Penalties for delay:
The conditions of application and the interest rate of the penalties due in case of late payment. Late payment occurs if payment is made after the date mentioned on the invoice.
The interest rate provided for in the GTC generally corresponds to the half-yearly key rate (refinancing rate or Refi) of the European Central Bank (ECB), in force on 1 January or 1 July, increased by 10 points.
Example: 10.00% (0.00 + 10) for penalties due since July 1, 2019.
History of the European Central Bank's key interest rate :
But it can be lower, but not below the minimum rate of 2.52% (from July 1, 2020), corresponding to 3 times the legal interest rate (= 3 x 0.84%).
The rate, annual or monthly, can be converted into a daily rate. It is then multiplied by the number of days elapsed between the due date and the collection date (or the date on which the calculation is made, if payment has not yet been made).
It is applied to the amount of the invoice including VAT.
Penalties are payable without the need for a reminder: sending a registered letter is not required to trigger the right to receive late payment penalties.
They accrue from the day following the payment date shown on the invoice or, failing that, on the 31st day following the date of receipt of the goods or the end of the performance of the service.
They are not subject to VAT.
Compensation for collection costs:
A lump-sum compensation of € 40 is due to the creditor for collection costs in the event of late payment.
It is only applicable to activities subject to the Commercial Code (not to commercial leases and insurance for example).
However, the indemnity does not apply if the debtor is in the process of safeguard proceedings, receivership or judicial liquidation.
This lump sum is in addition to the late payment penalties, but is not included in the basis for calculating the penalties.
Even if the crediting company is not obliged to apply it (in which case it is a commercial gesture), the indemnity must be mentioned in the payment conditions of all contractual documents (GTC, invoice in particular).
If the collection costs actually incurred are higher than this lump sum, an additional indemnity may be requested upon justification. This is notably the case for the use of a firm in charge of reminders and formal notices.
As for late payment penalties, the compensation is due the day after the due date and is not subject to VAT.
The compensation is due in full even in the event of partial payment of the invoice on the due date, regardless of the duration of the delay (it is not due for each day of delay).
Stoppered bottles :
Responsibility for corked bottles lies with the property (or dealer) designated as the bottler. In case of cork taste, the procedure is as follows: return the bottle (full or practically full) and its original cork with an accompanying letter stipulating the purchase from our company. Upon receipt, we send the claim to the property (or dealer) concerned who will judge the validity of the request and decide whether or not to replace the cork. As soon as we receive the reply, we will inform you and, in the event of a positive decision, we will proceed with the replacement proposed by the property (or dealer).