GENERAL TERMS AND CONDITIONS OF SALE
of SCEA BOURELY
Article 1: Legal notice
The websites: distilleriedecourmenil.com,
lesderangesnormands.com , chateaudecourmenil.com
rarecalvados.com, vintagecalvados.com
are the property of SCEA BOURELY, whose registered office is at the Distillerie de Courménil, 61310 Gouffern en Auge, France. A société civile d’exploitation agricole (French agricultural partnership) with a share capital of €600,000, registered with the Alençon Trade and Companies Register (RCS) under SIRET no. 504 490 517 00019, VAT no. FR60 504 490 517
SCEA BOURELY may be contacted by post or via the websites below:
contact@distilleriedecourmenil.com
Management: Michel Bourély
The websites are hosted by Odoo, Amen and OVH.
Article 2: Scope These General Terms and Conditions of Sale apply to all orders placed on the websites listed above, as well as to all orders received by fax, post or telephone and to all sales made on site at the registered office, notwithstanding any clauses that may appear in the buyer's documents. By placing an order, the customer acknowledges having read these General Terms and Conditions of Sale beforehand and having accepted their terms. In any case not covered by these General Terms and Conditions of Sale, the distance selling rules in force at the place of the company's registered office shall apply. This contract is governed by French law.
Article 3: Orders SCEA BOURELY undertakes to accept orders placed online in accordance with these General Terms and Conditions of Sale and subject to stock availability. Should a product be out of stock, we will inform you of the waiting time required to obtain the desired product or offer you a replacement product. At the seller's discretion, orders may be dispatched in a single delivery or in several deliveries. By confirming the order, the customer declares that they have read and accept these General Terms and Conditions of Sale. No order shall be processed until payment has been received, and every order shall be confirmed by e-mail. SCEA BOURELY reserves the right to refuse or cancel any order that is non-compliant, unpaid or suspicious, as well as any order from a customer with whom any dispute exists or who fails to provide the required guarantees of compliance with French law, the law of the country of delivery or the law of the buyer's country of residence.
Article 4: Prices Prices are stated in euros and are inclusive of all taxes (applicable VAT, excise duties and all other applicable taxes). The prices displayed do not include the contribution towards shipping and delivery costs, nor any customs duties or other taxes of the country of destination designated by the buyer. Shipping and delivery costs vary according to the weight of the products ordered and the country of destination. For sales to France, the price stated by SCEA BOURELY in the order confirmation is the final price, inclusive of all taxes and VAT.
Article 5: Validity of offers Products are offered subject to stock availability. SCEA BOURELY cannot be held liable for any stock shortage resulting in a delay in the delivery of the order. Orders become final only once they have been confirmed by the buyer's payment of the price. Should one or more products become unavailable after the order has been confirmed, SCEA BOURELY undertakes to inform the customer by e-mail as soon as possible. In agreement with the customer, SCEA BOURELY may amend the order or refund the unavailable product(s) by crediting the payment card used for the order.
Article 6: Delivery SCEA BOURELY may deliver to several European countries. For further details of our shipping costs (prices/countries of dispatch), please contact us. The delivery time for orders is 5 to 15 working days for products in stock, from receipt of payment. Non-working days include Saturdays, Sundays and public holidays, as well as days on which road haulage is prohibited. The order is delivered to the delivery address chosen by the customer. SCEA BOURELY undertakes to use its best endeavours to deliver the products ordered as quickly as possible, it being specified that deliveries are subcontracted to specialist carriers over which our Company has no control. Delivery times vary according to the country of destination chosen by the customer. Delivery is made within the stipulated time either by handing the product directly to the stated recipient or, in the event of absence, by a notice that the parcel is available for collection. SCEA BOURELY cannot be held liable for the loss of, damage to, errors in or failure to deliver a consignment where it is established that circumstances beyond its control existed, in particular cases of force majeure releasing SCEA BOURELY from its obligation to deliver: * war, riot, fire, strikes, natural disasters, earthquakes, floods, road/rail/air accidents, embargoes, inability to obtain supplies * any act, default or negligence of any third party, such as: the sender, the recipient, any interested third party, any officer of the customs or of any other authority, postal services, any carrier or other third party to whom the consignment is entrusted by the transport provider in order to serve areas it does not serve directly itself, even where the sender has not requested or been informed of the use of a third party. The customer must check their parcels carefully on delivery in order to notify the carrier immediately of any reservations. The information provided by the buyer when placing the order is binding on the buyer: in the event of an error in the recipient's details, the seller cannot be held liable if it is unable to deliver the product. Bottles are delivered in cartons of one or more bottles, deliverable in a single consignment to the same address.
Article 7: Sales outside France In the event of delivery to a country other than metropolitan France, the buyer is deemed to be the importer of the product(s) concerned. All local taxes, levies, customs duties of the country of destination or other charges payable shall be borne exclusively by the buyer. It is the buyer's responsibility to complete all formalities and obtain from the local authorities all authorisations required for the purchase of the products, and to ensure that the products comply with local legislative and regulatory requirements. SCEA BOURELY advises buyers to enquire about these obligations with the competent local authorities before placing any order. Unless otherwise specified in the commercial documents sent to customers (quotations, purchase orders, invoices, etc.), the Incoterm shall be EXW Distillerie de Courménil.
Article 8: Payment Products purchased from SCEA BOURELY are payable in full upon ordering and remain the property of SCEA BOURELY until the invoices have been paid in full. Payment may be made by bank card, by cheque payable to SCEA BOURELY, by bank transfer, by other new digital payment systems or payment terminals, or in cash at our on-site shop. An invoice or till receipt will be issued by SCEA BOURELY and sent to the customer at their billing address.
Article 9: Right of withdrawal For all distance sales made via the internet, e-mail, post or telephone, with the exception of sales concluded in the shop at our Company's registered office, and pursuant to Article L221-18 of the French Consumer Code (Code de la consommation), the buyer has a period of fourteen (14) days from receipt of the order in which to exercise their right of withdrawal, without having to give any reason and without penalty, save for the cost of return, which shall be borne by the buyer. SCEA BOURELY undertakes to refund the buyer for the product, including the original delivery costs. The refund shall be made within two weeks of receipt of the returned goods. In the event of an exchange, the shipping costs of the exchanged product shall be borne by the customer. Returns must be sent to the address of SCEA BOURELY given above. To exercise the right of withdrawal, the buyer must notify their decision by means of a clear, precise and unambiguous statement. The withdrawal statement must include the following mandatory information: the buyer's name, delivery address and, where applicable, telephone number, fax number and e-mail address. Where the product was received by a third party other than the buyer, the buyer must state that third party's contact details in the withdrawal statement. SCEA BOURELY makes the following model withdrawal form available to the buyer: Model withdrawal form For the attention of SCEA BOURELY, Distillerie de Courménil, 61310 Gouffern en Auge, France Subject: Exercise of the right of withdrawal – order no. [ …………………………. ] I hereby give notice that I withdraw from the contract for the sale of the goods listed below – order(s) no. […………………………………..] Ordered on …../ ..… /…….. and received on ….. /..… /…….. Description of the items as shown on the invoice: ……… ……… Customer's name Customer's address Date: signed on ….. /..… /…….. Customer's signature: The use of this model form is entirely at the buyer's discretion. The statement may be made by any means to the postal or e-mail address of SCEA BOURELY Upon receipt, SCEA BOURELY shall send the buyer an acknowledgement of receipt of the withdrawal without delay. The buyer may not exercise the right of withdrawal where the goods concerned have been made to the buyer's specifications or clearly personalised, or where, by reason of their nature, they cannot be returned or are liable to deteriorate or expire rapidly. The right of withdrawal cannot be exercised for products that have been unsealed or opened by the buyer or the recipient of the order after delivery, and in particular for products that have been consumed, even partially.
Article 10: Retention of title Goods reserved or sold shall remain our property until paid for in full, irrespective of where they may be located.
Article 11: Personal data The creation of a customer account with SCEA BOURELY requires the customer to provide certain personal data. These data, which are necessary for processing orders and for managing SCEA BOURELY's commercial relations with its customers, are secured, kept confidential and are not used commercially by any third party. The information collected is processed in the Odoo software suite, for which our Company has duly acquired the licences. These data may be retained until the customer requests to unsubscribe. These data (in particular addresses, e-mail, telephone number, surname, first name, quotations, purchases, wish lists, etc.) are collected in order to maintain an up-to-date business relationship and to enable our customers to benefit from all kinds of promotional information. On the websites, as on every document received, our customers will find the means to unsubscribe so as no longer to receive e-mails or offers from our Company. You may withdraw your consent to the processing of your data at any time; you may also object to the processing of your data. Visit the website cnil.fr for further information on your rights. To exercise these rights, or for any question regarding the processing of your data under this scheme, you may also contact us at the addresses above. In accordance with French Law No. 78-17 of 6 January 1978 on Information Technology, Data Files and Civil Liberties, the consumer has a right of access to and rectification of any personal information concerning them. To exercise this right, you may access your personal online account. You may also contact our Company.
Article 12: Liability All texts and photographs presented are for information purposes only and are in no way contractually binding.
Article 13: Applicable law The language of this contract is French. All clauses of these General Terms and Conditions of Sale and all purchase transactions and operations carried out via our Company's websites as well as by post, by telephone or on site, are governed by French law. Any dispute that has not been settled amicably shall fall within the jurisdiction of the courts of the place of SCEA BOURELY's registered office.
Article 14: Protection of minors and public health In accordance with Article L. 3342-1 of the French Public Health Code (Code de la santé publique), the sale of alcohol to minors under the age of eighteen (18) is prohibited. By placing an order with SCEA BOURELY, every customer of SCEA BOURELY confirms that they are at least 18 years of age. The seller shall in no event be held liable should a minor customer disregard this clause. Excessive alcohol consumption is harmful to health. Please enjoy and savour it in moderation.
Article 15: Disputes Complaints or claims will be given careful attention; SCEA BOURELY presumes the good faith of any customer who takes the trouble to set out their situation. In the event of a dispute, the customer is invited to contact the company in the first instance in order to reach an amicable solution.
Article 16: Product warranty The products sold correspond materially to the specifications presented to the buyer on all visual media produced by the Company, when used in strict accordance with the purposes for which they were sold Save where otherwise provided by law, the liability of SCEA BOURELY shall in no event exceed the value of the goods invoiced.