General Terms and Conditions of Sale

General

1.1 Any order or sale of products marketed by La Maison Penet (Sarl Penet), registered with the RCS of Reims, Siret 51519934700029, domiciled at 12 rue Gambetta 51 380 VERZY, is subject to these General Terms and Conditions of Sale which the buyer declares accepted expressly and without reservations. Any modification of these General Terms and Conditions of Sale must be the subject of a prior, express and written acceptance by La Maison Penet (Sarl Penet).

1.2 These General Terms and Conditions of Sale take precedence over any different or contrary clause appearing on the buyer’s documents or correspondence, including his general conditions of purchase.

1.3 La Maison Penet (Sarl Penet) reserves the right to modify at any time its rates and General Conditions of Sale with a notice of one month, by registered letter with acknowledgment of receipt.

1.4 The fact of not availing oneself of any of the stipulations of these General Terms and Conditions of Sale cannot be interpreted as a waiver of avail oneself of them at a later date.

1.5 If any provision of these General Terms and Conditions of Sale is declared null and void, illegal or unenforceable, in whole or in part, the other provisions shall remain in force.

1.6 These General Terms and Conditions of Sale apply from their entry into force for any delivery of La Maison Penet (Sarl Penet) products on the territory of metropolitan France (including Corsica and Monaco).

Orders

2.1 Orders or order confirmations must be sent to La Maison Penet (Sarl Penet) by post or e-mail.

Orders sent to La Maison Penet (Sarl Penet) are considered valid and final, unless otherwise stated (in particular in the event of exhaustion of the stock of a specific finished product) notified in writing to the customer by La Maison Penet (Sarl Penet) within 10 working days of receipt of the order by La Maison Penet (Sarl Penet).

2.2 Any modification of the order requested by the buyer may lead to a modification of the delivery time.

Deliveries and delivery times

3.1 The delivery times offered for the order are given for information purposes only. A delay in delivery can not justify either cancellation of order, refusal of products, damages or penalties.

3.2 The event of force majeure or fortuitous and similar cases, in particular total or partial strikes hindering the smooth running of La Maison Penet (Sarl Penet) or one of its suppliers, subcontractors or carriers release La Maison Penet (Sarl Penet) from any obligation to deliver, without payment of compensation of any kind whatsoever.

3.3 In any case, compliance with the delivery obligations of La Maison Penet (Sarl Penet) requires that the buyer is up to date with his obligations to La Maison Penet (Sarl Penet), whatever the cause.

Conditions of shipment and delivery / receipt of products

4.1 The good condition of the load shall be deemed to have been established when the shipping documents are issued by the first carrier.

4.2 The products, even shipped free of charge, are deemed taken from the cellars of La Maison Penet (Sarl Penet) and are transported at the risk and peril of the buyer as soon as the goods are handed over to the carrier.

4.3 Upon receipt of the products, the buyer undertakes imperatively to check or have verified by any third party designated by him the number and condition of products.

The buyer must have the carrier note any cases of damage or missing products on arrival, and notify him of his reservations or protests in the legal forms and deadlines, in accordance with Article L.133-3 of the French Commercial Code.

4.4 Without prejudice to the measures to be taken vis-à-vis the carrier, complaints about apparent defects or non-conformity of the products delivered or ordered or to the packing slip, must be made within 48 hours of the arrival of the products at the buyer, or in any premises designated by the buyer, by registered letter with acknowledgment of receipt.

4.5 It will be up to the buyer to provide all justification as to the reality of the defects or anomalies found. He must leave to La Maison Penet (Sarl Penet) any facility to proceed to the observation of these defects and to remedy them.

In any case, once the defect or anomaly has been observed by La Maison Penet (Sarl Penet), the repair will be limited to the replacement of the product or its refund, other costs are excluded.

4.6 A claim cannot be taken into consideration if the buyer does not comply with the following stipulations in the event of damage or shortages: obtain proof from the carrier, summon the insurance company, have a damage report drawn up, take all measures to ensure the storage and safeguarding of the products under normal conditions.

4.7 La Maison Penet (Sarl Penet) cannot be held liable after the customer has taken charge of the product in the event of a defect found on the product due to poor storage conditions at the customer’s premises.

4.8 Bottles must be kept lying down, away from light, frost and rain, at a temperature of 10C to 14 C, without sudden temperature variations. Their handling must be carried out with care by the buyer or any company of the same group, agent, subcontractors, or servants.

4.9 Implosion / Explosion: The buyer waives in advance any recourse in civil liability against La Maison Penet (Sarl Penet) in the event of implosion or explosion of delivered bottles resulting in particular from dangerous handling of the bottles by the buyer.

4.10 In the event of the opening of collective proceedings against the buyer, La Maison Penet (Sarl Penet) reserves the right to suspend the delivery of its products pending the decision of the bodies of the procedure.

Prices

5.1 Prices are exclusive of indirect contributions such as, in particular, movement and consumption rights, excise duties and miscellaneous taxes.

All taxes, duties or other services to be paid in application of the regulations in force are the responsibility of the buyer.

5.2 The products are invoiced at the rates in force on the date of placing the order and for delivery within two months. No reservation, even with advance payment, can be stored in our cellars or decentralized depots.

5.3 La Maison Penet (Sarl Penet) reserves the right to modify its rate at any time according to the state of stocks and harvests, subject to compliance with one month’s notice. The tariffs on products may also be amended to take account of developments in the legislation on indirect contributions, excise duties and other miscellaneous taxes payable when products are released for consumption.

5.4 Whatever the reservations made by the buyer upon receipt of the products, in particular in the event of breakage, the fraction of the delivery received in good condition and in accordance with the order will be paid at the agreed price and according to the terms of payment provided for in the initial order.

Terms of payment

6.1 Invoices are payable at the head office of La Maison Penet (Sarl Penet).

6.2 Orders are payable:

Cash or, in case of order to open an account at SARL Penet 12 Rue Gambetta 51380 Verzy, by transfer to Crédit Agricole Verzy / IBAN FR76 1020 6510 1898 3979 1522 292 / BIC AGRIFRPP 802

According to the conditions defined at the time of the order and, in any case, within the maximum period provided for in art.443-1 of the Commercial Code.

6.3 No discount will be granted in the event of advance payment by the buyer on a date prior to that resulting from the application of the General Terms and Conditions of Sale.

6.4 As all the products of La Maison Penet (Sarl Penet) are products intended for the current consumption of households, the buyer must pay the sums due by means of a bill of exchange or a negotiable instrument in the cases provided for in art. L441 7 of the Commercial Code.

6.5 In the event that the buyer remains liable for sums originating from several invoices, payments will be charged in priority to the oldest invoices.

6.6 Our invoices are payable upon receipt without discount. Any failure by the CLIENT to pay on the due date will automatically result in the immediate payment of all remaining sums due, plus the calculation of late payment penalties based on ECB rates + 10 points, a penalty clause of 20% and a fixed compensation of €40 per invoice, in accordance with Article L441-6 of the French Commercial Code.

Formalities imposed on the collection and movement of products

The putting into circulation of the products will involve the completion of formalities intended to keep these products under the control of the administration.

The Maison Penet (Sarl Penet) will establish at the time of the removal of the products, a commercial or administrative accompanying document of the products.

The responsibility of La Maison Penet (Sarl Penet) can in no way be engaged in the event that the carrier of the products, or any other intermediary in the sale and / or transport of the products, would be unable to justify to the administration and, more particularly to the customs services, that the removal of the products was carried out from La Maison Penet (Sarl Penet) in duties and taxes paid,  under cover of the accompanying documents provided for in the Act.

Retention of title clause

8.1 La Maison Penet (Sarl Penet) reserves ownership of the products delivered until full payment of the price in principal, accessories and interest. The buyer agrees to keep in stock the products delivered under conditions guaranteeing the absence of deterioration, and by individualizing the products delivered, but not yet paid. In case of resale, the buyer informed the sub-buyer who must agree to respect this last stipulation.

8.2 In the event of resale by the buyer of the reserved goods, the latter declares already to assign to La Maison Penet (Sarl Penet) the claim arising from the sale of the products to a sub-purchaser and authorises La Maison Penet (Sarl Penet) to collect up to its claim on the buyer the price due by the sub-purchaser to the buyer.

8.3 Cheques, drafts or any other negotiable instrument creating an obligation to pay no longer become a payment within the meaning of this provision until they have been actually cashed by La Maison Penet (Sarl Penet). The original claim of La Maison Penet (Sarl Penet) on the buyer remains, with all the guarantees that are attached including the retention of title, until the said negotiable instrument has been paid.

Termination clause

9.1 The buyer will take under his responsibility any measure in order to ensure compliance with the obligations arising from these General Terms and Conditions of Sale.

9.2 Maison Penet (Sarl Penet) reserves the right, in the event of a breach by the buyer of one of the obligations subscribed to and after simple observation on its part notified to the buyer, to proceed immediately to the return of the product.

9.3 In addition, failing by the buyer to comply with his obligations all sales that La Maison Penet (Sarl Penet) has concluded with him and which have not yet been paid, may be resolved at the initiative of La Maison Penet (Sarl Penet) after a formal notice of 8 working days remained unsuccessful, even by simple recommendation.

Intellectual property

Under no circumstances may the execution of these General Terms and Conditions of Sale by the buyer confer on the buyer any direct or indirect right over the ownership of trademarks, products, logos or any other distinctive signs relating to the products.

Likewise, the buyer or any company of the same group, agents, subcontractors, or agents will not be authorized to reproduce the trademarks, logos or any other distinctive signs relating to the products without the prior written consent of La Maison Penet (Sarl Penet).

Jurisdiction and applicable rights

11.1 These General Terms and Conditions of Sale, as well as the acts that are the consequence, are subject to French law.

11.2 For any dispute that may arise in connection with these General Terms and Conditions of Sale or with the acts that are the consequence thereof, express jurisdiction is made to the Commercial Court of the jurisdiction of the registered office of the seller (TC de Reims), even in the event of a warranty claim or multiple defendants,  and regardless of the terms of payment.

11.3 The various methods of dispatch or payment do not provide novation or derogation from this jurisdiction clause.

— Individual bags /personalized Penet cases are available free of charge upon request, while stocks last.

For the Penet Chardonnet range:

– Individual personalized Penet Chardonnet boxes will be charged 2 € HT / Btl

– As some cuvées are produced in limited quantities, we reserve the right to distribute, or not an allocation on them.

Valid for the five brands of La Maison Penet:

– Professional rates (HT) Franco de Port with quantities mixable between the ranges and brands of La Maison Penet. These will be valid until 31/12/2022.

– Terms of payment: unless otherwise agreed in writing granting a derogation, all payments must be made within 30 Days net, invoice date.

– Accepting the payment of the sums due by cheque made out to SARL PENET as a CGA member and/or by bank transfer to the following coordinates:

SARL Penet, 12 Rue Gambetta, 51380 Verzy

Crédit Agricole Verzy / IBAN FR76 1020 6510 1898 3979 1522 292 / BIC AGRIFRPP 802

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