2′ – Domaine la Grande Bauquière cannot take into account external factors linked to EDF breakdowns, ISP failures, customer errors in the transmission of orders, etc. In all cases, the Domaine la Grande Bauquière would like its customers to send it any message or alert enabling it to correct an error or failure to receive a document as quickly as possible and enabling it to avoid triggering any penalties.
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4bis – Domaine la Grande Bauquière may refuse to deliver, if the buyer is not up to date with his obligations.
7 – Any accepted return will lead to the creation of a credit note for the benefit of the buyer and after verification of the products in quantity and quality.
In case of apparent defect or non-conformity of the delivered products and duly noted by us, the purchaser will be able to obtain the replacement or the refunding, with the exclusion of any compensation or damages.
Note: Domaine la Grande Bauquière reminds us that any compensation and arbitrary deductions of penalties or indemnities are sanctioned by article L 442-6 l 8°) of the commercial code.
8 – Our products are invoiced at the prices in force at the time of the order. The prices are net ex works, including packaging and in Euro.
Any tax, duty or other, to be paid in application of the French regulations or those of an importing country or a country of transit, will be charged to the buyer.
These prices shall automatically increase in the event of an increase in the duties, taxes and contributions applicable to them and/or in the event of a new duty, tax or contribution that would be applied to them. The increase shall be equal to the increase in duties, taxes and contributions and/or the amount of any new duty, tax or contribution and shall take effect automatically on the date of entry into force of the increase or application of this new duty, tax or contribution.
Except in the case of exceptional events for which there is good reason and which do not depend on the will of either the purchaser or the Domaine la Grande Bauquière, there can be no renegotiation clause for the rates or the particular agreements validated.
9 – An invoice in Euro is established for each delivery. It includes all the information provided for in article 31 of the ordinance of December 1, 1986 (and CC L441-3) and in particular the discounts provided for as well as the discount conditions applicable in the event of payment on a date prior to that resulting from the application of these conditions.
Any action or event related to the customer having entrained work for LE DOMAINE LA GRANDE BAUQUIÈRE except normal treatment of an order or a payment could involve the invoicing of administrative expenses limited to 10% of the value of the order.
10 -Our invoices are payable to Domaine la Grande Bauquière. Unless otherwise stipulated, they are payable 30 days after the end of the month. The Domaine la Grande Bauquière reserves the right to refuse any payment that could lead to uncertainty as to its realization or any means that could lead to late payment.
Any sum not paid by the due date will be subject to a penalty of at least 3 times the legal interest rate in force on the due date of payment (law 92-1442 of 31/12/92 and rectif.).
In accordance with Articles D.441-5 and 441-6 of the Commercial Code and the decree of October 2, 2012, a flat-rate indemnity for collection costs of 40 euros will be charged; without prejudice to additional justified costs and any other damages. This provision comes into force on January 1, 2013.
Non-payment of a single invoice shall result in the payment of all outstanding invoices, as well as the immediate suspension of all outstanding orders, without the customer being able to claim any damages or indemnity of any kind.
The customer shall refrain from proceeding to the payment of invoices by way of compensation with the sums that may be due to him, on any grounds whatsoever. Any payment by compensation will be considered as a default of payment.
We remind you that in the absence of legal compensation (article 1289 and following of the CV) or summary judgment, penalties, requests for credit notes and any other dispute not accepted by us cannot lead to compensation or late payment.
Any deterioration of the buyer’s credit may justify the requirement of guarantees or cash payment.
11 -We retain the ownership of the goods until the effective payment of the full price, notwithstanding any clause to the contrary. The default of payment of a due date, can involve the claim of the goods.
However, these provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss or deterioration of the goods.
12 – Force Majeure: During the period of force majeure, the seller is released from any obligation to deliver, the contract being suspended. The seller shall inform the buyer by any means. On the other hand, force majeure does not suspend payment for goods already delivered. The following events shall be considered as force majeure (non-exhaustive list): transport strikes, riots, fires, administrative decisions, natural disasters, delays or defaults by the seller’s suppliers in their delivery.
13 – Any dispute would be, in the absence of amicable agreement, of the exclusive competence of the courts of Aix-en-Provence, even in the event of summary proceedings, incidental demand or of plurality of defendants, and whatever the mode or the methods of payment.
14 – Specific conditions applicable to certain categories of products.
Particular case of bottling for the mass market:
Any breakage or cancellation of an order by the customer that does not allow the stocks of products made up to meet the customer’s request to be sold out, will result in compensation from the Domaine la Grande Bauquière, as well as the customer paying the costs of destroying the raw materials, packaging and finished products that have become unusable.
Although the customer may be considered as a principal, the product being invoiced in its entirety, the reservation of ownership exists on a product bottled for mass distribution and allows the Domaine la Grande Bauquière to sell this product as it sees fit, without prejudice or attack from the customer, even if the customer’s name appears. This sale does not release the client from his previous obligations.
All specifications originating from the customer are his sole responsibility. However, the Domaine la Grande Bauquière reserves the right, without any possible penalties, to refuse any specification by the customer that could damage the product or the image of the Domaine la Grande Bauquière.
