Terms and conditions of sale

Acceptance of these terms and conditions of sale

The present conditions apply to the sale of products by SAS VEUVE LAFONTAN ET SES ENFANTS on French territory via the https://www.armagnac-veuve-lafontan.com/en/ website. They are made available to the buyer when the order form is sent. Consequently, placing an order implies the buyer's full and unreserved acceptance of these "General Terms and Conditions of Sale". The fact that SAS VEUVE LAFONTAN ET SES ENFANTS does not avail itself at a given time of any of the provisions hereof shall not be construed as a waiver of its right to avail itself at a later date of any of the said conditions.

Legal information

Company name : SAS VEUVE LAFONTAN ET SES ENFANTS
Registered office : LIEU DIT CAP BLANC 32150 CAZAUBON
Phone number: 05 62 69 77 10
Fax: 05 62 69 58 66
RCS registration no.: RCS.MONT DE MARSAN CE 00937
VAT no.: FR8650875671500019
Legal representative: MME Beatrice MANDON

Protection of minors

In accordance with article L. 3342-1 of the French Public Health Code, which stipulates that the sale of alcohol to minors under the age of eighteen (18) is prohibited, the purchaser undertakes, by completing the order form, to be at least sixteen (16) years old on the date of the order.

Alcohol abuse

Alcohol abuse is dangerous to your health. Please consume and enjoy in moderation.

Prices

All prices are fixed from the seller's factory, including French VAT (20%) and packaging.

Shipping costs, method and time of delivery

All deliveries are made within 15 working days to the destination agreed on the order form. Deliveries are made according to stock availability and on a first-come, first-served basis. SAS VEUVE LAFONTAN ET SES ENFANTS is authorized to make full or partial deliveries. Deliveries are made either by direct handover of the product to the customer against signature of the delivery note by the latter, or by simple notice of availability, or by delivery to a shipper or carrier at the customer's warehouses. The Customer is obliged to take all necessary steps to ensure that the delivery is carried out correctly. In this respect, he/she is required to provide all the information necessary for delivery (exact address, door code, etc.). Failing this, SAS VEUVE LAFONTAN ET SES ENFANTS will not be held responsible for any failure to deliver. In the event of non-delivery, the products will be returned to the warehouse and the Customer must contact the Transport Department by calling +33 (0) 5 62 60 64 79 to find out about the steps to be taken to collect the order.

Delivery times

The delivery times indicated are average times and correspond to order processing and delivery times. Exceeding delivery times may not give rise to damages, deductions or cancellation of orders in progress. However, if 15 days after the indicative delivery date, the product has not been delivered, for any reason other than force majeure as defined below, the sale may be cancelled at the request of either party. The Customer may obtain restitution of his payment, to the exclusion of any other indemnity or damages. In any event, on-time delivery is only possible if the Customer's obligations to SAS VEUVE LAFONTAN ET SES ENFANTS are up to date.

Risks

Delivery is made by a carrier or service provider chosen by SAS CLUB DES MARQUES. The transfer of risks on the products takes place as soon as they are dispatched from the warehouses. It follows that the products travel at the risk of the recipient, who is responsible for checking the contents of the packages at the time of delivery and for making any claims within 48 hours of signing the delivery note, with a copy of the reservations made to the carrier. Late claims will not be taken into account and the customer will be held fully responsible.

Responsibility and conformity of goods

The buyer is obliged to inspect the goods delivered immediately upon receipt. He must proceed according to recognized technical rules. He loses his right to complain of non-compliance with the terms of the contract if, on the date he inspects the goods or should have done so, he does not immediately give detailed written notice of any defects found. In agreement with the seller, the buyer is obliged to keep all supporting documents.

Handling and storage

The burden of proof for proper stock management, including maintenance, proper handling and storage of the goods in a cool place, rests with the buyer.

Payment

Payment for goods is to be made in the form of a deposit attached to the order form, and for the balance within one week of delivery, either by cheque made payable to SAS VEUVE LAFONTAN ET SES ENFANTS, or by transfer to our bank account with the following references:

CREDIT AGRICOLE AQUITAINE CODE BANQUE 13306 CODE GUICHET 00918 N° COMPTE 00051814334 CLE 26 IBAN FR76 1330 6009 1800 0518 1433 426

ADDRESS SWIFT (BIC) AGRIFRPP833 ARMAGNAC VEUVE LAFONTAN ET SES ENFANTS

Any sum not paid by the due date shall automatically and without formal notice give rise to late payment interest at the legal interest rate plus 50%. In the event of collection by means of litigation, this will give rise to a fixed indemnity amounting to 15% of the amount of the order, without prejudice to late payment interest and damages. The seller may offer special customization orders against payment of design and development costs. For orders made to the purchaser's specifications, 40% of the contract price will be payable by the seller, at the latest 4 weeks before production.

Reservation of title

All delivered goods remain the property of the seller until all claims arising from the business relationship have been settled, insofar as retention of title is applicable to the contract under the applicable law. The purchaser shall, at his own expense, insure the goods delivered against theft, fire, water damage and other risks for the period from receipt of the goods until full payment of the purchase price.

Right of withdrawal

There is no right of withdrawal for this order, which is the subject of a specific agreement between the two parties. Acceptance of the order form and conditions of sale constitutes acceptance of the products and their packaging as presented in our offices, with no possibility of return. Special orders cannot be returned.

Replacement delivery

If the delivery does not correspond to the terms of the contract, the seller will have the option, even in the event of a serious breach of the terms of the contract, to replace the defective delivery within 4 weeks of formal notice by the purchaser. The purchaser is obliged, insofar as is possible and reasonable, to support the replacement on invoice, in accordance with the seller's instructions. The buyer is obliged to send the goods to the seller for replacement, if requested.

Termination of contract

In the event of non-payment by the customer on the agreed due date, and one month after formal notice has been served without result, the sale will be cancelled by operation of law at the seller's discretion, with the return of any advance payments made by the purchaser, and the possibility for the seller to request, in summary proceedings, the return of any products already delivered, without prejudice to other damages. In the event of collection by means of litigation, this will give rise to a fixed indemnity amounting to 15% of the amount of the order.

Force majeure

The parties shall not be liable for failure to perform an obligation when such failure is due to an unforeseeable and insurmountable impediment or to one of the following reasons: fire, natural disaster, war, requisition, export ban, embargo, or any other administrative measures, rationing of raw materials, rationing of energy, industrial disputes, or if the non-performance results from one of the subcontractors falling under one of these criteria. Either party may expressly terminate the contract if performance is impossible for a period of more than 6 months.

Limitation period

The buyer's claims arising from improper performance of the contract are time-barred after a period of 12 months from the transfer of risk. The seller may only be held liable for non-application of the terms of the contract during the above-mentioned period. The legal statute of limitations arising from intentional or fraudulent conduct or from a claim under product liability law remains unaffected.

Applicable law and jurisdiction

These GTC are subject to French law, to the exclusion of the provisions of the Vienna Convention. For sales between professionals, the courts of the registered office of SAS VEUVE LAFONTAN ET SES ENFANTS de Cazaubon (32, France) shall have exclusive jurisdiction for any dispute arising from the application of these terms and conditions.

SAS VEUVE LAFONTAN ET SES ENFANTS with a capital of 346 197,00 EUROS
RCS.MONT DE MARSAN CE 00937
VAT no.: FR8650875671500019
Registered office: LIEU DIT CAP BLANC 32150 CAZAUBON
Telephone: 05 62 69 77 10
Fax: 05 62 69 58 66