General Sales Conditions
Article 1: Scope of Application
The present conditions are effective as of January 1st, 2019. They are addressed and delivered to every customer wishing to order a product. All our sales are regulated by the present General Sales Conditions and they prevail over any purchasing conditions. The seller reserves the right not to meet every demand derogating from these conditions.
In the absence of special stipulations agreed upon in writing between both parties, all orders placed on this website are subject to the present General Sales Conditions that prevail over any other document, such as flyers, magazines or emailing issued by the seller, that are only illustrative.
Any use of the website and/or order placement implies that the customer has previously consulted and agreed to the entirety of the present General Sales Conditions.
Champagne Bourcier reserves the right to adapt or change the present General Sales Conditions at any time. In the event of modifications, the General Sales Conditions in vigor at the time of the order will be applied to each order.
Article 1.1: Protection of Minors
In conformity with the article 3342-1 of the Public Health Code, the sale of alcoholic beverages to minors is prohibited. The customer declares and commits to being over 18 years of age at the time of the order.
Article 1.2: Health Warning
Alcohol abuse is dangerous for your health, please drink in moderation.
Article 1.3: Visuals
The pictures published onto the website are provided by way of illustration and without any contractual value. We invite you to refer to the description of each product in order to find out the specific characteristics.
Article 1.4: File Protection and Intellectual Property
In accordance with the provisions of law n°98-536 from July 1st, 1998 transposing directive 96/9/CE from March 11th 1996 in the matter of data bases legal protection, Champagne Bourcier is producer and owner of all or part of the data bases making up the present site. In addition, all content appearing on the website (texts, images, photos, graphic designs, logos, and icons) are protected by copyright. Any use or reproduction, even partial, of the website or its content is strictly prohibited, unless authorized by the author. The brand Champagne Bourcier is moreover a registered trademark at the INPI (National Institute of Industrial Property).
Article 2: Order
Every order must be placed through the online shop. They will be taken into account after they are finalized and paid for. Orders mention: the designation of the ordered products, the quantity, the eventual references, the agreed price, the payment terms, the place and date of delivery.
We reserve the right to reduce any order in case of stock shortage or of a necessary quota restriction, after notifying the buyer in writing, without any right of compensation of any kind. We reserve the right to change the offers as well, after notifying the buyer in writing. The seller will be able to make their acceptance of the order conditional on the application of particular payment terms and/or to one or several guarantees. If the buyer is not up to date with any of the obligations, we reserve the right to refuse the sale.
All sales are made on a unit basis, with a possibility of combination in boxes of 6 bottles. It should be noted that only orders in metropolitan France are possible.
Article 3: Price
The applicable prices are in force on the day of the order placement, and appear in the shop tab. All our prices include GST (VAT 20%) and are to be understood in euro. Prices on the online products include the delivery fees. These are valid from January 1st to December 31st, 2021 included. Unless agreed between both parties, the payment is done when the order is placed. No discount will be granted in case of anticipated payment.
In accordance with legal provisions, any payment occurring after the pay date appearing on the invoice will result in the buyer paying late charges that amount to three times the legal rate interest. These penalties are enforceable without the need of a reminder. Furthermore, the entirety of the collection costs will be at the expense of the buyer.
Article 3.1: Offers
All our available wine offers are valid while stocks last, apart from discounts, special offers and gifts. For special offers, it is necessary to refer to the conditions appearing on the offer, while stocks last.
We reserve the right to apply restrictions on the available quantity of our rare products, or even to refuse or cancel an order clearly abnormal in character.
Our offers are exclusively available for private consumers, and under no circumstance for importers or distributors. Orders are confirmed when the invoice is sent but they are final only after the full payment of the price for the goods is received.
Article 4: Retention of Title
The seller maintains ownership of the sold goods until full payment of the order price. However, once delivered, the risks of loss or damage are transferred to the buyer.
Article 5: Payment
Product delivery initiates an invoice established whenever the customer asks, either online or directly with the company. Invoices are payable as soon as the order is completed, by credit card such as Carte Bleue, Visa, Eurocard Mastercard, or American Express on our online shop. The price is due net and without discount upon delivery.
An invoice will be edited, mentioning the date on which the order was placed as well as its tracking number. Payments are to be made onto the online platform.
No extension of due date can be granted without a prior consent on our part.
Finally, any failure to pay will rightfully result in the loss of any payment term, every invoice becoming payable without discount upon delivery. The buyer refrains from using a complaint against the seller to delay payment off an installment, fully or partially, or to seek compensation. The buyer refrains from making payment clearing with any amount of money potentially due by the seller, a payment clearing being considered as a failure to pay, with all the consequences that entails for the buyer.
Article 5.1: Late Payment
Any amount that was not paid on time will automatically and rightfully give rise to a penalty at the legal rate of interest in force, without any prior formal notice. In the event of a recovery through litigation, the settlement of an inclusive payment of 15% of the amount of the order, without loss of the interest for delayed payment and damage, will be required.
Article 6: Delivery
Delivery is carried out by our care to the place indicated by the buyer on the purchase order. Our deliveries are carried out within a maximum of 15 working days upon receipt of the full payment of the final invoice.
As a reminder, our products travel at the risks and expenses of the buyer. The seller cannot therefore be held accountable in case of damage, loss, theft or compromised package. As a result, we recommend the customer to check the packages as soon as they arrive. The buyer will have to notify any reserve to the carrier, by registered letter, in the 3 working days following the receipt of the merchandise, to the following address: CHAMPAGNE BOURCIER, 9 CHEMIN DES IMBLINES, 51300 COUVROT FRANCE.
In case of force majeure and/or impossibility of manufacturing or delivering the products in the usual conditions, the delivery time will be postponed without the buyer being able to demand any damages, penalty or compensation. However, we will have to inform you in writing as soon as we hold information of the delay.
Delivery is done with standard packaging, appropriate to transporting conditions. If the customer wishes a delivery with special packaging, this packaging’s costs will be at their expense.
Article 7: Right of Withdrawal
You have the right to withdraw from the present contract without giving any reason in a 14-day period. The withdrawal period expires 14 days after the day you yourself or a third party other than the carrier and appointed by you, takes physically possession of the merchandise. The customer can also, upon their explicit and written request, exercise their right of withdrawal upon the conclusion of the contract. If it is a contract including several goods ordered with a single purchase order and if these goods are delivered separately, the withdrawal period expires 14 days after the day you yourself or a third party other than the carrier and appointed by you, takes physically possession of the last good.
To exercise the right to withdrawal, you have to notify us of your decision to withdraw from the present contract in an unambiguous declaration (for instance through a letter sent by mail or email) to the following contact details: CHAMPAGNE BOURCIER, 9 CHEMIN DES IMBLINES, 51300 COUVROT France. Email: firstname.lastname@example.org
For the withdrawal period to be respected, you need to forward your communication concerning the exercise of the right of withdrawal before the withdrawal period expires. By way of exception, these dispositions will not apply if you have ordered customized products or asked for a specific feature in the order (special sizes, customized packaging…).
In the event of withdrawal on your part from this present contract, we will refund every payment received from you, including delivery fees (except additional fees for a more expensive delivery method that you may have chosen, other than the cheapest and standard delivery method that we offer) without undue delay and, in any case, within 14 days after the day we are informed of your decision to withdraw from the present contract. We will proceed to the refund using the same payment method you used for the initial transaction, except if you explicitly mention a different means; at any rate, the chosen payment method will not give rise to any additional charges for you. We can delay the refund until we have received the good or until you have provided us with a proof of shipment of the good, the selected date being that of the former fact.
You will have to return or send back the good to the address appearing on the header of your Champagne Bourcier invoice without undue delay and, in any case, within 14 days after you informed us of your decision to withdraw from the present contract. This period is considered respected if you send the good before the 14-day delay expires.
You will have to take charge of the direct costs of returning of the good. The customer is only liable with regard to the devaluation of the merchandise resulting in handling other than that necessary to establish the nature, characteristics and the proper functioning of these goods. Pursuant to the exception as stipulated by point 7 of the article L. 121-21-8 of the Consumer Code (Supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value when the contract was concluded depends on the fluctuations on the market outside the control of the professional), the right of withdrawal is excluded from the contracts pertaining to sales of “vins en primeurs”.
Article 7.1: Substitution of product
In the event of stock shortage of the ordered products, Champagne Bourcier will be able to offer the customer to replace them, with their consent, with a similar wine.
Article 8: Litigations
Our sales are subject to French legislation. Jurisdiction is explicitly assigned to the High Court of the seller’s domicile:
Article L 441-6 of the Commercial Code
Article 1583 of the Civil Code
Article L 624-16 of the Commercial Code
Article L 721-3 of the Commercial Code
Article L 48 of the Code of Civil Procedure