ARTICLE 1: SCOPE
These general conditions of sale replace all previous conditions of sale. They are communicated or made available to each Client. The fact of placing an order implies the full and unreserved adherence of the Customer to these general conditions of sale. Unless expressly accepted in writing by ANTECH, any contrary condition imposed by the Customer, in particular as appearing in its own general conditions of purchase, will be unenforceable to ANTECH, regardless of when it has been brought to its attention. The fact that Maison ANTECH does not avail itself at a given moment, of one of the stipulations of these general conditions of sale cannot be interpreted, as a waiver to avail itself of it later.
ARTICLE 2: ORDER
Any order, whatever the medium of its issue is firm and final for the customer upon receipt by the House ANTECH and implies on the part of the buyer the unconditional acceptance of these general conditions of sale. The sales contract is perfect only subject to the seller’s express acceptance of the buyer’s order.
ARTICLE 3: PRODUCTS
The products covered by these general conditions of sale are exclusively those described in the offers issued by Maison ANTECH. The determination of the quantities of products will be carried out by counting the passes, no order will be provided for less than six passes and must be a multiple of six,
ARTICLE 4: DELIVERY – RISKS
The products are delivered from the cellar unless expressly agreed by ANTECH and provided that the shipment concerns at least one pallet. All retirement and delivery costs are the responsibility of the Customer. The delivery times as well as the transport times indicated by us, are given as an indication and do not constitute any commitment on our part. The burden of the risk of loss or damage that the products may incur is transferred to the Customer upon their retirement or in case of shipment by Maison ANTECH, as soon as they are delivered by Maison ANTECH to the first carrier. The case of force majeure, fortuitous or similar cases, release the House ANTECH, of any obligation to deliver without any compensation.
ARTICLE 5: CONFORMITY AND RECEIPT
The receipt of the products will take place upon withdrawal or delivery in the event that Maison ANTECH ensures the shipment. Except special provisions our goods even sold Franco travel at the risks and perils of the buyer who will check their condition on receipt and who will immediately make all reserves useful to the carrier in the forms prescribed by it. The customer is only qualified to make reservations with the carrier. The reception will be considered acceptance in case of silence of the Customer during a period of ten days. Any complaint must be made before the end of the ten-day period, by registered letter with acknowledgement of receipt. Failure to meet these requirements will render the claim inadmissible. In the event that the claim is founded, Maison ANTECH will only be required to replace the products and provided that their storage and handling after retirement were carried out under normal conditions.
ARTICLE 6: GUARANTEE
ANTECH will guarantee the products under the legal conditions defined in articles 1641 and s. of the Civil Code. However, Maison ANTECH can only be held to replace the products in question and will not incur any liability for any damage or indirect costs and in particular the inability to market the products.
ARTICLE 7: PRICES
The price applied will be that of the price in force on the day of the order. The pricing conditions are available to Customers who can at any time request communication. These conditions may be modified during the season by Maison ANTECH. Prices and information on catalogues, prospectuses and tariffs do not bind the seller who reserves the right to make any changes in composition, form or vintage whose photos or descriptions appear on the advertisements.
ARTICLE 8: PAYMENT
Unless otherwise specified, payment of invoices will be made on time within 30 days of retirement, or delivery when shipping is operated by Maison ANTECH. The payment will be made at the registered office of Maison ANTECH or at the place designated by Maison ANTECH at the time of the sale, by cheque, accepted draft or promissory note; this payment will be considered as made only when the price is actually collected by Maison ANTECH, the surrender of the security thus not constituting payment. The advance payment will result in a discount of 1%. For any payment after the due date, a lump sum of € 40 will be applied (L2012-387 of 22/03/12). Late payment will automatically make penalties payable from the end of the term. Their amount will be calculated by applying the amounts due, an interest rate equal to 1.5 times the legal interest rate in force. In addition, the late payment will automatically, and therefore without prior notice by the House ANTECH, the suspension of the execution of orders in progress, the removal of any discount, discount or other condition granted by the House ANTECH, and the immediate payment of any debt due from Maison ANTECH in full. In case of late payment renewed or formal notice remained unsuccessful, Maison ANTECH may claim from the customer an amount equal to 10% of the amounts due, in return for internal management fees resulting from the delay or default of payment.
ARTICLE 9: RESERVATION OF OWNERSHIP
All products are sold subject to retention of title; consequently the transfer of their ownership is deferred to full payment of their price and fees and interest related to the sale. However, the risks related to the products are borne by the Customer from the moment fixed in these conditions of sale. The Customer undertakes to insure at its own expense all products subject to retention of title against all risks of damage and subrogates from now on the House ANTECH in its rights towards the insurer. The Customer may resell the products in the context of the normal operation of his business; he will lose this option, in case of cessation of payment or non-payment of the price at the due date.
ARTICLE 10: FORCE MAJEURE
In the event of the occurrence of an event beyond the control of ANTECH or the Customer, making the execution of the sale impossible, very difficult or largely unbalanced, it will be suspended and may be terminated at the initiative of one of the parties, notified to the other by registered letter with acknowledgement of receipt, if no outcome is possible within a reasonable time. It will be so in particular in case of climatic disorder such as flooding or frost, fire, strike, modification of the regulations applicable to these general conditions of sale or products without this list being exhaustive.
ARTICLE 11: JURISDICTION
Any dispute relating to these general conditions of sale, as well as the sales they govern, will be subject to the French law and the Commercial Court of the registered office of the House ANTECH to which it is assigned jurisdiction even in case of plurality of proceedings or parties, or appeal in guarantee. This clause will also apply in the matter of interim measures.