Domaine Famille Bourgeois
General terms and conditions of sale
The present terms and conditions define the general terms and conditions of sale of the Internet site https://famillebourgeois-boutique.fr/ (hereinafter “the Site”) and of the general website www.famillebourgeois-sancerre.com published by S.A.S. HENRI BOURGEOIS, BP 16 – CHAVIGNOL – 18300 SANCERRE (SIREN 314 196 197), represented by its President (hereinafter “SAS HENRI BOURGEOIS”).
The present general terms and conditions define the conditions applicable to any sale by SAS HENRI BOURGEOIS of the Products and Services it markets through the Site.
The Products and Services are exclusively intended to be sold to consumers (within the meaning of the preliminary article of the Consumer Code) located in France.
Any professional or merchant wishing to purchase Products and Services should make a request directly to S.A.S. HENRI BOURGEOIS at the following address: contact@famillebourgeois-sancerre.com
No sale can be finalized through the Site without the express and unreserved acceptance of the present terms and conditions and of the privacy and data management policy accessible from the following link https://famillebourgeois-sancerre.com/politique-de-gestion-des-donnees/.
Persons who have not accepted these general conditions and the privacy and data management policy may not order Products and Services on the Site.
It is reminded that the sale of alcohol to persons under 18 years of age is prohibited (Article L. 3342-1 of the Public Health Code).
Article 1: Definitions
Each term beginning with a capital letter has the meaning indicated in its definition, whether it is in the singular or plural.
Customer: refers to the consumer who orders on the Site.
Account: refers to the space reserved for the Customer on which he/she logs in to order Products or Services.
Products: refers to the wines marketed on the Site.
Services: refers to the wine tourism services marketed on the Site.
Visitor: refers to any natural person who connects to the Site without being a Customer.
Article 2: Presentation of the Site
The Site allows Visitors :
– access information about the Products and Services offered on the Site,
– to open an Account to become a Customer.
Article 3: Opening of an Account
The order of the Products and Services offered on the Site requires the opening of an Account and the acceptance of the present general conditions and the policy of confidentiality and data management.
The opening of the Account is validated after filling in the requested information. The Customer agrees to provide accurate and precise personal information when opening an Account.
The opening of an Account is reserved to the major persons.
Prior to registration, SAS HENRI BOURGEOIS verifies the email address provided by sending an email asking the Customer to confirm his registration by clicking on a link.
Each Client has a login and a password to connect to his Account. Only the Account holder is authorized to connect using the login and password corresponding to the Account.
The Customer agrees to keep his password strictly confidential.
In this respect, any use of a Customer’s Account is deemed to have been made by the Customer himself or with his authorization, unless the Customer is able to demonstrate that his Account has been hacked. In the event that his Account is hacked, the Customer undertakes to inform SAS HENRI BOURGEOIS without delay, which may, in such a case, suspend his Account without compensation, prior notice or prior information.
An Account may not be sold or transferred to another individual or legal entity without the express consent of SAS HENRI BOURGEOIS.
Article 4: Products and Services
4.1. Products
4.1.1. Product sheets
The essential characteristics of the Products marketed on the Site and their respective prices are mentioned on the Product sheets accessible on the Site, in accordance with Article L.111-1 of the Consumer Code.
The Customer acknowledges having read, at the time of placing the order, the information relating to the Products and expressly declares that he/she accepts it without reservation. This information is also indicated on the label of the Products sent to the Customer.
SAS HENRI BOURGEOIS reserves the right to modify the Products offered on the Site at any time and without notice. It is the Customer’s responsibility, before each order, to check the information concerning the Products.
4.1.2. Stocks
The Products are offered for sale on the Site within the limits of available stocks. The availability of each Product is indicated on its presentation page.
The Customer’s attention is drawn to the fact that the Products may be temporarily or permanently unavailable. SAS HENRI BOURGEOIS shall not be held liable in the event that the Products are out of stock or unavailable.
Due to delivery constraints as well as to ensure better availability of the Products to all of the Site’s Customers, SAS HENRI BOURGEOIS reserves the right to limit the quantity of Products that may be purchased by the Customer, all in accordance with the provisions applicable in this regard and in particular those of article L.121-11 of the French Consumer Code. In this case, placing an order on the Site may be temporarily unavailable when the order limit is reached.
4.2. Services
4.2.1. Presentation of the Services
The essential characteristics of the marketed Services and their respective prices are presented on the Site, in accordance with Article L.111-1 of the Consumer Code.
The Customer acknowledges that he/she has read the information relating to the Services at the time of placing his/her order and expressly declares that he/she accepts it without reservation.
SAS HENRI BOURGEOIS reserves the right to modify the Services offered on the Site at any time and without notice. It is the Customer’s responsibility, before each order, to check the information relating to the Services offered.
4.2.2 Availability
The Services are offered for sale on the Site subject to availability. The Site indicates the dates and times of availability of the Services at the time of placing the order.
The Services are ordered in real time on the Site for a day and time chosen by the Customer and tickets are issued. Each ticket gives access to the corresponding Service only once.
4.2.3 Tickets
The ticket(s) sent by email following the order, under the conditions provided for in Article 6, specify the essential characteristics of the Services ordered and can be printed out as soon as the confirmation email is received.
All ticket purchases are firm and final. The Customer may not request any cancellation or modification once payment has been confirmed.
Exceptionally, Services that have not yet been delivered to the Customer may be cancelled by sending an email (reservation@famillebourgeois-sancerre.com) up to 48 hours before the start of the service.
The cancelled Service(s) will be reimbursed by the chosen payment method within 14 days after the cancellation request has been accepted.
For any question or complaint regarding his or her ticket order, the Customer may contact SAS HENRI BOURGEOIS by telephone (02 48 78 26 57) or by email (reservation@famillebourgeois-sancerre.com).
4.3. Photographs
The photographs of the Products and Services appearing on the Site, as well as any suggestions for presentation, are for illustrative purposes only and have no contractual value.
Article 5: Prohibition of the sale of alcohol to minors
The sale of alcohol to minors is prohibited.
The Customer declares to be at least 18 years old at the date of the order.
In accordance with article L.3342-1 of the French Public Health Code, SAS HENRI BOURGEOIS may require the Customer to provide proof of age when ordering online. Should the Customer fail to provide such proof, SAS HENRI BOURGEOIS may legitimately refuse to sell the alcoholic beverages. Indeed, the condition of majority being a necessary condition for the order, its lack of justification constitutes a legitimate reason for refusing to sell the drinks.
It is reminded that the abuse of alcohol is dangerous for health and that it must be consumed in moderation.
Article 6: Ordering Products and/or Services
The order of Products and/or Services on the Site is carried out according to the following steps:
– information on the essential characteristics of the Products and/or Services and their price;
– choosing the Products and/or Services and the quantities;
– connection to the Customer’s Account;
– Checking the shopping cart with the order elements and, if necessary, correcting any errors;
– choosing the method of delivery of the Products and filling in the delivery address of the order, if necessary;
– acceptance of the current GTC;
– following the instructions for the payment of the order, and payment of the Products and/or Services by clicking on the “order with payment obligation” button.
Upon completion of the order and subject to full payment, the Customer will receive a confirmation of payment by e-mail, as well as an acknowledgement of receipt confirming that the order has been taken into account.
The confirmation e-mail summarizes in particular the Products and/or Services purchased, their quantities, their prices, the total amount of the order (including VAT), the delivery times and costs for the Products, the tickets in PDF format for the Services, and also contains a copy in PDF format of the GTC, the withdrawal form and the accepted privacy policy, as well as the invoice relating to the order.
SAS HENRI BOURGEOIS reserves the right to cancel or refuse the order (i) if the personal information provided by the Customer is incomplete or erroneous, (ii) if the payment is unsuccessful or rejected by the bank, and/or (iii) following a payment incident that occurred on a previous order of the Customer.
The lack of confirmation shall not be construed as confirmation and acceptance of the order.
By the mere fact of placing an order, the Customer expressly waives the benefit of Article 1587 of the Civil Code, which provides for the final conclusion of the sale of wine only after tasting and approval by the Customer.
Article 7: Prices of Products and Services
The prices of the Products and Services are indicated in Euros, all taxes included (including VAT).
SAS HENRI BOURGEOIS reserves the right to modify the prices of the Products and Services offered on the Site at any time and without notice. The Products and Services are invoiced on the basis of the prices displayed on the Site at the time the order is placed, subject to the availability of the Products and Services ordered at that time.
All orders are payable in Euros and must be paid immediately upon placing the order.
The accepted payment cards are : CB, Visa, Mastercard.
Payments by card are authenticated and secured thanks to the 3D-Secure system. During the payment, the bank asks for personal information from the Customer in order to verify the identity of the cardholder and to validate the transaction. In any case, at no time do the Customer’s financial data pass through SAS HENRI BOURGEOIS’ computer system.
By communicating his banking information at the time of the sale, the Customer authorizes SAS HENRI BOURGEOIS to debit his card for the amount of the price indicated. The Client confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In case of error, or impossibility to debit the card, the sale is immediately cancelled by right and the order cancelled.
The Customer will receive his invoice by e-mail and may request a paper copy of his invoice from SAS HENRI BOURGEOIS by sending an e-mail to contact@famillebourgeois-sancerre.com
Article 8: Delivery of the Products
8.1. Terms of delivery
The Products purchased on the Site are delivered in Metropolitan France to the delivery address that the Customer has indicated during the order process. It is the Customer’s responsibility to verify the accuracy of the information entered before validating the order.
In the event of an error in the Customer’s contact information, neither SAS HENRI BOURGEOIS nor the carrier may be held responsible for the impossibility of delivering the order.
Orders are shipped by Chronopost.
The Customer’s attention is drawn to the fact that the transfer of risks relating to the Products takes place as of the delivery to the address indicated at the time of the order.
8.2. Delivery costs
Delivery charges are payable by the Customer. The delivery costs due are indicated to the Customer as he chooses the Products and are invoiced to him at the end of the order in addition to the price of the selected Products.
8.3. Delivery times
SAS HENRI BOURGEOIS undertakes to deliver the Products within 14 working days (unless otherwise agreed by the parties) from the date of receipt of the order and payment of the corresponding price.
8.4. Delay in delivery
Any defect or delay in delivery, exceeding the delivery time mentioned in article 8.3 above, must be reported to SAS HENRI BOURGEOIS at the following address contact@famillebourgeois-sancerre.com.
In the event of late delivery, the Customer has the right to request the cancellation of the order by e-mail to the following address contact@famillebourgeois-sancerre.com
SAS HENRI BOURGEOIS shall then be obliged to reimburse the Customer for all sums paid within fourteen (14) days of receipt of the request to cancel the order. In the event of receipt of the order after cancellation, the Customer shall return it in full to SAS HENRI BOURGEOIS in accordance with the terms and conditions set forth in Article 8 below.
8.5. Receipt of the order
If, at the time of delivery, the original packaging is damaged, torn or open, the Customer must check the condition of the items.
If they have been damaged, the Customer must imperatively indicate on the delivery form and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery form, damaged package, broken products…). This verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm these reservations to the carrier by registered mail within two working days of receiving the Product(s) and send a copy of this letter by email to contact@famillebourgeois-sancerre.com.
Any complaint formulated after this deadline will not be accepted.
The Customer must provide any justification as to the reality of the non-conformities, damages or defects observed.
SAS HENRI BOURGEOIS undertakes to respond to all requests or claims within a maximum of seven (7) days from the date of receipt thereof.
In case of anomaly noted by SAS HENRI BOURGEOIS, the Customer may return them to the following address – SAS HENRI BOURGEOIS, Service clients, BP 16 – CHAVIGNOL – 18300 SANCERRE – and ask for an exchange or request a refund of the sums paid (including the delivery and return costs).
Article 9: Right of withdrawal
9.1 Right of withdrawal following the order of Products
The Customer has a period of fourteen (14) days from the day following the receipt of his order of Products to exercise his right of withdrawal.
If this period expires on a Saturday, a Sunday or a holiday, it is extended to the next working day.
The right of withdrawal is free and can be exercised without justification.
To withdraw, the Customer shall print, complete and send this withdrawal form before the expiry of the aforementioned period, or send any other form with equivalent indications.
The Customer will receive, on the email address indicated at the time of the opening of his Account, an acknowledgement of receipt of his request.
In case of exercising the right of withdrawal, the Customer will have to return the Products within 14 days following the communication of his decision to withdraw.
The Products must be returned by the Customer, at his/her expense, in their original state, complete, in good condition, and accompanied by the purchase invoice to the following address SAS HENRI BOURGEOIS, Customer Service, BP 16 – CHAVIGNOL – 18300 SANCERRE. The Products must be in perfect condition for resale.
Products returned open, incomplete, damaged by the Customer or in such a dirty state that they are unsaleable because they have been depreciated will be returned to the Customer. The Customer may be held liable.
The Customer will be reimbursed for all sums paid (including delivery charges, except for additional charges if the Customer has chosen a more expensive delivery method than the standard one offered) at the latest within 14 days following the recovery of the Products.
The refund will be made using the same payment method as the one used by the Customer for the initial transaction.
9.2 No right of withdrawal following the order of Services
In accordance with Article L.221-28 of the French Consumer Code, “the right of withdrawal cannot be exercised for contracts: (…) 12° for the provision of services (…) for leisure activities that must be provided on a specific date or during a specific period of time”.
The Customer does not have a right of withdrawal for the Services ordered on the Site since they are reserved for a specific date and time.
Article 10: Warranty on the Products
SAS HENRI BOURGEOIS shall be held liable for any Product conformity defects in accordance with the provisions of article L. 217-1 et seq. and for any hidden defects in accordance with the provisions of articles 1641 et seq. of the French Civil Code.
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in case of appearance of a defect of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, without charge and without major inconvenience to him.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by obtaining a full refund in exchange for the return of the good, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replaced good;
4° The non-conformity of the goods persists despite the seller’s attempt to bring the goods into conformity, which has been unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or the rescission of the contract being immediate. The consumer is then not obliged to ask for the repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the good for repair or replacement suspends the warranty that was still running until the delivery of the good in its original condition.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
The request for replacement or reimbursement of the Products is made directly by e-mail to contact@famillebourgeois-sancerre.com.
When the Products must be returned, they must be sent to SAS HENRI BOURGEOIS – Route de Menetou-Râtel – CHAVIGNOL – 18300 SANCERRE, with the return slip that will be sent to the Customer by the customer service.
In the event of a request for reimbursement and subject to confirmation of the existence of the lack of conformity or latent defect, the Client shall be reimbursed the total amount paid, including shipping and return fees, no later than fourteen (14) days following receipt of the Products by SAS HENRI BOURGEOIS.
Given the specific nature of the Products requiring the respect of certain storage conditions necessary for their proper preservation (control of temperature, luminosity, and hygrometry), all Products that have suffered deterioration or degradation resulting from their preservation in conditions likely to alter them are excluded from the guarantee.
Article 11: Notices and comments
SAS HENRI BOURGEOIS hosts the notices and comments of the Clients accessible on the Site.
The notices and comments will be published under the first name and initial of the Customer’s name.
The Customer acknowledges that he is solely responsible for the opinions and comments he publishes on the Site. The Customer undertakes not to disseminate any racist, defamatory, disparaging or insulting remarks, and more generally contrary to the laws and regulations in force, infringing on the rights of third parties, public order and good morals.
For any useful purpose, Internet users may alert SAS HENRI BOURGEOIS to the presence of comments likely to infringe the rights of third parties, by writing an email to contact@famillebourgeois-sancerre.com
In any case, SAS HENRI BOURGEOIS can only be considered as a host in the sense of article 6-I-2 of the law of June 21, 2004 for confidence in the digital economy.
In this respect, SAS HENRI BOURGEOIS can only be held responsible for illicit content if, having been duly informed of its illicit nature, it has not acted promptly to remove it or make access to it impossible.
Article 12: Closing the Account
12.1. Voluntary closure of the account
The Customer may close his Account at any time by sending a request by email to the following address: contact@famillebourgeois-sancerre.com
12.2. Suspension of the Account
SAS HENRI BOURGEOIS reserves the right, at any time and without prior notice, to suspend the Account of a Customer who violates the provisions of articles 3 to 16 of these General Terms and Conditions, and in particular the prohibition on reselling Products to third parties.
12.3 Closure of the Account for violation of these General Terms and Conditions
Following the suspension of the Account in application of paragraph 12.2 above or, in the event of the Customer’s failure to meet any of its obligations, which has not been remedied within seven (7) days following formal notice sent to the email address mentioned at the time of opening the Account, SAS HENRI BOURGEOIS may proceed to close the Account as of right and without legal formalities, without prejudice to compensation for any damages that may have been incurred by SAS HENRI BOURGEOIS.
12.4 Closure for non-use of the Account
Subject to informing the Client in advance by email and unless the Client has indicated otherwise, SAS HENRI BOURGEOIS reserves the right to close an Account on which no connection has been made for a period of 36 consecutive months.
12.5. Consequences of closing an Account
The reviews and comments posted by a Customer remain visible on the Site after the closure of his Account, unless the Customer expressly requests otherwise.
The closure of the Account for any reason whatsoever, does not give any right to compensation to the benefit of the Customer, nor to any refund.
Article 13: Responsibility
SAS HENRI BOURGEOIS may modify the content and functionalities of the Site without prior notice, without being held liable. Furthermore, SAS HENRI BOURGEOIS may not be held liable in the event of the temporary or total unavailability of all or part of the Site, of any difficulty related to response time or, more generally, of any performance defect.
The Products sold on the Site are intended to be stored and consumed in accordance with the information provided by SAS HENRI BOURGEOIS.
SAS HENRI BOURGEOIS shall not be held responsible for the consequences resulting from the improper use of the Products sold on the Site or from their improper storage by the Customer.
The Products and Services sold are not intended to be resold by the Customer, who is therefore prohibited from reselling the Products to third parties.
SAS HENRI BOURGEOIS shall not be held liable in the event of non-performance or improper performance of its obligations resulting from an unforeseeable and insurmountable act of a third party, in particular the carrier, nor in the event of malfunctioning of the Site due to an interruption of the Internet network for any reason whatsoever or to a failure of the server hosting system used by SAS HENRI BOURGEOIS.
SAS HENRI BOURGEOIS shall not be held responsible for the non-performance of the contract entered into in the event of force majeure, a fortuitous event or a cause beyond its control, such as, in particular: natural disasters, war, earthquakes, pandemics, fire, explosions, riots, intervention by government authorities, bad weather, water damage, malfunction or interruption of the electrical or telecommunications network.
Article 14: Personal Data
The conditions of collection, processing and the modalities of exercising the rights of the Customers concerning their personal data are detailed in the Privacy and Data Management Policy which they accept and which is accessible from the following link: https://famillebourgeois-sancerre.com/politique-de-gestion-des-donnees/
Although their telephone details are not collected by SAS HENRI BOURGEOIS for canvassing purposes, the Customer is informed, in accordance with the provisions of article L.223-1 of the French Consumer Code, that if they do not wish to be the subject of commercial canvassing by telephone, they may register free of charge on a list of opposition to telephone canvassing on the website www.bloctel.gouv.fr
Article 15: Cookies
In order to improve the interactivity of the Site as well as the Customer’s experience, SAS HENRI BOURGEOIS may track the Customer’s browsing using cookies or any other technique that makes it possible to trace the Customer’s browsing on the Site and to collect data concerning him.
A cookie is an element that does not allow the Customer to be identified but is used to record information relative to his navigation within the Site.
Cookies thus enable SAS HENRI BOURGEOIS to constantly improve the Site and the recognition of the Customer when he connects, and may also be used for statistical purposes.
The Customer is informed of the existence of cookies by a banner appearing on the Site. He can oppose the setting of cookies at any time directly on the Site.
The cookies used by the Site are intended to :
– ensure the connection of the Customer to his Account;
– to follow the navigation of the Customer on the Site;
– to carry out statistics of use of the Site.
The Client is informed that a setting allowing the exclusion of cookies is likely to restrict certain functionalities of the Site. SAS HENRI BOURGEOIS shall not be held responsible for this.
Article 16: Intellectual Property
All intellectual property rights pertaining to the elements contained on the Site, including but not limited to copyrights (notably on texts, photographs, drawings, graphics, logos, etc.) and trademarks, remain the exclusive property of SAS HENRI BOURGEOIS, in accordance with the applicable provisions of the Intellectual Property Code.
Any total or partial reproduction of this Site or of any of its elements without the express prior authorization of SAS HENRI BOURGEOIS is prohibited.
Article 17: Miscellaneous
In the event of nullity of one of the stipulations of the present general conditions of sale, it will be replaced by a stipulation whose content will be as similar as possible to the cancelled provision, provided that the new provision is balanced and does not affect the rights of the Customers.
The headings of the articles of the present general conditions appear only for convenience and do not affect in any way the meaning of the provisions to which they refer.
No tolerance by SAS HENRI BOURGEOIS, even if repeated, shall constitute a waiver of any of the provisions of these General Terms and Conditions.
The General Conditions may be modified at any time by SAS HENRI BOURGEOIS. In the event of modification, the General Conditions applicable are those in force on the date of the order.
No special condition may, unless formally accepted in writing by SAS HENRI BOURGEOIS, prevail over the present General Conditions.
Article 18: Settlement of disputes
The present general conditions are subject to French law.
In the event of a dispute relating to the validity, interpretation or execution of the present conditions, the Customer may address his claim in writing to contact@famillebourgeois-sancerre.com or to SAS HENRI BOURGEOIS, Customer Service, BP 16 – CHAVIGNOL – 18300 SANCERRE.
If the dispute with SAS HENRI BOURGEOIS persists despite his written complaint, the Customer may, in order to attempt to settle it, refer the matter to a consumer mediator within one (1) year of his complaint to SAS HENRI BOURGEOIS at the following address Médiateur du e-commerce de la FEVAD, 60 rue la Boétie, 75008 Paris, mediateurduecommerce@fevad.com, www.fevad.com
In the absence of an amicable resolution, any dispute shall be under the exclusive jurisdiction of the competent French courts.
LEGAL NOTICE
The website www.famillebourgeois-sancerre.com is published by the company HENRI BOURGEOIS, SAS registered in the Bourges Trade and Companies Register under the number 314 196 197, whose head office is located at BP 16 – CHAVIGNOL – 18300 SANCERRE, represented by its President.
Contact : contact@famillebourgeois-sancerre.com and phone number 02 48 78 26 53
VAT NUMBER : FR27314196197
Responsible for the publication : Stéphane GERARDIN
Host : OVH SAS : 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1
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WITHDRAWAL FORM
To the attention of SAS HENRI BOURGEOIS, Customer Services
BP 16 – CHAVIGNOL – 18300 SANCERRE
contact@famillebourgeois-sancerre.com
I hereby notify you of the withdrawal of my order n° dated
Name and address of the Customer :
Signature : Date :
