Alcohol abuse is dangerous for your health, please drink responsibly. The sale of alcohol to minors under the age of 18 is prohibited.
EARL: Siret: 43125261800019 – 3 RUE DE L’EGLISE 89290 ESCOLIVES-SAINTE-CAMILLE
Tel: 03 86 53 35 28.- Email: contact@domaine-borgnat.fr- Website: www.domaine-borgnat.com
Clause No. 1: Purpose
The general terms and conditions of sale described below detail the rights and obligations of the company EARL DOMAINE BORGNAT and its customer in connection with the sale of the following goods: Bottled Burgundy wines.
Any service provided by the company EARL DOMAINE BORGNAT therefore implies the buyer's unreserved acceptance of these general terms and conditions of sale.
Clause No. 2: Price
The prices of the goods sold are those in effect on the date the order is placed. They are denominated in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and transportation costs applicable on the date of the order.
EARL DOMAINE BORGNAT reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is placed.
Clause No. 3: Discounts and rebates
The prices offered include any discounts and rebates that EARL DOMAINE BORGNAT may grant based on its results or the buyer's assumption of certain services.
Clause No. 4: Discounts
No discounts will be granted for early payment.
Clause No. 5: Payment terms
Invoices are payable: by credit card via the website.
Unless expressly agreed otherwise, payment is due in full at the time of ordering.
Clause No. 6: Late payment
In the event of total or partial non-payment for goods delivered on the date of receipt, the buyer must pay EARL DOMAINE BORGNAT a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the day of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Order No. 2014-947 of August 20, 2014).
This penalty is calculated on the total amount including tax remaining due and runs from the due date of the (to be defined) price without any prior formal notice being necessary.
In addition to late payment penalties, any amount, including the deposit, not paid on its due date shall automatically give rise to the payment of a fixed compensation of €40 for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause No. 7: Termination clause
If, within fifteen days of the implementation of the “Late payment” clause, the buyer has not paid the outstanding amounts, the sale will be terminated automatically and may give rise to the award of damages to EARL DOMAINE BORGNAT.
Clause No. 8: Retention of Title Clause
EARL DOMAINE BORGNAT retains ownership of the goods sold until full payment of the price, including principal and incidental costs. As such, if the buyer is subject to receivership or judicial liquidation, EARL DOMAINE BORGNAT reserves the right to claim, within the framework of the collective proceedings, the
goods sold and remaining unpaid.
Clause No. 9: Delivery
Delivery is always at the buyer's expense and is carried out:
- either by sending a collection note to collect the goods ordered directly from the estate's cellar at 1 rue de l'église 89290 Escolives st Camille.
- or to the location indicated by the buyer on the order form, in which case delivery will be made by a carrier selected by EARL DOMAINE BORGNAT.
The delivery time indicated when the order is placed is for information purposes only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:
- the award of damages;
- the cancellation of the order.
The risk of transport is borne entirely by the buyer. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations
on the order form upon receipt of the goods. These reservations must also be confirmed in writing within five days of delivery, by registered letter with acknowledgment of receipt, to the carrier who made the delivery.
Clause No. 10: Force majeure
EARL DOMAINE BORGNAT cannot be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure refers to any external, unforeseeable, and unavoidable event within the meaning of Article 1148 of the Civil Code.
Clause No. 11: Competent court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.
In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of AUXERRE (89)
Clause No. 12: Applicable law and jurisdiction
These general terms and conditions of sale are subject to French law, excluding the provisions of the Vienna Convention. With regard to sales between professionals, the courts of the registered office of EARL Domaine Borgnat shall have sole jurisdiction for any dispute arising from the application of these terms and conditions. With regard to sales between individuals, the directives and regulations of the European Union, in particular the Brussels Convention, shall apply.
Clause No. 13: Legal information
Pursuant to Order No. 59-107 of January 7, 1959, which stipulates the prohibition of the sale of alcohol to minors under the age of sixteen, and Law No. 74-631 of July 5, 1974, the customer undertakes, by completing the order form, to be at least eighteen (18) years of age on the date of the order. Alcohol abuse is dangerous for your health. Please consume and enjoy it in moderation. Data Protection Act: Pursuant to Article 27 of Law No. 78-17 of January 6, 1978, customers may exercise their right to access and rectify any personal data provided to the Borgnat estate. In order to meet customer needs and ensure optimal remote service, we are required to record certain personal data (last name, first name, address). This information is intended exclusively for the Borgnat estate.