General Terms & Conditions of Sale

APPLICABLE STARTING 1st October 2013

Article 1 – Acceptance of Terms

By sending an order for our services, in doing so the customer agrees to the present general conditions of sale.
No condition, general or particular to the purchase or provision included in the various business documents of the Client cannot, except with prior formal consent in writing on
our part, prevail against the general conditions of sale. The fact that our services refraining from invoking any of the terms of sale herein at any
given moment, may not be interpreted by the Client as a waiver to avail themselves of  later.

Article 2 – Orders

Orders are only accepted with written material, i.e.: Fax, mail, electronic mail;All orders must include: – the name and signature of the customer – the delivery address and billing information. – The reference of the article and its full name. Orders for an amount of less than 60 bottles (5 cases of 12 bottles) bear a fixed increase  of 25 € ex VAT for contribution fee for processing and shipping. Orders placed cannot
be cancelled, modified or amended when their shipment is being processed. Any costs  incurred will be paid by the customer.

Article 3 – Price

Prices are in Euros ex VAT. They are plus VAT at the rate in effect on the date of delivery. Prices charged are those in effect on the day of delivery.

Article 4 – Payment

Payment is due upon receipt of invoice. Without prejudice to the foregoing, in the event of payment default by the Purchaser of a single instalment, or non-compliance with payment, we reserve the right to:

– Remove all payment facilities and specific business conditions granted immediately,- To suspend or cancel without notice or compensation any orders in progress- To demand immediate payment of the entire outstanding balance- To require cash payment for the fulfilment of any subsequent delivery, before shipment.

Article 5 – Delivery

Delivery times are indicative. The delay in delivery will not release the Purchaser’s obligation to accept the delivery.

Article 6 – Transport and Shipping

Products subject to our orders travel at our cost and risk, until they have reached the  place of delivery specified on the order.

It is up to the customer to:- Check the condition of the merchandise at the time of receipt, if necessary by opening  the package in the presence of the carrier, even if the packaging does not exhibit  external signs of shock.- Make a written, upon receipt, reserves required under the legislation,
notably specific  reservations on the transport receipt for any case of damage or missing packages (never  indicate that it is subject to unpacking).The introduction of a claim regardless of the cause, and even if it is done in a timely  manner, under any circumstances doesn’t allow the customer to delay payment of a
sum from arriving by the usual deadline. If refused, all products are returned to us by  return carrier at the expense and risk of the customer. Where applicable, the specific
requirements for each order set the conditions for this final acceptance.Article 7 – DeliveryDeliveries are made to the address indicated on the order form. The customer agrees to notify us of any change in the terms of delivery. If the customer  does not inform us of such changes, any delivery will be deemed to have been carried  out. A delay in delivery can in no way justify the cancellation of the transported goods except with prior consent, nor to result in damages and interest or any other
indemnities. If the buyer cannot take the delivery of the goods at the date of availability, any  measures taken to store these will be the responsibility of the buyer. In addition, storage  will not then change the date on which the goods are deemed delivered and nor the
payment deadlines. Photos, as well as assessments of the products are for informational purposes only and have no contractual value. A colour difference or presentation of bottles may arise as a
result of the quality of the photos or their date. The order becomes final only after confirmation of acceptance of the order by confirmation email. Any delivery to the carrier is determined by the prior and full
payment of the goods ordered and transportation costs. The seller reserves the right to refuse any order:

(i) a customer with whom one is involved in litigation or (ii) more than 10 litres of spirits or (iii) 20 litres of fortified wine or (iv) more than 90 litres of wine (a max of 60 litres of sparkling wine) from one individual in one or several orders over one month,  (v) in any other circumstances revealing that the service user is not an individual but a  professional.Article 8 – WarrantyWe guarantee that our products will conform to their description, as provided to the Buyer through Legal Notices, or any other literature that we would have provided
to the Buyer. This warranty is exclusive and is limited at our discretion either to the  replacement of products found to be defective or non-conforming, or reimbursement of the purchase price for the products to the Purchaser, and to the exclusion of any other  compensation.
All warranties are excluded in case of misuse of the products, usage non-compliant to  regulation, the indications and the instructions supplied with the product.

Article 9 – Disclaimer – insurance

In case we are not able to perform our obligations, it is expressly agreed that we will not  be liable for compensation within the limit of a sum limited to the amount of the order at  issue.
The Customer agrees to subscribe to one or more most creditworthy Insurance  Companies, all necessary insurance to sufficiently cover the liability they may incur in connection with the execution of these general conditions of sale, either of their own doing, because of people working under their management, during acts of any kind  performed in the exercise of its business or that of its employees. The Customer also
agrees to produce such contracts upon request.Article 10 – Reservation of ownershipWe retain ownership of the goods until payment of the full price, principal and  incidental, even when payment delays were granted. Any contrary clause opposed by the Client is unenforceable against us. The Customer may not sell the goods subject to this retention of title for the normal
requirements of its business; the resale price is then subrogated to the goods outstanding, up to the sums owed. We can bring into play the rights we hold under this clause reserving ownership to any
of its claims on all goods in the possession of the Customer. Goods stored by the Client  shall be deemed to be unpaid goods. We can return or claim the goods delivered, as compensation for all outstanding
invoices without prejudice to the right of resolution of orders being processed. The foregoing provisions shall not prevent the transfer to the Client, the risks of goods  subject to retention of title and the damage they could cause upon delivery of the goods  to the address indicated on the order form.

Article 11 – Exclusions

Our shipments are not subject to any obligation other than those of law and those  expressly accepted. In particular, we do not recognize any known use or clause and customs unless expressly agreed.

Article 12 – Intellectual property

Our products and brands will not be any advertising or usage in any medium without the express prior written consent from us. The Customer agrees to comply with this provision with its own potential customers. We do not transfer any right of intellectual  or industrial property to the Customer.

Article 13 – Traceability

The products offered have technical specifications that require compliance with traceability rules. As a result, customers agree to abide by all rules of traceability which  apply to the products they use or order. We will not be responsible for non-compliance  with these rules beyond the delivery point specified in the order.

Article 14 – Force majeure

Those considered as force majeure release us from our obligation to deliver, the force  majeure events that meet the criteria of the jurisprudence of French courts. In such circumstances, we will notify the Customer by any means, from the date  of knowledge of the event. The order will be automatically suspended without  compensation from the date of occurrence of the event. The Parties will use their best efforts to find a favourable outcome to the situation. If the  event were to continue more than ONE (1) month the command would be automatically  cancelled without any of the Parties being entitled to be granted damages.Article 15 – Applicable lawAll orders, whatever their form, order, market, agreement or contract shall be governed by the provisions of French law. If any provision of this contract was recognized as  invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain unchanged.

Article 16 – Election of domicile

For the implementation of these and their consequences, as well as the execution of all  contractual relations between us and our customers, the parties elect domicile in their  headquarters.

Article 17 – Jurisdiction

The Parties shall endeavour to settle all disputes amicably. If that is impossible, any dispute relating to these terms and conditions, occurring at the time of an order placed  by the Customer shall be within the exclusive jurisdiction of the Commercial Court of  Libourne, even in cases of collateral calls or multiple defendants.

Article 18 – Promotion:

Discounts and promotions cannot be combined with each other and limited to once per household (same name, same address) per year.

 

Feel free to reach us by phone at 06.15.91.47.95 or by email at contact@grand-francais.com for any questions or queries.