TERMS & CONDITIONS Bellevue France (WINE no KAORI)
01. Prices
Prices are net, do not include VAT nor duty, and are understood as ex-cellar. Prices are expressed in Euro and are per unit. Any shipping costs, duty and VAT will be charged on a per-shipment basis (see below article 5). Prices may vary according to market conditions and are subject to availability at the time of order confirmation.
02. Payment
All prices are net and payment must be made within 30 days of receipt of the invoice (electronic or paper) or within 10 days of receipt of the proforma (electronic or paper), always prior to the date of shipment or collection. Special offers may have other conditions, which will be stated at time of offer. All invoices must be paid in full, including any bank commission fees that may be deducted. Late and overdue payments are subject to a 6% interest fee per year. The interest charges will start to accrue 30 days after the receipt date of invoice (10 days after the receipt date of the proforma). Such interest is payable without the need for a further reminder. Bellevue France accepts payments in Euro by bank transfer. In the event of partial or non-payment within a certain period of time, Bellevue France reserves the right to cancel the order and to charge the buyer a cancellation fee of 35% of the outstanding amount.
03. Quality, defectiveness and notification of defects
Bellevue France is not responsible or liable for the state and condition of the wines or whether the wine corresponds to the quality which might be expected from its description. Bellevue France must be notified of any defects or irregularities no later than 8 days after the collection or the receipt of the goods.
04. Property
Bellevue France will remain proprietor of the goods until the full payment has been made. No collection nor delivery of the goods will be allowed until the invoice is paid in full. Paid orders can be held against any outstanding overdue invoices until all accounts are paid.
05. Collection and delivery
The buyer must arrange collection of any ordered goods within 60 days following receipt of invoice. After this time, according to Bellevue France’s terms and conditions of storage, the wines will be stored “The Wine Vault”, at the buyer’s expense.
06. Purchase Orders
The orders that are made in writing can be by email. Orders made verbally will be confirmed with an invoice. Any discrepancies must be communicated to Bellevue France within 7 days. Bellevue France has the right to (i) cancel the order or (ii) adjust the prices following any delay in payment or any increase in taxes, duties or shipping. No reminder nor 'Notice to Pay' shall occur.
07. Age restrictions;
By placing an order with Bellevue France, the buyer confirms that he or she meets the minimum legal age for purchasing alcohol in the country where he or she lives. If Bellevue France discovers that the buyer is not legally entitled to purchase alcohol, Bellevue France shall be entitled to cancel the order immediately and without notice.
08. Liability
Bellevue France is not liable for any defect of the goods, except for the right to replace according to article 3 of the present Terms and Conditions. Bellevue France’s liability for any other failure to perform its obligations is limited to damages caused by gross negligence or intention.
09. Governing Law
All contracts are governed by France material law, with the exception of international private law regulations.
10. Jurisdiction
The Seller's customer service is at the disposal of the Customer to amicably resolve any problem resulting from an order and its execution.
In the event of difficulties in the application of these GCS, the Customer will first and in priority contact the Seller's customer service to whom he will send a written complaint to the following address:
By post: A Bellevue France 3 Rue Bellevue 71150 Cheilly les Maranges, France By e-mail: winenokaorifrance@gmail.com
CONSUMER MEDIATION
In accordance with the provisions of articles L611-1 and R612-1 and following of the Consumer Code concerning the amicable settlement of disputes:
When the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within two months, he can submit his complaint free of charge to the consumer mediator.
The mediator must be contacted within a maximum period of one year from the initial complaint.
The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org
or by mail: CONSUMER & HERITAGE MEDIATION – 12 Square Desnouettes – 75015 PARIS
The Customer may also go to the European online dispute resolution platform at: https://webgate.ec.europa.eu/odr.
In the absence of an amicable agreement, the Customer will have the possibility of seizing the competent court as specified below.
Applicable law and attribution of jurisdiction
These T&Cs are subject to French law.
If it is impossible to reach an agreement, all conflicts arising from the execution of an order or the interpretation of these conditions, and more generally of agreements of any kind concluded between the parties, will be attributed:
– for a consumer, to the court of the place of his domicile on the day of the complaint or at the time of the conclusion of the contract or to the court of the place of occurrence of the harmful event;
– for a non-consumer, at the court of Chalon sur Sâone.