General Terms and Conditions of Sale

Clause No. 1: Purpose and scope of application

These General Terms and Conditions of Sale (GTCS) form the basis of commercial negotiation and are systematically sent or provided to each buyer to enable them to place an order.

The General Terms and Conditions of Sale described below set out the rights and obligations of the company LES DOMAINES AURIOL and its customer in connection with the sale of the following goods: alcoholic beverages (still and sparkling wines).

Any acceptance of the quote/order form, including the clause "I acknowledge that I have read and accept the attached General Terms and Conditions of Sale", implies the buyer's full and unconditional acceptance of these General Terms and Conditions of Sale.

Clause No. 2: Prices

The prices of the goods sold are those in force on the date the order is placed. They are stated in euros and calculated excluding tax. Consequently, they will be increased by the applicable VAT rate and transport costs in force on the date of the order.

The company LES DOMAINES AURIOL reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order was registered.

Clause No. 3: Discounts and rebates

The proposed prices include any discounts and rebates that the company LES DOMAINES AURIOL may grant, depending on its results or on the buyer's assumption of certain services.

Clause No. 4: Early payment discount

No discount will be granted for early payment.

Clause No. 5: Payment terms

Orders may be paid for:

by cheque;
by bank card;
where applicable, indicate any other accepted payment methods.

Payments shall be made under the following conditions:

Payment within 30 days following receipt of the goods;

Payment within 45 days end of month following the invoice date;

Payment within 60 days following the invoice date.

Clause No. 6: Late payment

In the event of total or partial non-payment of the goods delivered by the due date, the buyer shall pay the company LES DOMAINES AURIOL late payment penalties equal to three times the statutory interest rate.

The statutory interest rate applied shall be the rate in force on the date of delivery of the goods.

As of January 1, 2015, the statutory interest rate is revised every 6 months (Order No. 2014-947 of August 20, 2014).

This penalty is calculated on the total amount including VAT remaining due and shall accrue from the due date of the price without any prior formal notice being required.

In addition to late payment penalties, any sum, including deposits, not paid by its due date shall automatically give rise to the payment of a fixed compensation of 40 euros for recovery costs.

Articles 441-10 and D. 441-5 of the French Commercial Code.

Clause No. 7: Termination clause

If, within fifteen days following the implementation of the "Late payment" clause, the buyer has not paid the outstanding sums, the sale shall be automatically terminated and may give rise to the allocation of damages to the company LES DOMAINES AURIOL.

Clause No. 8: Retention of title clause

The company LES DOMAINES AURIOL retains ownership of the goods sold until full payment of the price, in principal and accessories. In this respect, if the buyer is subject to receivership or judicial liquidation proceedings, the company LES DOMAINES AURIOL reserves the right to claim, as part of the collective proceedings, the goods sold and remaining unpaid.

Clause No. 9: Delivery

Delivery is made:

by direct handover of the goods to the buyer;
by sending a notice of availability in store to the buyer;
by depositing the goods at the place indicated by the buyer on the order form.

The delivery time indicated when the order is registered is given for information only and is not guaranteed.

Consequently, any reasonable delay in the delivery of the products shall not entitle the buyer to:

the allocation of damages;
cancellation of the order.

The risk of transport is borne entirely by the buyer.

In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within five days following delivery, by registered letter with acknowledgement of receipt sent to the company.

Clause No. 10: Force majeure

The liability of the company LES DOMAINES AURIOL may not be incurred if the non-performance or delay in the performance of one of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code.

Clause No. 11: Competent court

Any dispute relating to the interpretation and performance of these General Terms and Conditions of Sale is subject to French law.

Failing an amicable resolution, the dispute shall be brought before the Commercial Court of Narbonne.

Done in Lézignan-Corbières, on ... (date)
... (customer's signature)
... (signature of the company's legal representative)

Optional content for General Terms and Conditions of Sale

The following clauses generally appear in General Terms and Conditions of Sale but are not required by law.

We recommend including as many of them as possible, adapting them to your activity.

Intellectual property clause
Resolution
Termination
Transfer of ownership and risks
Transport
Receipt
Retention of title
Warranty against apparent and hidden defects
Limitation or exclusion of warranty clause
Force majeure
Protection of personal data
Confidentiality
Jurisdiction clause or arbitration clause and applicable law
Clause of the buyer's express acceptance of the General Terms and Conditions of Sale

This list is not exhaustive.