Address: 1 route du bout du monde, 83230 Bormes Les Mimosas, France
Tel: +33 (0)4 94 64 80 11
Company Registration Number: 487 468 563 00019
APE code: 0121Z
OUR QUALITY COMMITMENT
We are fully committed to ensuring the high quality of the services we provide and make every effort to guarantee customer satisfaction, both through the undisputed quality of our wines and by our quality of service. We endeavour always to meet delivery deadlines set and ensure that goods arrive in excellent condition. If there is any problem, we will take immediate measures to remedy it. We are always available to help you and are only too pleased to give advice, explain and talk about our vineyard and our wines, subjects that are very dear to our hearts. The Domaine is open every day from 09:00 to 20:00 in summer or by appointment: +33 (0)4 94 64 80 11
GENERAL CONDITIONS OF SALE
Article 1 – General and scope
These conditions of sale are agreed between CHATEAU MALHERBE, hereafter called “the Company”, on the one hand and the companies or individuals who wish to purchase the wine from our vineyards, on the other.
1.1 Placing an order for goods implies that the purchaser accepts, without reservation, fully and without exception, these general conditions of sale which take precedence over any of the purchaser’s documents such as general purchase conditions, unless expressly agreed by the Company beforehand.
1.2 These general conditions of sale apply to all goods produced by the Company unless previously agreed in writing by the Parties before placing the order.
1.3 Any document other than these general conditions of sale, in particular catalogues, brochures, advertising material and notices, is for information purposes only and may in no circumstances be considered contractual.
Article 2 – Orders
The term “Order” denotes any order for goods produced by the Company and accepted by the Company. Orders are subject to the availability of stocks.
The Company will only take account of any request to change the composition or volume of an order placed by the Customer if the request is sent in writing, fax or e-mail, and reaches the Company within 24 hours after the Company has received the initial order. Any modification made by us will take effect within the same period of time.Article 3 – Delivery
3.1.1 Delivery will be made within the deadline agreed between the Company and the purchaser for each order. Deliveries are carriage free for orders over three cases.
3.1.2 The Company is not liable for late delivery outside its control.
3.1.3 If the Customer changes the content of the Order, the delivery deadline agreed by the parties may be extended, if appropriate, depending on the impact of said modification.
3.1.4 Goods are only delivered to MAINLAND France.
3.1.5. An additional delivery surcharge of 30% of the basic delivery charge will be applied for goods sent to islands and mountain destinations.
The Company’s liability for the goods sold by the Company ceases when the goods are delivered to the Customer.
If the goods delivered are damaged or if parcels are missing, the Customer is responsible for making the appropriate claims to the carrier by registered post. If no claim regarding a product has been received by the carrier within 3 days of delivery, with a copy sent at the same time to the Company, the product will be considered to have been accepted by the Customer.
Article 4 –Price and Payment
4.1 Prices are in euros, inclusive of VAT, ex chais.
4.2 Method of payment
Payment by cheque or bank card. Orders will be processed after cheques have been cashed or payment by bank card has been confirmed. For payment by cheque, the approval period will be extended to 5 working days. Cheques should be made out to: Château Malherbe.
Article 5 – Property in the Goods
Goods remain the property of the Company until payment in cleared funds has been received but the risks are, however, transferred to the Customer as described in article 3.2.
Article 6 – Warranty
The Company guarantees the Customer, in accordance with his legal rights, that the goods conform and have no hidden defects. The Customer is responsible for proving the origin of any flaws.
Article 7 – Mail orders sent to private individuals
In accordance with article L 121-20 of the Consumer code, Customers have a period of 7 days to exert their right to cancel orders in the conditions defined in said article.
Article 8 – Force majeure
The Parties undertake to comply with all the obligations set out in this document, with the exception of force majeure defined as such by law.
Article 9 – Attribution of jurisdiction
If the Parties are unable to reach an amicable agreement, they agree to bring claims arising from the execution of this contract before the appropriate local court if the Customer is a private individual or before the Tribunal de Commerce de Fréjus if the Parties are both businesses.
Article 10 – Termination
If the Company is unable to comply with any one of the clauses of this agreement at a given time, this does not invalidate these clauses at a future date.
Article 11 – Applicable law
Any matter relating to these general conditions of sale and the sales covered by these conditions, which is not covered by these contractual conditions, shall be decided according to French law.
Article 12 – Protection of Minors
In accordance with article L. 3342-1 of the Public Health Code, on the illegality of selling alcohol to anyone under the age of 18, the purchaser must certify that he is over 18 at the time of placing the order.