Terms of Sale
RCS de Bobigny Number 414 749 200 Last updated on May 5th 2021
Alcohol abuse is dangerous for your health, to be consumed with moderation. The sale of alcohol to minors under the age of 18 is prohibited.
These General Conditions of Sale (hereinafter "GCS") apply to all sales of Noilly Prat brand products (the "Products") sold on the website www.boutique.noillyprat.com (hereinafter "the Website”) by Bacardi-Martini France - SAS with a capital of 342,000 euros, registered with the RCS of Bobigny under number 414 749 200, whose head office is located: Pleyad 4 64-68 Rue Pleyel 93200 Saint-Denis, (hereinafter "BMF") BMF commercial contact details for the purposes hereof:BACARDI-MARTINI France – MAISON NOILLY PRAT
1 RUE DE NOILLY
Email : email@example.com
Telephone : 04 67 77 20 15
Article 1: Subject
These General Conditions of Sale (the "GCS"), in their valid version , provide for the conditions applicable to orders for products (the "Products") placed on the Website by Website users over the age of 18 (the “Customers”) with BMF, (hereinafter together “the Parties”).
Article 2: Orders
By validating his/her order, the Customer will be asked to accept the provisions of these GCS. Consequently, during the validation of the order, the Customer will declare to have read the GCS in advance and accept these GCS without reservation. The preparation and shipment of an order can only be implemented after receipt of payment. BMF reserves the right to cancel an order if it appears that the quantities ordered are unreasonable, in the event of a fraudulent order, or if there is a dispute with the Customer concerning the payment of a previous order. It is specified that BMF reserves the right to check the content of the order before delivery.
BMF makes its best efforts to include on the Website only Products that it has in stock to be able to satisfy the orders placed. However, it is possible that certain errors occur in the listing of Products and that certain Products ordered by the Customer are out of stock.
In the event of a stock shortage stock, BMF undertakes to communicate by email and as soon as possible, the supply times necessary to obtain the desired Product. In agreement with the Customer, BMF may modify the order or refund the Product(s) not available by crediting the payment card used during the order. BMF will execute each order by making one or more deliveries of the ordered Products.
Article 3: Payment
The payment of the order is made, during the final validation of the order by the Customer, by credit card through the solution proposed by PayPal or Stripe.
Article 4: Price
The prices indicated are inclusive of all taxes. In the event of delivery outside mainland France, the prices displayed are inclusive of VAT (VAT included) and are supplemented by excise duties and other taxes of the Customer's country (and all other taxes applicable on the day the order is concluded, all change that may be reflected in the price of Products), as well as administrative management costs for customs formalities. Prices of Products may change at any time depending on BMF pricing policy. Products ordered are invoiced at the price in force at the time of final validation of the order by the Customer.
The prices displayed are net and excluding shipping costs. The shipping costs may vary depending on the number of Products ordered and the country of dispatch and will be mentioned before the final validation of the order by the Customer.
Article 5: Delivery
BMF uses third-party service providers (Mondial Relay and DHL) to deliver packages to mainland France, for which customs formalities may be necessary. Shipping costs are automatically calculated on our Website according to the destination of the order and the quantity of Products ordered. Deliveries to any other destination will be subject to a specific quote.
The delivery time for orders will be specified as part of the ordering process and will be expressed in working days. Saturdays, Sundays and public holidays are included in non-working days, as well as days when road transport is prohibited. These deadlines will also be indicated in the order confirmation received by e-mail by the Customer. The order is delivered to the delivery address chosen by the Customer.
The Customer is required to carefully check his packages on delivery to immediately make any reservations with the carrier. No complaint regarding the content of the order can be considered admissible if the Customer has accepted his/her packages without reservation upon delivery.
Any error or modification made by the Customer in a current delivery order, whatever it may be, results in an extension of the expected delivery time. The additional costs will be borne by the Customer.
The delivery times and prices below are provided for information only and are subject to change. The prices and delivery times applicable at the time of the order will in any case be provided as part of the order process and before its validation.
|Working days||5 to 6||2 to 3|
|Price (Deliveries in France)|
|Weight (kg)||MR € all tax incl||Weight (kg)||DHL € all tax incl|
|0 to 1||4.90 €||0 to 2.5||9.90 €|
|1.01 to 2.00||6.30 €||2.51 to 5.00||11.50 €|
|2.01 to 3.00||6.50 €||5.01 to 10.00||15.90 €|
|3.01 to 4.2||6.90 €||10.01 to 15.0||24.90 €|
|4.21 to 5.00||9.90 €||15.01 to 20.00||29.90 €|
|5.01 to 8||11.90 €||20.01 to 25.0||35.90 €|
|8.01 to 10||13.50 €||25.01 to 30.0||40.9 €|
|10.01 to 15.0||17.90 €||> 30.0||50.90 €|
|15.01 to 20||19.90 €|| || |
|20.01 to 30||24.90 €|| || |
Article 6: Withdrawal
The Customer has a period of (14) fourteen days from the delivery of his/her order to notify his/her wish to exercise his/her right of withdrawal and return the item delivered for exchange or refund, at the Customer's choice. The Customer will have to bear the cost of the return.
For reasons of hygiene and health protection, the Customer will not be able to exercise his right of withdrawal after having unsealed the Product that has been delivered. The notification of the wish to withdraw may be made using the form provided below and by sending it to customer service by email (see BMF's contact details at the top of these presents).
For the attention of BACARDI MARTINI FRANCE - BACARDI-MARTINI France – MAISON NOILLY PRAT 1 RUE DE NOILLY 34340 MARSEILLAN Email: firstname.lastname@example.org Phone: 04 67 77 20 15 I / we (*) hereby notify you of my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below: Ordered on (*) / received on (*): Name of consumer(s) Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date: (*) Cross out the unnecessary mention.
BMF undertakes to reimburse the Customer within a maximum period of (14) fourteen clear days after notification of the withdrawal and subject to the return of the Products. The cost of returning the Product remains the responsibility of the Customer.Returns should be sent to the address:
BACARDI-MARTINI France – MAISON NOILLY PRAT
1 RUE DE NOILLY
Article 7: Retention of title
Products delivered to the Customer are sold under retention of title. The transfer of ownership is subject to full payment of the price of the Products by the Customer, at the deadline agreed between the Parties. In the event of non-payment of the total price of the goods by the agreed deadline, BMF may claim ownership of the Products at the expense and risk of the Customer.
Article 8: Personal Data
Article 9: Guarantees
Products benefit from the legal guarantee of conformity provided for in Articles L.217-4 and seq. of the French Consumer Code and the legal guarantee against hidden defects provided for in Article 1641 of the French Civil Code.
Under the terms of the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act. In the event of a lack of conformity, the Customer may choose between repairing or replacing the non-conforming item, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. It is specified that the Customer is exempt from providing proof of the existence of the lack of conformity of the good during the two years following delivery of the good.
Under the legal warranty against hidden defects, the Customer has a period of two years from the discovery of the defect to act - this period being enclosed within a limitation period of five years from the purchase. In the event of a hidden defect, the Customer may choose between terminating the sale and reducing the sale price. It will be up to the Customer to prove that a defect existed during the sale.
The Customer who wishes to invoke the legal guarantee of conformity must inform BMF thereof. If the reasons for the return are valid, the Products concerned must be returned to the address below, under the same conditions as those governing the exercise of the right of withdrawal. Delivery costs as well as return costs will be reimbursed.The returns should be done at the following address: BACARDI-MARTINI France – MAISON NOILLY PRAT
1 RUE DE NOILLY
The refund of the returned Product(s) will be made by crediting the bank account linked to the bank card used to pay for the order.The reimbursement date may be postponed until the date of actual receipt of the Product(s) at the above address.
Article 10: Modifications
BMF reserves the right to make changes to the Website, its procedures, and these GCS. If you are registered on our Website, you will be informed of any substantial modification to these GCS and will in any event be able to terminate your account if you do not agree with such modifications. The Customer is subject to the GCS in force at the time of his/her order.
Article 11: Force majeure
BMF will not be liable for any loss, damage or expense that results directly or indirectly from the non-performance or delay in performance of any of its obligations under the GCS, caused by a strike or any other event of force majeure within the meaning of Article 1218 of the French Civil Code. Except in the case of a definitive impediment, BMF's obligations will be suspended and the period of performance of its obligations will be extended for the duration of the situation.
If the delivery of Products intended for the Customer is affected, BMF will agree with the Customer on a new date and/or new delivery conditions unless this makes the performance of the contract excessively onerous for one of the Parties. If the impediment to delivery is final or if it makes the performance of the ontract excessively onerous for one of the Parties, the contract will be terminated between the Parties. In this case, the sums paid by the Customer will be reimbursed following the notice of resolution sent in writing by the most diligent Party.
Article 12: Applicable law and Competent Courts
The language of this contract is French. All the clauses of these GCS, all transactions and purchasing operations carried out from the Website are governed by French law. If you are a consumer residing in another State of the European Union, the terms of this article do not prevent you from taking legal action in the country where you have your place of residence and do not deprive you of measures of protection provided for you by the applicable law in your country of residence.
Article 13: Minors protection
In accordance with Article L.3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. The Customer agrees to be over 18 years by placing his/her order on the Website [www.boutique.noillyprat.com].
Article 14 : Consumers mediation
According to Article L.612-1 of the French Consumer Code, it is recalled that "any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of the dispute between him/her and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system”. As such BMF offers its Customers, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
- Mediator of the approved mediation center: Mediation solution
It is recalled that mediation is not compulsory but only offered to resolve disputes while avoiding recourse to justice.The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.