices appearing on the professional price list of DIFFUSION CAVES ET TERROIRS are understood to include excise duties (CRD, social security contribution) and stamps, and exclude VAT unless otherwise stated, and are given solely as an indication. They may be modified at any time subject to one month’s notice. All orders shall be invoiced according to the conditions shown on the price lists in force on the date of shipment.
In the event of increases in the social security contribution, consumer duty or VAT, the prices including duties shall be modified accordingly on all shipments made as from the date that the new duties come into effect.
It should be noted that trade negotiations and relations are governed by the Agriculture and Food Law of 1 November 2018.
Promotions organised by DIFFUSION CAVES ET TERROIRS shall be proposed to the customer(s).
Discounts may be applied successively to the base prices after applying any promotional discounts communicated to the purchaser.
Our orders intended for export are payable before collection or net thirty days if previously agreed in writing. Orders intended for France are payable before collection, particularly for orders placed when opening an account, or, if previously agreed in writing, in accordance with Law of 31 December 1992 and NRE law of 15 May 2001 (i.e. a maximum of 30 days end of month of delivery for purchases of products subject to the consumption rights provided for in Article 403 of the General Tax Code).
Except in cases of legal set-off, no deductions shall be allowed from invoiced amounts, for whatever reason.
Regardless of the reservations raised by the purchaser upon receipt of the products, namely in the event of breakage, the portion of the delivery received in good condition and in accordance with the order shall be paid at the agreed price and according to the payment terms provided for in the order.
Any delay in payment, whether total or partial, after the due date shall automatically result in late payment penalties: the fixed amounts for collection costs and late payment fees are defined by the LME law of 4 August 2008.
This may lead, at the sole discretion of DIFFUSION CAVES ET TERROIRS, to the immediate suspension of all new deliveries until full payment of all outstanding amounts and late penalties has been made.
Any deterioration in the purchaser’s credit may moreover justify the requirement of guarantees or payment by any means at its convenience before the orders received are fulfilled.
We will be obliged to suspend our deliveries to purchasers who do not comply with current economic regulations, particularly those who practice resale at a loss of products appearing on the price lists, as this term is/will be defined by the text in force at the time of the occurrence.
DIFFUSION CAVES ET TERROIRS retains ownership of the products delivered to the purchaser until payment in full of the principal and other charges. The purchaser undertakes to keep in stock the products delivered, under conditions that guarantee the absence of deterioration and that individualise the products delivered but not yet paid. In the event of resale the purchaser shall inform the sub-purchaser, who must undertake to comply with the latter provision. Cheques, bills of exchange or any other negotiable instrument that creates an obligation to pay shall only be considered as payment in the meaning of this provision after their actual receipt, and the claim originating from DIFFUSION CAVES ET TERROIRS on the purchaser remains effective, including all guarantees attached thereto and the retention of title, until the abovementioned negotiable instrument has been paid. However, as soon as the products are delivered or made available, the purchaser shall bear the burden of the risks, theft, deterioration or destruction of the products subject to the retention of title, as well as any damage that the latter may cause. The purchaser must take out insurance covering the risks arising from the moment the products are made available. In the event of garnishment or any other intervention by a third party on the products, the purchaser must inform DIFFUSION CAVES ET TERROIRS without delay in order to enable it to file an objection against it and preserve its rights. The purchaser shall also be prohibited from pledging or transferring ownership of the products by way of guarantee. DIFFUSION CAVES ET TERROIRS authorises purchasers, within the framework of the normal operation of their business, to resell the products covered by this retention of title clause. In this case, the purchaser formally refrains from assigning to anyone in any form whatsoever, except to DIFFUSION CAVES ET TERROIRS, the claim on the sub-purchaser until full payment of the price. This prohibition particular concerns the assignment and mobilisation of claims in all forms with banking institutions (Dailly and other assignments). In the event of resale, the purchaser undertakes to inform the sub-purchasers that the products are subject to a retention of title clause and to inform DIFFUSION CAVES ET TERROIRS of this assignment so that it can preserve its rights and, if necessary, make a claim on the resale price against the sub-purchaser.
All the elements of our website are and remain the intellectual and exclusive property of the seller. No- one is authorised to reproduce, exploit, re-disseminate or use for any purpose whatsoever, even partially, visual or audio elements of the site.
Any links or hyperlinks are strictly prohibited without the express written consent of the seller.
Customers may lodge any complaints by writing to the attention of “The co-managers” at the following address: rue de Germigny – 51390 Janvry; or emailing to the attention of “The co-managers” at contact@champagne-prestigedessacres.com.
All products supplied by the seller benefit from the legal guarantee provided by Articles 1641 et seq. of the Civil Code. In the event of a product defect, the customer must comply with the conditions of Article 1648 of the Civil Code.
In accordance with Article L.3342-1 of the Public Health Code, which states that the sale of alcohol to minors is prohibited, the customer and the beneficiary pledge that they are over eighteen years of age at the date of the order.
Buyers shall not, directly or indirectly, export the products ordered to regions outside the European Union or the EFTA (European Free Trade Association) without the express agreement of DIFFUSION CAVES ET TERROIRS. Failure to comply with this provision shall result in the immediate suspension of deliveries, without prejudice to any damages that DIFFUSION CAVES ET TERROIRS may claim. Orders intended for resale outside the European Union and the EFTA must specify the quantities, the destination country and the name of the recipient. We reserve the right not to fulfil such orders.
The settlement of any dispute that may arise between the purchaser and DIFFUSION CAVES ET TERROIRS shall come under the exclusive jurisdiction of the REIMS Commercial Court.
Done in JANVRY on 1 January 2020.
DIFFUSION CAVES ET TERROIRS
rue de Germigny – 51390 JANVRY – FRANCE Phone: + 33 3 26 03 63 40 www.champagne-prestigedessacres.com contact@champagne-prestigedessacres.com APE-NAF: 4725 Z
SIRET: 377 928 726 000 19
IBAN: FR76 1020 6150 0108 0992 8912 005 VAT: FR 41 377 928 726
EXCISE DUTY: FR 097 379 E 1754