Terms of Sales

CHATEAU MALHERBE

Adresse postale : 1 route du bout du monde 83230 Bormes-Les-Mimosas - France

Tel : +33 (0)4 94 64 80 11

contact@chateau-malherbe.com

RCS : 487 468 563 00019

APE : 0121Z

OUR COMMITMENT TO QUALITY We guarantee all our customers our commitment and our determination. We do our utmost to satisfy our customers, both by the recognised quality of our wines and by the quality of our services. We always try to respect the delivery deadlines. Furthermore, we make it a point of honour to ensure that the goods arrive in excellent condition. If this is not the case, we take prompt action to remedy the situation. Finally, we are always at the service of our customers, and we are very happy to advise, explain and talk about what is most important to us: our estate and our wines. The estate is open every day from 10am to 8pm during the summer and from 10am to 6pm, Monday to Saturday, outside the summer period, or by appointment: +33 (0)4 94 64 80 11

GENERAL TERMS AND CONDITIONS SALE

Article 1 - Purpose and scope of application

The present conditions are agreed between CHATEAU MALHERBE, referred to as "the Company", on one hand, and the natural or legal persons wishing to purchase wine from our estates on the other hand. 1.1 Any order of products implies the unreserved acceptance by the buyer and his full and complete adherence to the present general conditions of sale which prevail over any other document of the buyer, and notably over any general conditions of purchase, except in the case of an express and prior derogatory agreement by the Company.

1.2 These general terms and conditions of sale shall apply to all sales of products by the Company unless agreed prior to the order and agreed in writing between the parties. 1.3 Any document other than the present general terms and conditions of sale, in particular catalogues, brochures, advertisements and notices, is for information purposes only and may not under any circumstances constitute a contractual commitment.

Article 2 - Orders

2.1 Definitions An order is understood to be any order relating to the Company's products and accepted by the Company. The possibility of placing an order shall be understood to be within the limits of available stocks.

2.2 Modification Any request to modify the composition or volume of an order placed by the Client shall only be taken into account by the Company if the request is made in writing, including by fax or e-mail, and is received by the Company no later than 24 hours after the Company receives the initial order. Any modification on our part will be made within the same timeframe.

Article 3 - Deliveries

3.1 Deadlines 3.1.1 Delivery shall be made according to the deadlines established by mutual agreement between the Company and the buyer and specific to each species. Deliveries are made carriage paid from 200 euros. 

3.1.2 The Company shall not be held responsible for any delay in delivery beyond its control.

3.1.3 In the event of a change in the content of the Order by the Client, the time limit agreed between the Parties, if any, may be extended depending on the extent of such change.

3.1.4 Delivery shall only be made in METROPOLITAN France.

3.1.5. 3.1.5. Delivery charges may vary depending on the final destination of the product and in accordance with the commercial policies applied by the transport service providers partnering with Château Malherbe.

3.2 Risks: The transfer of ownership of the products sold depends on the agreements put in place between the parties involved. In the case of sales via the website (B to C sales), the risk is transferred when the products sold are made available to the customer. 

3.3 Transport In the event of damage to the goods delivered or missing packages, it is the customer's responsibility to make all necessary reservations with the carrier. Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of its receipt from the carrier, a copy of which will be sent simultaneously to the Company, will be considered accepted by the customer.

Article 4 - Prices and payment terms

4.1 Prices include VAT, in euros, from our cellars.

4.2 Payment terms

Payment by cheque or credit card. The order will be processed once the credit card payment has been received or validated. In case of payment by cheque, the validation period will be extended to 5 working days. Your cheque must be made out to : Château Malherbe.

Article 5 - Ownership rights

The Company reserves ownership of the goods until full payment has been received, the risks being nevertheless transferred to the Client as described in Article 3.2.

Article 6 - Guarantees

The Company guarantees the Client under the conditions of common law against the lack of conformity of the goods sold as well as against their hidden defects, it being the Client's responsibility to prove the origin thereof.

Article 7 - Remote sale to a private individual In accordance with article L 121-20 of the Consumer Code, the Client has a period of 7 clear days to exercise his right of withdrawal under the conditions set out in the audit article.

Article 8 - Force majeure

The Parties are required to perform all the obligations set out in this document, except in cases of force majeure designated as such by case law.

Article 9 - Attribution of jurisdiction

The parties agree to submit any disputes arising from the execution of this agreement to the competent territorial court if the Customer is a private individual and to the Commercial Court of Toulon if the parties are both merchants, in the event that an amicable solution cannot be found.

Article 10 - Waiver

The fact that the Company does not avail itself at a given time of any of the clauses of the present contract shall not constitute a renouncement of the right to avail itself of these same clauses at a later date.

Article 11 - Law applicable

Any question related to the present general conditions of sale as well as to the sales they govern, which would not be dealt with by the present contractual stipulations, shall be governed by French law.

Article 12 - Protection of minors

In accordance with article L. 3342-1 of the French Public Health Code, on the prohibition of the sale of alcohol to minors under the age of eighteen, the buyer certifies at the time of ordering that he/she is at least eighteen years old.