General terms and conditions of sale
1. Offers – Orders
We reserve the right to make non-substantial modifications to our offers as part of the manufacturing and packaging processes of our products.
Any order placed orally, by telephone or other means, must be confirmed in writing. Orders must specify: the exact description and specifications of the requested products, quantity, any relevant references, agreed price, payment terms, delivery location and date if different from the billing address.
Orders are only binding upon us if confirmed by us in writing, or if no express reservations have been made by us within 48 hours of receipt.
Acceptance of an order is subject in particular to the absence of any abnormal request and to the purchaser’s compliance with any credit limits set by our company. We may also make acceptance of the order conditional on specific payment terms and/or one or more guarantees (such as surety, first demand guarantee, etc.), especially for new clients or in the case of previous payment issues. We may refuse an order or suspend its execution if the buyer is not up to date with any of their obligations to us.
Any additions or modifications to the order shall only be binding after written acceptance by us, and only if the requested changes are technically feasible. Specific standards no longer routinely used by us will require prior testing, which will be invoiced.
2. Deliveries
Our goods are sold ex-works or delivered free of charge, depending on agreements made with clients and possibly reiterated in our order confirmations. In all cases, our responsibility ends once the goods leave our warehouse. The buyer therefore agrees to take out insurance covering the risks of loss, destruction, or theft of the goods.
For free deliveries, we reserve the right to choose the mode of transport—usually delivery by truck. We are entitled to deliver goods either in full or in partial shipments. If the client arranges their own transportation, they must ensure the truck is perfectly clean (especially free of any odors that could affect the product), that its temperature is between 8°C and 18°C, and that there is no excessive humidity.
Delivery times are indicative and approximate. For special orders, delivery timelines may depend on receiving all the necessary technical documentation and the full supply of raw materials.
Failure to meet the delivery date due to causes beyond our control shall not result in any compensation.
As goods are shipped at the buyer’s risk, the buyer must check them upon arrival and make any necessary claims with the carrier. They must also pursue any recourse against the carrier in accordance with Article L133-3 of the French Commercial Code.
Except under warranty conditions specified in sections 9 and 10, no goods may be returned without our prior agreement.
In cases of force majeure and/or the inability to manufacture or deliver products under usual conditions (including natural disasters or other exceptional events), delivery deadlines shall be postponed with no compensation claimable.
3. Packaging
Our shipments are made with packaging appropriate for transport conditions to ensure effective protection of our goods. This packaging is not invoiced. If the client requires specific packaging, the additional cost will be borne by the client.
4. Prices – Indexation
Prices and information listed in catalogues, brochures, and price lists are given for guidance only and are valid at the time of issue.
Unless otherwise agreed, billing is based on the price list in effect on the order date. Our prices are typically valid for one year and apply to deliveries made within a maximum of 3 months from receipt of the order.
In the event of a significant change in the cost of raw materials needed for production, we reserve the right to adjust our prices accordingly. We will give prior notice in line with commercial practice, by registered letter with acknowledgement of receipt.
In accordance with EU VAT rules for online sales to individuals, bottle prices adjust based on the invoicing country and include the applicable VAT rate. In contrast, wine tourism services carried out at the Domaine in France are subject to the French VAT rate.
5. Payment
For private individuals, invoices are payable upon receipt. In other cases, and unless otherwise agreed, invoices are payable within 60 days of the invoice date by cheque, accepted draft, or bank transfer. Any costs related to draft extensions shall be borne by the client. Non-payment of invoices will result in the suspension of current orders.
A discount for early payment may be granted to the buyer, at the rate and under the conditions stated in the product price list. The invoice specifies the payment due date. Payments must be made to the seller’s registered address.
If we receive negative financial information about the client, if the client is new, or if there have been prior payment issues, we may require full prepayment before dispatching the goods.
Any delay in payment will result in penalties at a rate of 1.5% per month of delay, and not less than three times the legal interest rate. Unpaid invoices will be referred to our collection service, with fees automatically added to the outstanding amounts.
In all cases, a 15% surcharge, with a minimum of €75, will apply to cover collection costs. The buyer may not use any claim against the seller as justification to delay or offset payments. Offsetting is not permitted under any circumstances.
6. Retention of Title
We retain ownership of the goods sold until full payment of the principal and all ancillary amounts has been received. Non-payment of any portion of the price may result in the goods being reclaimed.
These provisions do not prevent the transfer of risk to the buyer upon delivery of the goods.
The buyer agrees to take all necessary measures to ensure that the goods can be identified, notably by not removing packaging or labels and by not mixing them with other similar products from another origin. The buyer is expressly prohibited from pledging the goods or using them as collateral before full payment has been made.
In the event of seizure or any third-party intervention on the goods, the buyer must notify us immediately.
7. Intellectual and Industrial Property
All documentation provided to the client remains our exclusive property and must be returned upon request. We retain all intellectual property rights over this documentation, and it may not be used, copied, reproduced, transmitted, or disclosed to third parties without our prior written authorization.
The same applies to any trademarks, logos, images, or product visuals.
8. Contract Termination
If the buyer fails to meet any of their obligations and does not remedy the breach within eight days of receiving formal notice, the sale shall be terminated automatically and without judicial formality. This termination may extend to other pending orders.
We may retain any advance payments made and demand the return of goods already delivered, without prejudice to any other damages and interest. In such cases, the buyer must return the goods at their own expense and risk.
9. Complaints – Warranty
Complaints regarding visible defects or non-conformities must be made in writing within 48 hours of receipt of the goods. The buyer must provide proof of the defect or anomaly. They must allow us to verify and, if necessary, remedy the defect.
If the goods are found to be defective or non-compliant, our liability is strictly limited to replacement of the affected goods or reimbursement of the price paid, excluding any other compensation.
Complaints do not suspend payment obligations.
10. Liability
Our liability is strictly limited to the obligations expressly stated in these terms. We are not liable for any indirect damage, loss of profit, loss of production, or other financial loss suffered by the buyer.
In all cases, our liability shall not exceed the amount of the order in question.
We shall not be held liable in cases of force majeure or events beyond our control.
11. Confidentiality
All documents, data, and information exchanged between the parties and all commercial and technical information relating to the products or the seller are strictly confidential.
The buyer agrees not to disclose them, directly or indirectly, to any third party and to ensure the same level of confidentiality among their own staff.
12. Personal Data Protection
The seller complies with the applicable regulations regarding the protection of personal data, including the European General Data Protection Regulation (GDPR).
Personal data collected from clients is used solely for commercial and administrative management purposes. Clients have the right to access, rectify, object to, and delete their personal data.
These rights can be exercised by contacting the seller by post or email at contact@champagnejulienchopin.fr.
13. Applicable Law – Jurisdiction
These general terms and the contracts to which they apply are governed by French law.
In the event of a dispute regarding the interpretation or execution of these terms, and if no amicable solution can be found, exclusive jurisdiction is granted to the competent courts within the jurisdiction of the seller’s registered office—even in the event of multiple defendants or introduction of third parties.