Terms of Sales

Applicable to the Hermione Queen champagne range of SAS M&N Partners 20 rue Laennec, 42230 Roche La Molière (France)

Welcome/ Terms of Sales

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1 – APP

Our general conditions of sale and prices can be communicated on simple request from the customer before the order. By placing an order, the customer acknowledges having read them and having accepted them in all their provisions, notwithstanding any clause to the contrary appearing in its own documents. These General Conditions of Sale constitute the 101 of the parties and prevail over any document issued by the customer, and in particular its general conditions of purchase.

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2 – ORDERS

2.l – Our sellers or sales agents do not have the power to bind our company, so that any order will only become final if it is not contested by our company within eight days of receipt. in our offices. If the order is not contested within this period, by e-mail, fax or post, the order will be considered accepted and the sale will be deemed to have been formed. Orders must in any event specify the nature and quantity of the products ordered and respect the packaging and minimum quantities specified in our company's pricing conditions.

2.2 – Our company reserves the right to refuse, reduce or split any order from the customer that is abnormal in quantitative terms, or in the event of non-coverage of the customer, for the full amount of his order, by the company. credit insurance to which our company has recourse, or in the event of out of stock or of a necessary quota measure taking into account the fact that the products sold are subject to the rules applicable to wines with a controlled designation of origin "Champagne" which by their nature are limited in their quantity, after having notified the customer thereof in writing, without this entitling him to any Compensation or damages of any kind.

2.3 – Any order not contested under the conditions set out above cannot subsequently be the subject of any modification, cancellation or postponement of the due date, unless expressly accepted in writing by our company. The cancellation of an uncontested order will result in the immediate payment of damages to the benefit of our company.

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3 – DELIVERY – TRANSFER OF RISKS

3.1 – The delivery times indicated on any document, emanating either from our company or from the customer, always apply to products made available to the customer on our premises, whatever the methods of transport of the products and even if our company ensures the delivery of the products to the customer's premises. Delivery times are given as an indication and depend on our company's supply and transport possibilities. Exceeding delivery times cannot give rise to late payment penalties, damages, refusal of delivery or cancellation of orders.

3.2 - Unless otherwise specified, our company ensures the actual delivery of the products to the customer's premises, either directly or through a carrier appointed by it and, in this case, our company assumes the inherent risks and costs. transport, the transfer of risks taking place during unloading at the customer's premises. In the event that the customer collects the products from our premises, either directly or through a carrier appointed by him, the customer will bear all the risks and all the costs inherent in the transport, the transfer risks occurring during loading on our premises.

3.3 – Whatever the methods of transport of the products, it is up to the customer, in the event of damage or missing:

• • to express reservations on the delivery note and on the transport note,

  • notify the carrier by extrajudicial act or registered letter with AR of its reasoned protection, within three days (not including Public Holidays) following that of receipt of the products by the customer

  • to inform our company, without delay, by registered letter with AR.

3.4 – All complaints relating to the products delivered – except for those relating to transport, must be sent to our company by registered letter with AR in writing within eight days of receipt of the products by the customer. After this period of eight days, the products will be deemed to conform to what had been ordered and no complaints will be accepted by our company, which will be released from all liability. In the event of complaints, the customer must provide all the supporting documents as to the reality of these and must leave all facilities to our company to carry out or have carried out by any third party all the findings which it deems necessary. If, after verification by him, the complaints appear to be well founded, the customer may only request the free replacement or reimbursement of the products subject to the complaints. The customer's complaints may in no case give rise to the payment of any costs, compensation for damages and interest of any kind whatsoever and may in no case justify the cancellation of the order. Any complaint made by the customer under the conditions and according to the methods described by this article does not suspend the obligation of payment by the customer for the products delivered.

3.5 – No return of products will be accepted without the prior written consent of our company.

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4 – PRICE

4.1 – The prices are disclosed on estimate to our customers after a first contact via our website using the contact form.

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5 – PAYMENT

5.1 – Unless otherwise specified, invoices are payable net 30 Days from the date of collection or delivery, by check or by SWIFT transfer, within the coverage limit granted to the customer by our company's credit insurance, it being specified that above said ceiling, the price is payable net and without discount on order. In the event of payment by bill of exchange, failure to return the accepted bill within eight Days of delivery or removal will be considered as a failure to pay.

5.2 – Payment is deemed to have been made on the date on which the funds are made available by the client to our company or its subrogated. The check must reach our company at least three days before the due date of the invoice and the transfer must be credited to our company's account on the due date.

5.3 – Unless otherwise specified, payment in advance of the 30-day deadline will not give rise to a discount.

5.4 – In the event of late payment in relation to the payment date provided for on the invoice, our company may automatically suspend all orders in progress, and all sums owed by the customer will become immediately and automatically payable, without prejudice to any other course of action and without this entitling him to any compensation or damages. Any amount not paid on the due date will give rise automatically and without prior notice, by way of derogation from Article 1153 of the Civil Code, to the payment of late payment interest at a rate equal to three times the legal interest rate. in force, calculated pro rata temporis per Day, counted from date to date, from the due date until the Day of payment of the principal of the costs and accessories.

In addition, the customer must reimburse our company for all costs incurred by the recovery of unpaid sums, including a lump sum compensation equal to 10% of the amount of sums remaining due without prejudice to any other damages. Finally, the non-payment of invoices on time will result in the loss of all discounts or rebates not yet settled on the Day of the observation of the non-payment, any invoice having to be paid in cash at the time of the order. In the event of default of payment, forty-eight hours after a formal notice sent by registered letter with AR remained unsuccessful, the sale will be terminated automatically if our company sees fit, which may request, in summary proceedings, the return of the products without prejudice to all other damages. The resolution will affect not only the order in question but also all previous Unpaid orders, whether delivered or in the process of being delivered and whether payment is due or not.

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6 – RETENTION OF OWNERSHIP

It is expressly agreed that the products remain the property of our company until full payment of the price by the customer. The customer who has custody of the products not fully paid for, undertakes to keep them in perfect condition, to inform our company of the place where they are delivered and to keep them at its disposal. The customer undertakes to allow the identification and claiming of the products at any time, it being specified that the products in stock with the customer are irrefutably deemed to be unpaid products. In the event of seizure, or any other intervention by a third party on the products, the customer must imperatively inform our company as soon as possible, in order to allow him to oppose it and preserve his rights. The customer is prohibited from pledging or assigning as security the ownership of products that have not been fully paid for and, more generally, from granting any right whatsoever to the ownership of products that have not been fully paid for. In the event of resale of the products affected by the retention of title clause, the customer is prohibited from assigning the claim held on his own customer except to our company and undertakes to pay the sums due to our company upon payment operated by its own client.

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7 – FORCE MAJOR

Our company will be released from all or part of its obligations without it being able to read, to be claimed for damages that fortuitous events or force majeure occur preventing or delaying the development or delivery of the products. In the event of the occurrence of a case of force majeure, our company undertakes to notify the customer as soon as possible in writing.

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8 – CONSERVATION ADVICE

To preserve the qualities of Champagne wine, the bottles must be kept lying down, in a closed room away from light, excessive temperatures and frost.
No claim on quality will be admissible if these storage conditions have not been respected.

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9 – COMPLIANCE WITH REGULATIONS

Our company reserves the right to interrupt deliveries and cancel orders from customers who do not respect, with regard to the products sold, all the legislative and regulatory provisions Inherent in economic rights and in particular with regard to resale. losses, traceability and food safety.

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10 – JURISDICTION – DISPUTE

For all disputes relating to the execution or interpretation of these general conditions of sale, only the Commercial Court of SAINT-ETIENNE will have jurisdiction.