Terms & Conditions of Sale
Version in force as of 11 June 2026.
This is a courtesy translation. In the event of any discrepancy, the French version (maisonchape.fr/cgv) shall prevail. Part I applies to all sales, in particular to professional buyers (B2B). Part II applies to consumers and prevails over Part I for them.
Part I — General terms (all sales & trade buyers)
1. Orders
Orders are final only once confirmed in writing by the seller. Commitments made by agents bind the seller only after written confirmation from its head office. Orders are fulfilled in order of arrival, subject to availability. Any modification or cancellation must reach the seller in writing before dispatch.
2. Transport — delivery
Delivery takes place at the seller’s warehouse, by handover to the buyer or to the carrier. Delivery times are indicative; a delay does not give rise to cancellation or compensation unless, 15 days after an unsuccessful formal notice, the products have not been delivered, in which case the sale may be terminated and any deposit refunded, to the exclusion of damages.
Between professionals, goods travel at the consignee’s risk. Damage or shortage must be notified to the carrier and confirmed by registered letter within three (3) days of receipt; claims for visible defects or non-conformity must be made in writing within eight (8) days of arrival. Returns require the seller’s prior written approval; return costs and risks are borne by the buyer. Where a visible defect or non-conformity is established, the buyer may obtain free replacement or refund, at the seller’s option, to the exclusion of any damages.
For exports, the buyer is responsible for compliance with the legislation of the destination country.
3. Warranties (B2B)
Wine is a biologically living product that evolves over time. The seller’s liability does not apply where the wine has become unfit for consumption due to non-compliant storage or transport, negligence in conservation, unauthorised intervention, or force majeure. Between professionals, liability is limited to replacement of defective products; no claim is admissible more than ten (10) days after receipt.
4. Prices and payment (B2B)
Trade prices are those in force on the order date, in euros, exclusive of taxes. Unless otherwise agreed, invoices are payable at 30 days net, and never later than 60 days. Late payment automatically incurs penalties at three (3) times the French statutory interest rate, plus a fixed recovery indemnity of €40 per unpaid invoice (articles L441-10 and D441-5 of the French Commercial Code); additional compensation may be claimed upon proof. In the event of payment default 48 hours after an unsuccessful formal notice, the sale may be terminated and all outstanding amounts become immediately due.
5. Taxes and excise documents
Any tax or duty payable under the regulations of an importing or transit country is borne by the buyer. For intra-EU deliveries under duty suspension, the consignee must discharge the electronic administrative document (e-AD/EMCS) within the regulatory deadlines, failing which the buyer shall reimburse the seller all duties and penalties claimed by the authorities.
6. Retention of title
Ownership of the wines passes only upon full payment of the price. Handing over a bill of exchange does not constitute payment. Risks pass to the buyer upon delivery; the buyer must insure the goods. Until full payment, the buyer must individualise the goods, may not pledge them, and may resell them only in the normal course of business, informing sub-purchasers of this clause.
7. Force majeure
The seller is released from its obligations in cases of force majeure or events beyond its control (fire, frost, strike, epidemic, supply difficulties, war, natural disaster…). Delivery obligations are extended by the duration of the event; beyond 30 days, either party may cancel the affected order without penalty.
8. Personal data
Personal data are processed in accordance with the GDPR, solely for the business relationship. Rights of access, rectification, erasure, portability, objection and restriction: see our data protection page.
9. Disputes (B2B) and applicable law
For sales between professionals, the Commercial Court of Toulouse (seller’s registered office) has exclusive jurisdiction, including for summary proceedings. These terms and the sales they govern are subject to French law and, supplementarily for international sales, to the Vienna Convention (CISG).
Part II — Consumer provisions
10. Prices and pre-contractual information
Prices quoted to consumers are inclusive of all taxes (TTC); any delivery costs are indicated before the order is confirmed. Before any distance contract is concluded, the consumer receives a clear summary of the order, the total price and delivery terms.
11. Sale of alcohol — adults only
The sale of alcohol to minors under eighteen (18) is prohibited. By ordering, the buyer declares being at least 18 years old; proof of age may be required at ordering and delivery. Alcohol abuse is dangerous for health — drink responsibly.
12. Delivery and transfer of risk
The seller delivers to the consumer on the agreed date and, failing that, no later than thirty (30) days after the contract is concluded. Otherwise the consumer may terminate the contract after an unsuccessful formal notice. Risks of loss or damage pass to the consumer when they physically take possession of the products.
13. Legal guarantees
Consumers benefit from the legal guarantee of conformity (two years from delivery: replacement or, failing that, price reduction or termination, free of charge) and from the guarantee against hidden defects (French Civil Code, art. 1641 et seq.). The B2B limitations of liability and claim deadlines do not apply to consumers.
14. Right of withdrawal (distance sales)
For any distance purchase, the consumer has fourteen (14) days from receipt to withdraw, without giving reasons, by notifying the seller (letter or e-mail). The products must be returned, complete and unopened, within 14 days; direct return costs are borne by the consumer. The seller refunds all sums paid, including standard delivery costs, within 14 days of withdrawal (refund may be deferred until recovery of the goods or proof of shipment). Exceptions: beverages whose price depends on market fluctuations, unsealed goods that cannot be returned for hygiene reasons, and personalised goods.
15. Consumer mediation
In accordance with articles L612-1 et seq. of the French Consumer Code, any consumer may use, free of charge, a consumer mediator after a prior written complaint to the seller has failed. The mediator’s details are available on request and will be published on this page upon appointment. The European online dispute resolution platform is available at ec.europa.eu/consumers/odr.
16. Disputes — consumers
These terms are governed by French law. The exclusive jurisdiction clause in Part I does not apply to consumers, who may bring proceedings before the courts having territorial jurisdiction under French procedural law, including the court of the place where they resided when the contract was concluded.
Wines circulating duty paid — French excise duties paid.
ADN WINES SARL — Maison CHAPE · 6 Place Jean Sesquières · 31130 Balma · France · SIRET 985 204 353 00025 · R.C.S. Toulouse · TVA/VAT FR82 985 204 353 · erwan@maisonchape.fr