Conditions of sales & supply

All wines are subject to availability, without incurring any liability and unless sold.

The present general terms and conditions, as well as our rates, are subject to change without notice. Only the contract between N2B and its customer guarantees a price for a given order.

Rates

All rates are in euros (€) excluding value added tax, Ex-Cellar (EXW).

The cellar is located in CAZOULS-LES-BEZIERS F34370, unless otherwise specified in the contract, for instance bottlings in Spain & Italy, as to respect legislation in force.

VAT

The regulation is fixed by the European Union:

  1. For shipments to inside the European Union:
  2. For shipments to outside of the European Union: the buyer will not be charged taxes and duties.

Collection

The order’s collection is at the cost of the customer, also in charge of it’s organisation. The transfer of responsability is then effective.

Contract & withdrawal period

Any order, including placed through our website, must be validated by N2B sending a contract. The buyer then has a period of ten days to withdraw or accept the contract. If the buyer accepts the contract he/she sends it back duly signed, which can be in person, by mail, by fax or scanned by e-mail. If he/she is late to accept it (the 10 days have expired) a new contract will be sent.

Conditions to process order

Any order will only be processed once all conditions here below have been completed, within the 10 days following the contract’s date of issue:

  1. N2B has received the contract signed back;
  2. N2B has received the dawn payment through bank transfer, which its amount has been specified in the contract;
  3. N2B has received a promissory note denominated in euros, with a face value that matches the total estimate in the contract minus the down payment. The promissory note‘s maturity date is set at 60 days after latest agreed collection date.

Down payment amount

The down payment amount is set by N2B in the contract. It is based on the amount N2B must spend for the dry materials on one hand (paid at order so to benefit from an additional discount for the customer) and on the other hand 15% of the wine’s price in case of withdrawal from the customer, which would involve that percentage in compensation for the producer.

Labels and back labels

The customer has the opportunity, if desired, to design the wine’s label, (including through the N2B web site) but only N2B signs the final label-proof as its liability is involved. If the customer wishes to supply the labels / back labels, N2B has a right to control compliance with existing legislation.

The buyer’s withdrawal once the contract has been signed

If N2B’s customer decides to withdraw after his order has been validated and that he has fulfilled all conditions to proceed, several cases can arise:

  1. N2B can still cancel its dry material orders (not yet paid), and can still cancel the wine order without having to pay compensation (contract with producer not yet signed). In that case N2B pays the down payment back to its customer and sends him back the promissory note.
  2. N2B can still cancel either one or the other of the above, thus pays back the part not yet incurred and sends back the promissory note.
  3. N2B has already paid the dry materials and signed the contract with the wine producer. In this case N2B keeps all of the down payment, but sends back the promissory note. N2B will hold stock of the dry materials for his customer to collect. However if his customer doesn’t collect it within a month, N2B will be free to use it for another customer, or to discard it.
  4. N2B has already paid the dry materials and received the wine in bulk. In this case N2B decides whether to cancel the bottling or not, and holds stock for a month to allow his customer to collect either dry materials and bulk, or the bottled wine as if nothing was cancelled. Both ways the customer doesn’t get back his down payment nor his promissory note.

The seller’s withdrawal once the contract has been signed

In the case of N2B being forced to cancel or postpone the order, N2B immediately informs his customer. It can be for instance a non-compliant control sample when receiving the ordered wine in bulk, or a similar problem with some of the dry materials. If N2B cannot be held responsible (victim of the supplier’s fault) N2B will recourse against his supplier while offering his customer an alternative when possible (for example another wine, very similar to the one originally chosen), eventually involving a new contract.

If the customer refuses the alternative, N2B pays back immediately what can be (the eventual dry materials not yet paid), and everything else within 10 days from the day of collecting payment, eventually except for the part involved with the contentious supply in the case of the customer being held responsible (for instance N2B had to refuse the labels sent by the customer because they are not in compliance with the legislation in force).

Litigation

The Béziers Commercial Court has exclusive jurisdiction over any disputes arising from the application of these conditions of sale and supply.