A – General
Any commercial relationship with our company implies the buyer’s unreserved acceptance of, and complete adherence to these general sales terms and conditions. These terms shall prevail over any other document, and more specifically over any general terms and conditions of purchase, unless otherwise expressly agreed in advance by our company.
B – Sales terms and conditions
An order is considered as any order for our products listed in our price list, and accepted by our company. Once an order is received, it is considered to be binding. However, if our company has valid reasons for suspecting that the customer may have difficulties in making payments at the time of placing the order or afterwards, or that the customer fails to provide adequate guarantees compared to those provided at the time of placing the order, our company may require cash payment or the provision of guarantees as a precondition for accepting the order or for processing it further. In the event of a customer placing an order with us without having paid for any previous orders placed with us, our company may refuse to fulfil the order and deliver the goods concerned, without the customer being able to claim any compensation whatsoever, for whatever reason.
1) Pricing: Each sale is agreed at the price applicable on the date the order is placed
2) Shipping: Our goods, including those sold carriage paid, are shipped at the risk of the recipient, with the transfer of risk on the products sold by our company taking place when the products are handed over to the carrier or when they leave our warehouses. The customer must ensure that any damage or missing items are recorded by the carrier at the time of receiving the goods. Any product that has not been reserved by registered post with acknowledgement of receipt within 3 days of delivery to the carrier, in accordance with Article L. 133-3 of the French Commercial Code, and of which a copy will be sent simultaneously to our company, will be considered to have been accepted by the customer.
3) Delivery time: The delivery time is given as an indication only, and any delay in delivery does not justify cancellation of the order or any claim for damages. Le Champagne Jeeper (LDJ) is exempt from its obligation to deliver in the event of any unforeseen circumstances or force majeure, such as fire, or partial or total strikes.
C – Payment
1) Unless otherwise confirmed by Le Champagne Jeeper (LDJ), orders placed with us are payable within 30 days, by debit or credit card, cheque, bank transfer or banker’s draft. 2) Orders placed on our website are payable by debit card. 3) Any special agreement concerning the terms of payment shall be in accordance with the legislation in force at the time of placing the order. 4) Except in the case of legal compensation, no deduction shall be made from the invoice amount for any reason whatsoever. 5) In the event that a complaint is made upon receiving goods, in particular concerning breakages, the part of the delivery received in good condition and in accordance with the order, shall be paid for at the agreed price in accordance with the payment terms stipulated in the order. 6) Non-payment on the due date shall result in immediate cancellation of any further deliveries and shall also result in the remaining due dates being payable with immediate effect. In addition, the customer shall be obligated to pay Le Champagne Jeeper (LDJ), without any formality being required, a penalty equal to three times the legal interest rate in force on the invoice’s due date, based on the unpaid amount. Any trader who is late in making a payment shall also be automatically liable to the creditor for a minimum indemnity of €40 with no justification, or a supplementary indemnity upon justification.
D – Retention of Ownership
1) Le Champagne Jeeper (LDJ) retains ownership of the goods delivered to the customer until payment in full has been made. Only effectively cashing a cheque, banker’s draft or other form of payment creating an obligation to pay, shall be considered payment within the meaning of this contract. The transfer of ownership of our products is also suspended in the event of payment terms being extended. Any clause to the contrary, in particular in the general terms and conditions of purchase, shall be deemed invalid. 2) The customer shall bear the risk of loss, theft or destruction for any reason whatsoever from the time of delivery until full payment of the goods purchased has been made. In the event of a claim, insurance payments will be retained to cover the amount of the unpaid claim.
E – Jurisdiction clause
The settlement of any commercial dispute that may arise between the customer and Le Champagne Jeeper (LDJ) shall fall within the sole jurisdiction of the Commercial Court of REIMS.