ADVICE ON TRANSLATION

These sales conditions have been translated to assist non French speaking customers and readers. As the sales contract are covered by French law, the French version remains the only valid legal text in case of claims introduced to the here above mentioned jurisdiction.


1-GENERAL SALES CONDITIONS IMPLEMENTATION
Our company, NVS S.A.S., is the owner and operator of the e-commerce website WWW.VINOSAFE.COM. It also owns the registered trade name VINOSAFE. The legal entity involved in your purchases on the website is therefore NVS. Here are its selling conditions.
These sales conditions apply to every order from any customer on the website.
The fact of ordering implies a comprehensive, reserve free, agreement of the purchaser to these conditions which supersede any other document such as brochures and ancillary documents, arising from NVS as they are purely indicative.
No specific or contrary clause, unless formally (in writing) approved by NVS, can overrule these conditions.
The fact that NVS does not invoke at a specific time any of the following conditions cannot be considered as a renunciation to future claims.

2-ORDERS
Orders are only definitive when the payment is confirmed (credit card approval on the website or future cheque/bank transfer).
NVS is bound by orders registered by its employees or representatives only in case of a written and signed confirmation.
The order acknowledgement could also be generated by the shipment of products. Any order alteration or cancellation can only be taken into account if it came in writing before the order shipment. If NVS does not accept these alteration or cancellation, the prepayments are not refunded.
NVS keeps the right to make any alteration to its products at any time if it considers this as necessary. NVS also keeps the right to make any alteration to its products as listed on its brochures or Website without any obligation to modify the products previously delivered or with pending orders.

3-DELIVERIES-LEADTIMES
Lead-times are defined as exactly as possible but are sourcing and transport dependant.
Lead-times are accounted for, not from the date of order registration on the Website, but from the registered payment date.
For private consumers, when the sales contract (i.e. order) amounts to more than 457.35 EUR, and if the delivery date is 7 days and more after the contracted delivery date, without any «Force Majeure” event, the client can, within a sixty working days lapse of time from this date, cancel the sales contract by registered mail with acknowledgement of receipt. The contract is then considered to be cancelled, i.e. terminated, when the letter is received by the seller, unless a shipment occurred in the meantime.
Here are the « Force Majeure » events freeing NVS from its obligation to deliver: war events, riots, fire damages, strike and other social events, accidents, impossible supplies, etc.
In all cases, delivery within the set lead-times can only occur if the purchaser is in line with its obligations towards NVS, whatever the cause might be.

4-DELIVERIES-RISKS
In accordance with the French Civil Code Article n° 1609, delivery takes place in Sundhoffen, France. If the purchaser entrusts the seller with the search and selection of a freight forwarder, the seller acts with a mandate from the purchaser. The buyer is committed to refund to the seller any incurred costs except in case of the agreed inclusion of freight costs in the contracted selling costs. In all cases the sold goods travel at the purchaser’s risks who shall introduce a claim to the forwarder for problems such as damaged or missing goods. These claims must be lodged within a maximum of 3 days from the date of receipt by registered mail with acknowledgement of receipt or through extra judiciary acts.

5-RECEIPT
Apart from missing or damaged goods, claims on apparent non conformity of the delivered products to the ordered products, or hidden vices, must be lodged within a maximum of 3 days from the date of receipt by registered mail with acknowledgement of receipt.
It will be up to the purchaser to prove these cases and the consequent damages.
The purchaser must give NVS all means to witness these claims and to remedy them.
The purchaser will refrain from correcting or modifying the products, or having theme corrected or modified by a third party.

6-GOODS RETURNS-DETAILS
Any product return must follow a formalized mutual agreement between the purchaser and NVS.
Any product returned outside of such an agreement would be made available to the purchaser without generating any refund.
Risks and costs arising from such a return are always on the purchaser.
No return shall be agreed upon more than 8 days after the delivery date.

7-GOODS RETURNS-CONSEQUENCES
Any return of goods accepted by NVS will generate a credit to the client, after thorough check (quantity and quality) of the returned goods.
In case of apparent default or non conformity of the delivered , duly confirmed by NVS in the here above specified conditions (article n°5), the buyer will obtain a replacement free of cost, or a cash refund, at the option of the seller, excluding any indemnity or damage cover.

8-RESPONSIBILITY
Would NVS ‘s responsibility be involved, the damages coverage will never exceed the price paid by the purchaser. Moreover NVS cannot be held responsible for any reason of any direct or indirect consecutive damage, material or not, following a default or a non conformity of the delivered goods, or following an intervention of NVS’s employees, except when a “faute lourde” can be established.

9-GUARANTEE EXTENSE
The products are guaranteed against any default arising from raw materials or manufacturing for a one year period from the shipment date.
Interventions during the warranty period are not extending its duration.
The invoice will be required when the warranty protection is requested.
Within this warranty NVS’s only obligation is the replacement free of charge or the repair of the product by its resources (except for transportation fees).

10-GUARANTEE-EXCLUSION
The guarantee does not apply to faults or damage due to natural wear and tear or resulting from an accident (wrongly assembly, faulty maintenance, abnormal use, etc) or from a modification made to the product not intended nor specified by NVS. The product must be set on a perfectly flat and horizontal surface and thus NVS declines all responsibility in case the installation does not conform with this obligation.
The guarantee does not cover apparent faults, that should be notified by the purchaser under the conditions set out in Article 5.

11-PRICES
Our prices are net.
Any taxes, duties, services to be paid when implementing French regulations or those of the importing country or in transit, are upon the buyer.
NVS maintains during 4 months the price level of a product as per the written order.
If delivery did not occur during these 4 months and if the delay is not due to the buyer, the price level will be kept the same until the product can be made available, unless a Force Majeure case is at stake.

12-PAYMENT – DELAY OR DEFAULT
In case of delayed payment, NVS can suspend all pending orders, without limiting other actions.
Any amount not paid on due date will generate without notice an interest payment based on the Banque de France official rate on the invoice date + nine (9) %.
The interests are due from the planned payment date.
In case of an absence of payment, 48 hours after an official request, the sale will be legally cancelled if NVS wishes to. The seller will be able to demand (French “référé” procedure) the return of products, without restricting any further request of costs & damages.
Any payment recovered through a legal procedure will be increased as a penalization. The amount shall be a lump sum of 15% of the unpaid amount.
In all cases no payment can be suspended or compensated without the prior and written agreement of NVS.

13- OWNERSHIP RESERVE CLAUSE
The ownership transfer of the products is delayed until the payment is totally made.
The buyer covers all risks generated by the products until the payment is totally made.
In case the payment does not occur, NVS may demand, without restricting its other rights, by registered mail with acknowledgement of receipt, the products return at the buyer’s own risks and costs.
The buyer shall pay an indemnification of 7.5% of the goods value by month between the delivery and the return of the goods to NVS.

14-COMPETENCE CLAUSE
The only competent jurisdiction for claims arising from an order fulfilment and related litigation is the Court of COLMAR, France.

15-TRANSLATION
These sales conditions have been translated to assist non French speaking customers and readers. As the sales contract are covered by French law, the French version remains the only valid legal text in case of claims introduced to the here above mentioned jurisdiction.