These General Terms and Conditions of Sale apply in their entirety from January 1, 2023, to any sale of wine to a non-professional customer.
Any order addressed to MAUPERIER SAS (hereinafter "MAUPERIER") implies unreserved acceptance of the rates and these General Terms and Conditions of Sale.
No particular conditions may, without formal and written acceptance by MAUPERIER, prevail over these General Terms and Conditions of Sale. All contrary conditions stipulated by the Customer shall therefore, in the absence of express acceptance, be unenforceable against MAUPERIER, regardless of when they may have been brought to its attention.
If any provision of any contract arising from these General Terms and Conditions of Sale is declared null and void by a Court or any other administration or authority, such decision shall in no way affect the validity of the other provisions.
The failure to exercise, at any time, a prerogative recognized by these General Terms and Conditions of Sale, or the failure to require the performance of any stipulation of the agreement arising from said conditions, may not be interpreted as a modification of the contract, nor as an express or tacit waiver of the right to exercise said prerogative in the future, or of the right to require scrupulous performance of the commitments undertaken herein.
When a quote is established by MAUPERIER, it constitutes the particular conditions that modify or supplement the general conditions. In case of an order received from the buyer, it will be considered as definitively accepted by MAUPERIER only after written acceptance on its part. This acceptance shall in this case constitute the particular conditions.
MAUPERIER accepts any order subject to available stock.
The condition, conformity, absence of apparent defect, and number of products must be imperatively verified by the Customer upon their delivery; the costs and risks relating to verification are the Customer's responsibility.
Any complaint, reservation, or dispute must be formulated on the carrier's receipt and confirmed by registered letter, or by electronic mail subject to confirmation of receipt, addressed to MAUPERIER within a period of: • 30 working days from the delivery of products for any defect in conformity of the container, exclusively including cartons, bottles, and labels; • 60 working days from the delivery of products for any defect in the content of the bottles.
The Customer must specify and justify the nature of their complaint, reservation, or dispute, as well as designate the lot number of the products subject to this complaint, reservation, or dispute, as well as their quantity, quality, and price. The Customer must provide any justification regarding the reality of the defects observed. MAUPERIER reserves the right to proceed directly or through an agent to any observation and on-site verification.
Consequently, the Customer is required to preserve the products in question and must grant MAUPERIER or its agent every facility to proceed with the observations and verification mentioned above.
In the absence of compliance with the conditions defined above, reception shall be deemed without reservation and MAUPERIER's liability for non-conformity of products may no longer be called into question.
Hidden defects for which the warranty may be implemented must exist at the time of risk transfer.
The Customer must provide any justification regarding the reality and existence of defects observed prior to risk transfer.
MAUPERIER reserves the right to proceed directly or through an agent to any observation and on-site verification.
The Customer must therefore grant MAUPERIER or its agent every facility to proceed with the observation and verification mentioned above.
Defective products may under no circumstances be subject to either reimbursement or reduction of the sale price.
Defective products will be replaced by identical products or by similar products.
The replacement of products will not give rise to the payment of any compensation to the Customer.
No action for warranty of hidden defects may be initiated by the Customer more than: • 30 working days from the delivery of products for any defect affecting the container; • 60 working days from the delivery of products for any defect affecting the content of the bottles.
It is expressly agreed that after the expiration of this period, the Customer may not invoke the warranty for hidden defects of the products nor oppose it as a counterclaim to defend against an action brought against them by MAUPERIER for non-performance of their obligations under the sales contract.
In the absence of compliance with these conditions, the warranty due for hidden defects of the products may no longer be implemented.
In any case, MAUPERIER cannot assume responsibility under the legal warranty for hidden defects under the conditions defined above unless the Customer has made normal use of the products, has not modified them in any way whatsoever, and has stored and handled them to ensure their maintenance in good condition.
Any return motivated by a defect in conformity or by a hidden defect must be subject to express and prior agreement from MAUPERIER.
In case of acceptance by MAUPERIER, the return shall be made within 30 calendar days following its express agreement.
No product may be returned if it is not in its original packaging or conditioning.
The costs and risks of return shall be borne by MAUPERIER.
Products will be replaced by identical products or by similar products. Similar products, i.e., substitutable for those ordered, are those of the same quality and fulfilling the same usage functions.
In the absence of replacement, the return of products accepted by MAUPERIER will result in the establishment of a credit note in favor of the Customer.
In any case, whether the return and replacement of products are accepted by MAUPERIER or not, the Customer may under no circumstances claim payment of compensation of any nature whatsoever.
MAUPERIER cannot be held liable on the basis of product liability under articles 1386-1 et seq. of the Civil Code, for damage caused to goods that are not used by the victim for their private use or consumption.
Unless otherwise stipulated, delivery is deemed to be made at the customer's domicile or ex-cellar. If this delivery is delayed for a reason independent of MAUPERIER's will, it shall be deemed to have been made on the agreed date. It is the buyer's responsibility, unless otherwise stipulated, to bear the costs and risks of transport of the goods sold, in case of application of the ex-cellar rate.
For deliveries with the free shipping rate, the costs and risks of transport will be borne by MAUPERIER.
The seller retains ownership of the goods sold until effective payment of the entire price in principal and accessories. Failure to pay any installment may result in reclaiming of the goods. These provisions do not prevent the transfer to the buyer upon delivery of the risks of loss and deterioration of the goods sold as well as any damage they might cause.
Prices are stipulated inclusive of all taxes and payable in euros.
The amount of the invoice is payable upon order and not upon delivery for free shipping rates or upon delivery for ex-cellar rates.
Furthermore, as a penalty clause and in application of legal provisions, the buyer shall be fully liable for a penalty for late payment calculated by applying to the entirety of sums remaining due, a general interest rate equal to twice the legal interest rate.
The liability of the parties may under no circumstances be engaged, the essential obligations of the contract being suspended, in the event of the occurrence of a force majeure event preventing the parties from executing their reciprocal obligations.
Events independent of the parties' will, which they could not reasonably be expected to foresee and which they could not reasonably avoid or overcome, are considered cases of force majeure. This shall particularly include, without this list being exhaustive, cases of war, natural disaster, embargo, epidemic, any event likely to hinder the proper functioning of the company, such as strikes, lockout situations, total or partial unemployment, any accident or fire, any interruption or delay in transport, or any event resulting in a total impossibility of being supplied.
Any dispute relating to these General Terms and Conditions of Sale, as well as to the sales they govern, shall, in the absence of amicable settlement, be submitted to the exclusive jurisdiction of the competent Courts of the jurisdiction of MAUPERIER's registered office, even in case of plurality of proceedings or parties, third-party proceedings, or summary proceedings.
Alcohol abuse is dangerous for your health, please enjoy and consume in moderation.
