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GENERAL CONDITIONS OF SALE

A. GENERAL PROVISIONS

B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED

ARTICLE 1 : ACCEPTANCE OF THESE PRESENT GENERAL CONDITIONS

ARTICLE 2 : CONFIRMATION OF ORDER AND CONCLUDING THE CONTRACT


ARTICLE 3 : GENERAL OBLIGATIONS OF THE PARTIES


ARTICLE 4 : SPECIFIC PROVISIONS

C. INVALIDITY - FORCE MAJEURE  - APPLICABLE LAW – COURT JURISDICTION

D. LEGAL INFORMATION

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A. GENERAL PROVISIONS

The web site http://www.emile-beyer.fr (the "Site") was designed by SARL Emile BEYER, as the owner and proprietor of all rights pertaining thereto. Except for the prior and express authorisation of the SARL Emile BEYER, it is prohibited to copy or download all or part of the Site or any of its content. The SARL Emile BEYER however authorises the creation of hypertext links to the Site.

B. PROVISIONS APPLICABLE TO ORDERS PLACED AND CONTRACTS CONCLUDED


ARTICLE 1 : ACCEPTANCE OF THESE PRESENT GENERAL CONDITIONS



The fact of a user completing the order form appearing on the Site and confirming the order (clicking on the "Place order" button provided to this effect), entails full and entire acceptance of these present General Conditions, which are alone applicable to the contract thus concluded.

ARTICLE 2: CONFIRMATION OF ORDER AND CONCLUDING THE CONTRACT


The Site contains at all times a commercial offer of products for sale, which is not considered to be a permanent offer in the legal sense. Therefore, as explained below, the conclusion of a contract shall only intervene upon confirmation of the order by SARL Emile BEYER. Following validation of payment, in accordance with article 3 of these present General Conditions, the order is deemed to have been accepted by SARL Emile BEYER. The SARL Emile BEYER  shall then confirm acceptance of the order to the user by email. This confirmation, or, as appropriate, refusal to accept an order shall be sent to the user at the latest 48 hours (working hours) following receipt of an order. The SARL Emile BEYER also reserves the option not to register a payment and thus not to confirm an order for any reason whatsoever, pertaining in particular to a problem of product supply, a problem relating to the order received, or a foreseeable problem concerning the delivery to be made.

ARTICLE 3: GENERAL OBLIGATIONS OF THE PARTIES


3.1 Obligations of SARL Emile BEYER



SARL Emile BEYER undertakes, in the case of acceptance of an order, to sell and have delivered to the user the wines ordered by the latter. In this respect the SARL Emile BEYER undertakes to submit the products to the carrier appointed by SARL Emile BEYER. SARL Emile BEYER has concluded a contract with this carrier by virtue of which the latter undertakes to deliver the products to the address indicated by the client.



3.2. Obligations of the user



The Client undertakes to communicate to SARL Emile BEYER, an address to which delivery can be made during normal working hours. The Client undertakes to pay the specified price for the supply by SARL Emile BEYER (price of the products and transport). The Client vouches for the personal acceptance of these General Conditions on behalf of the recipient of the delivery (who shall for these purposes be assimilated to the concept of "Client").




ARTICLE 4: SPECIFIC PROVISIONS

4.1. Price



The overall price indicated in the confirmation by SARL Emile BEYER is the definitive price. This price includes the price of the products, the costs of handling, packaging and transport. The price is expressed in Euros.

4.2. Payment, invoice



Payment for the products is by bank card. Debiting of the Client’s bank card shall be in Euros when the order is accepted by SARL Emile BEYER. An invoice may be drawn up by SARL Emile BEYER, when specifically requested by the Client who must indicate the address to which the invoice is to be sent.



4.3. Order

The order, depending on available stocks, must conform strictly to the offer and in particular to the quantities offered.

4.4. Transport – Delivery – Delivery times



The products are delivered to the delivery address indicated in the order, by SARL Emile BEYER once your payment has been confirmed.

The delivery lead times given by SARL Emile BEYER to the Client shall vary according to the place of delivery.

In the case of the absence of the recipient or of an individual who can take possession of the products when delivered, the carrier shall leave a transit advice note at the delivery address indicated by the Client. 



4.5. Transfer of risks



The transfer of products shall take place when the products are delivered by SARL Emile BEYER to the carrier. Thus, the products are carried at the risks of the Client.



4.6. Reserves upon receipt of the products – Limited instances of reimbursement / replacement

The Client may issue reserves upon delivery of the products only in the case of a delivery that does not confirm to the order in terms of quantity, or in the case where the package containing the products is significantly damaged. These reserves must be expressed in writing on the carrier’s comments slip at the time of the delivery. A copy of these reserves must be sent to SARL Emile BEYER (by post to 7, Place du Château, 68420 Eguisheim, or by email to info@emile-beyer.fr or by fax to 03 89 41 40 45) at the latest 12 hours after these reserves have been made.

If the above procedure is not adhered to, and if it proves that the reserves arise from the fact that the packaging and products were seriously damaged, SARL Emile BEYER, at its discretion, shall reimburse to the Client the price paid or shall implement a new delivery of similar products.

If the delivery does not correspond to the order in terms of quantity, SARL Emile BEYER shall only reimburse the difference in price between the products ordered, of course, if the products delivered amount to a price that is lower than the products that were ordered and paid for. No reserve may be submitted in respect of the taste, or appearance of the products.





4.7. Right of withdrawal



In accordance with the current law, the purchaser has the right to a cooling off period of 7 days from receipt of the merchandise. When the purchaser exercises this right, they have the obligation to effect  the return of the merchandise in its original packaging and their own expense and under  their  own responsibility (the bottles having not been opened) to the address of SARL Emile BEYER.

SARL Emile BEYER shall reimburse the purchaser by banker’s cheque within 30 days. Reimbursement shall include the costs of delivery to the Client. The costs of returning the merchandise remain the responsibility of the Client.



4.8. Guarantee - Limitation

The SARL Emile BEYER guarantees that the products are produced in France and that they have been the subject of every necessary care to ensure that they conform to the description that appears on the Site on the date of the order. SARL Emile BEYER also guarantees that the products are of very high quality when handed over to the carrier. This is the only guarantee made by SARL Emile BEYER.  No other express or tacit guarantee is given. In particular, SARL Emile BEYER cannot guarantee that the products meet the specific expectations of the Client.





4.9. Responsibility - Limitation of responsibility

The Client is solely responsible for the choice of products, for their conservation from the time of delivery and for their use. In this respect, the attention of the Client is drawn to the fact that they should not consume the products if it appears that the products have deteriorated (due to the heat, problems during transport or for any other reason). In no case may the SARL Emile BEYER be held responsible for any damage arising for this reason. The SARL Emile BEYER is responsible for adhering to French regulations relating to the products. In any case, regardless of the ultimate reason for calling into question the responsibility of SARL Emile BEYER, the responsibility of  SARL Emile BEYER is limited to whichever is the lower of the following two sums:
  • (I) the total amount of the direct prejudice suffered by the Client, or
  • (II) price of the order.





4.10. Data confidentiality

In order to respond to you needs and to provide an optimum ordering service, we need to record certain details that concern you (surname, forename, address, email address).

By application of the data and liberty law of 6 January 1978, you have the right to access and correct stored data.

You can also have your data corrected by contacting SARL Emile BEYER, 7 Place du Château, 68420 Eguisheim.



C. INVALIDITY - FORCE MAJEURE  - APPLICABLE LAW – COURT JURISDICTION


If any of the present General Conditions have been declared inapplicable or have been invalidated for whatever reason, this invalidity or inapplicability shall not affect the application or validity of the other provisions of the General Conditions, and the provision that has been invalidated or that is deemed inapplicable shall then be replaced by the closest possible provision. Neither SARL Emile BEYER, or the Client may be held responsible for any non-execution that may have its origin in an instance of force majeure, falling outside its control, including, in particular, non-exclusively, the case of an interruption in transportation, an import or export problem, strikes, storms, or floods.

These present General Conditions are governed exclusively by French law. The courts of Colmar shall alone have jurisdiction for any dispute or disagreement arising from them.

D. LEGAL INFORMATION



Protection of minors: in accordance with Article L. 3342-1 of the Law of Public Health which provides that the sale of alcohol to minors aged under eighteen (18) years is prohibited, you warrant, by completing the order form, that you are aged over eighteen (18) years on the date of the order.

Abuse of alcohol: the abuse of alcohol is dangerous for your health. To be consumed in moderation.