Terms of service

General Conditions of Sale

Scope

1.1 These General Conditions of Sale apply to all sales of products from the FREREJEAN FRÈRES Champagne house.

1.2 The Buyer acknowledges having read these general conditions of sale before placing an order and having accepted them.

Order

2.1 The Buyer is bound by the order he has placed.

2.2 The products are offered and delivered within the limits of available stocks. In the event of unavailability of an ordered product, the Champagne house FREREJEAN FRÈRES will immediately inform the Buyer and may offer a replacement product of equivalent quality and price. In the event of refusal by the Buyer, the Champagne house FREREJEAN FRÈRES will reimburse the amounts paid within 30 days.

Price

3.1 The applicable prices are those in effect on the date of the order. They are expressed in euros, taking into account the VAT applicable on the date of the order; any variation in the VAT rate may be passed on to the Buyer. Unless otherwise indicated, the prices indicated are net, excluding VAT applicable on the day of the order, excluding delivery and insurance costs. All taxes, customs duties, levies or other costs related to the purchase of the Products will be the responsibility of the Buyer.

Payment

4.1 For professional buyers, payment is due within 30 days from the invoice date, unless otherwise agreed in writing. For consumer buyers, payment is required in full at the time of ordering.

4.2 In the event of late payment, late payment interest will be applied at 1.5 times the French legal interest rate in force on the date of the order, from the first day of delay.

4.3 In the event of non-payment when due, and without prejudice to any other right or recourse, the house of Champagne FREREJEAN FRÈRES may terminate the contract, after formal notice remains unsuccessful for a period of fifteen (15) days.

Delivery

5.1 For sales to a professional buyer, the delivery date is given as an indication. No delay can justify a price reduction, compensation or cancellation of the order by the Buyer. The delivery time is automatically suspended in the event of force majeure or events beyond the reasonable control of the Champagne house FREREJEAN FRÈRES. In any event, delivery of the products is subject to payment by the Buyer of all its obligations towards the Champagne house FREREJEAN FRÈRES. Delivery is deemed to have been made when the Products leave the warehouse, upon receipt by the carrier. The Products are delivered “Ex Works” (EXW ICC 2018). The Champagne house FREREJEAN FRÈRES reserves the right to make partial deliveries; in this case, the Buyer may only withhold payment for the portion corresponding to the missing quantities.

5.2 For sales to consumers, the Products will be delivered to the address indicated by the Buyer within 15 working days from receipt of the order by the Champagne house FREREJEAN FRÈRES. In the event of non-delivery within 7 days after the expiration of this period, and except in cases of force majeure, the Buyer may cancel the contract by registered letter.

5.3 Any loss or damage suffered by the Products must be reported by the Buyer to the carrier by extrajudicial act or registered letter within three days of receipt. Without prejudice to actions against the carrier, the Buyer must report in writing any apparent defect or non-conformity of the Products with the order within 8 days after receipt. It is up to the Buyer to provide proof of apparent or hidden defects. The Buyer must allow the Champagne house FREREJEAN FRÈRES to notice the defects.

Reservation of title clause

The FREREJEAN FRÈRES Champagne house remains the owner of the Products until full payment of their price. However, the risks are transferred to the Buyer upon delivery. In the event of non-payment, the Champagne house FREREJEAN FRÈRES may claim the Products and cancel the sale, as previously indicated. Until full payment, the Buyer undertakes not to resell the Products, except in the normal course of the activity of its establishment, not to pledge them, nor to transfer ownership as security. In the event of resale, the Buyer undertakes to immediately pay the sums due to the Champagne house FREREJEAN FRÈRES.

Warranty

The Products are covered by the French legal guarantee against hidden defects provided for in Article 1641 of the Civil Code and, for consumers, by the legal guarantee of conformity provided for in Articles L 211-4 to L 211-14 of the Consumer Code.

Applicable law and dispute resolution

The sale of the Products is governed by French law, excluding its conflict of law rules. In the event of a dispute concerning these general conditions of sale, the French language prevails. Except for orders placed by consumers, the Commercial Court of Reims (France) has sole jurisdiction to settle any dispute between the Parties relating to the existence, validity, conclusion, execution and/or termination of the sale of the Products.