1 – DEFINITIONS

The co-contracting parties – purchasers – of the Vineyard shall be referred to as ‘The Customer’.
The Wine Estate – seller – will be referred to as ‘The Estate’.

2 – SCOPE OF APPLICATION OF THE GCVS

These general terms and conditions are binding on the parties as soon as any contract binding Château Belingard SCEA to each of its customers is formed and apply to all of its activities and especially to all of its wines and associated products.
Unless otherwise stipulated, in the form of special conditions, they take precedence over all other general conditions of sale or purchase and, in general, over all other contractual and commercial provisions and inter-professional agreements.
They remain applicable even if one of the parties does not invoke them at a given time.
French law will apply.
The contractual relationship is formed by the subscription of an order form given by the Customer to Château Belingard SCEA and the acceptance of the latter by the latter, even if the sale is made through any intermediary whatsoever (agent, importer, broker, trader, etc.).
Château Belingard SCEA reserves the right to apply restrictions to certain products ordered or even to refuse to accept an order requested by a customer.
The Customer expressly waives the benefit of article 1587 of the French Civil Code, which makes the definitive conclusion of the order conditional upon the tasting and approval of the purchaser.
As an exception to the other methods of sale, the consumer has a 14-day cooling-off period in the event of an internet or telephone purchase. In this case, the sale is automatically cancelled and the products ordered are immediately returned in full to Château Belingard SCEA at the customer’s expense, as is the price to the customer, including delivery costs.
The order form sets out all the elements of the contractual relationship and determines in particular the nature of the wines ordered, the choice of containers, the vintages chosen, the quantities required, the prices charged, the various transport costs and the total amount to be invoiced.

3 – PRICES

The prices of wines sold by Château Belingard SCEA are made available to anyone who requests them.
All our offers of wines for delivery, accessories, gift cards and training courses are valid while stocks last, excluding promotions and special offers.
Prices are quoted in Euros (€) and include all French taxes (French VAT and all other applicable taxes).
Prices are stated by type of container chosen by the customer (bottle, bib, liter, etc.) and depend on the different products marketed and vintages.
Unless otherwise agreed, only the price list in force on the date the order is placed is applicable to relations between Château Belingard SCEA and its customers.
Product prices do not include transport costs, which are invoiced according to the number of bottles and the final weight of the order.
Commercial discounts may be granted depending on the volumes ordered, over a given period or per individual order, and may also take the form of the allocation of free bottles or products.

4 – DELIVERY TIMES FOR WINES ORDERED AND DELIVERED

Only the delivery times mentioned on the order form are taken into account.
Delivery times begin to run from the date of acceptance of the order by Château Belingard SCEA, which may be conditional upon receipt of all or part of the price or any document that may be necessary for the execution of the order.
The lead times indicated by Château Belingard SCEA are purely indicative – unless the parties have made them an imperative contractual term – and may under no circumstances be invoked against the latter in order to serve as a basis for any claim for compensation in the event of late delivery.
Deadlines are suspended if THE CUSTOMER does not fulfil the obligations to which he/she is contractually bound with regard to Château Belingard SCEA.
In general, Château Belingard SCEA declines all responsibility for any delays in delivery which may occur and which are not its fault.
Any modification or cancellation of an order requested by the customer can only be taken into consideration with the agreement of Château Belingard SCEA and on condition that it is received in writing by Château Belingard SCEA before the shipment of the wines.
If Château Belingard SCEA does not accept the request for cancellation or modification, the deposits paid may only be refunded by issuing a credit note for the value of the goods, which may be used within a period of sixty days from the date on which the credit note is issued. After this period, the credit note is definitively lost.
Goods are always transported at the customer’s risk, whatever the conditions of sale, pricing, mode of transport, dispatch and delivery, and whether or not the shipment is carriage paid.
Upon delivery, any item that is missing, non-conforming or has an apparent defect must be noted on the delivery note in order to preserve the customer’s recourse against the carrier and the CUSTOMER must inform Château Belingard SCEA in writing within 48 hours of the date of delivery in order to allow the latter to take part in the complaint.
In the event of a damaged parcel, the customer must refuse it. Any statement by the customer such as ‘subject to unpacking’ or any other statement with the same meaning is null and void.
If these terms and conditions are not complied with, the entire delivery will be irrefutably presumed to comply with the order and to be free from any apparent defect.
Any dispute as to the conformity of the products or their defective nature can only lead to a temporary suspension of payment, which must imperatively be limited to the precise amount invoiced, and the balance of the total invoice must imperatively be paid on the due date.
Deliveries are made without guarantee against frost and climatic variations, even significant ones.

Bottles must always be kept horizontal and in a cool place, away from heat and frost.
The good quality of the wines is guaranteed by Château Belingard SCEA, whose responsibility cannot be sought beyond the pure and simple replacement of the goods judged to be defective on departure from the cellars. This defect must be proven by the customer and recorded by Château Belingard SCEA itself.

5 – PAYMENT AND LATE PAYMENT

Unless there is a special agreement, all payments must be made by any means of payment and must be received by the account of Château Belingard SCEA no later than the day before the order is dispatched.
By way of exception, payment on the due date may be agreed between the contracting parties.
In the event of non-payment on the due date of the invoice in full or of the first contractual due date and without prior formal notice, Château Belingard SCEA will have a right of retention on the goods subject to future deliveries and may proceed with the suspension or outright cancellation of orders in progress while demanding payment of all debts due or to become due.
Failure to pay invoices by the due date will automatically and without notice result in the immediate payment of all of the Domaine’s debts to the customer, all business combined.
In the event of non-payment on the due date, the file is automatically forwarded to the credit insurance company.
Any delay in payment will automatically entitle Château Belingard SCEA to a late payment penalty equal to 1.5 times the legal interest rate, calculated from the date on which the invoice is due and payable, without prior notice of default being required.
This late payment penalty will be increased by 2% (i.e. 3.5 times the legal interest rate) from the date of receipt of a registered letter with acknowledgement of receipt serving as formal notice.
Any late payment exceeding 15 days and having been the subject of a formal notice by registered letter with acknowledgement of receipt or extrajudicial document will be subject to an increase of 20%.
The application of this penalty clause is cumulative with default interest and miscellaneous costs.
THE CUSTOMER will be considered to be in default, with all the legal consequences set out below in article 7, if payment is not made within 8 days of receipt of a registered letter with acknowledgement of receipt giving formal notice.

6 – RESERVATION OF OWNERSHIP

The products delivered, wherever they may be, remain the property of Château Belingard SCEA until the order has been paid for in full. The mere submission of a bill of exchange or any other document creating an obligation to pay does not constitute payment.

Once in possession of the products delivered and before full payment of the price, the customer is responsible for them, the transfer of possession entailing that of the risks.
Consequently, the customer formally undertakes to take out insurance covering the risks of loss, theft or destruction of the said products.
In the event of insolvency proceedings against the CUSTOMER, Château Belingard SCEA reserves the right to claim ownership of the products sold in accordance with the legal provisions in force.
Ownership of the products sold shall pass definitively to the purchaser once the price and accessories have been paid in full.

7 – RETURN OF GOODS IN THE EVENT OF NON-PAYMENT

Château Belingard SCEA will be entitled to take back the products sold, wherever they may be and at the CUSTOMER’s expense, in the event of non-payment of the sums due in execution of the contract, eight days after the customer’s default has been noted, and this whatever the cause of the default.
The CUSTOMER undertakes to inform Château Belingard SCEA of any transfer or incorporation of the assets of its business or goodwill, in order to enable the latter to assert its rights in the context of the distribution of the sequestered price.

8 – MAJOR FORCE

The parties agree to treat any event totally beyond their control as a case of force majeure producing the legal effects legally defined by article 1218 of the French Civil Code.
Consequently, each of the parties will be exonerated from its contractual and/or tortious liability when it has been prevented from giving or doing what it was obliged to do as a result of the occurrence of the event described above.

9 – LIABILITY

By express agreement between the parties, no legal action or claim whatsoever by the customer may be brought or made against Château Belingard SCEA more than six months (6 months) after the occurrence of the event giving rise to the claim.
The liability of Château Belingard SCEA may only be incurred in the event of proven fault and solely within the limit of the price of the goods (the bottle(s)) judged to be contradictorily defective between the customer and Château Belingard SCEA and this to the exclusion of any indirect and/or immaterial damage such as, in particular, any financial or commercial loss, resulting from a reduction in or loss of business or results, etc.

10 – CANCELLATION AND TERMINATION

In the event of non-performance of its obligations by either of the parties, and after formal notice has been given by registered letter with acknowledgement of receipt or by extra-judicial act, which has remained unsuccessful for 8 days, the defaulting party may have the contract rescinded or terminated by operation of law by the other party, without the need for an application to the courts.

11- PROTECTION OF MINORS

In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcoholic beverages to minors is prohibited. The Customer declares and undertakes to be over 18 years of age on the date of the order.

12 – HEALTH WARNING

Alcohol abuse is dangerous to health. Consumption should be moderate.

13 – LEGAL INFORMATION

Pursuant to Article 27 of Law No. 78-17 of 6 January 1978, the personal data provided by the customer may give rise to the exercise of the right of access and rectification by Château Belingard SCEA.
In order to meet the needs of customers and to ensure optimum service, Château Belingard SCEA is required to record certain personal data (surname, first name, address). This information is intended exclusively for Château Belingard SCEA. Credit card payments are secured by an SSL-compliant online payment system. In addition, all banking information communicated at the time of on-line purchase is neither stored nor visible on the Internet. Château Belingard SCEA certifies the confidentiality of this data.

14 – PROTECTION OF FILES AND DATA

The personal information collected is intended to provide a better response to requests and to process orders. In accordance with the French Data Protection Act no. 78-17 of 6 January 1978, customers have the right to access, rectify and delete any personal data concerning them that is processed under the responsibility of Château Belingard SCEA. The Customer may exercise this right by contacting the customer service department by e-mail or at the address of the registered office of Château Belingard SCEA.

15 – DISPUTES

Arbitration clause
Any dispute arising from the formation, performance or termination of the contractual relationship between the parties must be submitted to the prior arbitration of a third party (arbitrator, mediator or conciliator) chosen by the parties, in accordance with the procedures defined in this article.
The dispute shall be referred to the arbitrator within three months of the date on which one of the parties became or should have become aware of the existence of a dispute, from date to date, by registered letter with acknowledgement of receipt or by hand-delivered letter against receipt, by the party wishing to submit a dispute relating to the formation, performance or termination of a contract.
Failing this, the parties shall lose all rights of action.
The parties hereby declare the present article to be an arbitration clause, of an imperative nature and rendering inadmissible any legal action which is not preceded by a regular referral to the arbitrator, mediator or conciliator.
Only if the dispute persists will the parties be entitled to submit it to the courts.

Jurisdiction clause
In the absence of an amicable solution to the dispute between the parties, the latter elect exclusive jurisdiction to the courts of the location of the registered office of Château Belingard SCEA.