Terms and conditions of sale
Clause 1: Purpose
The general conditions of sale described below detail the rights and obligations of SCEA Famille Carriere-Pradal and its customer in connection with the sale of bottles of wine
. Any service provided by SCEA Famille Carriere-Pradal therefore implies the buyer’s unreserved acceptance of these general conditions of sale.
Clause 2: Price
SCEA Famille Carriere-Pradal 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 is registered.
Clause 3: Discounts and rebates
The prices quoted include any discounts and rebates that SCEA Famille Carriere-Pradal may grant on the basis of its results or the buyer’s assumption of responsibility for certain services.
Clause 4: Discount
No discount will be granted for early payment.
Clause 5: Terms of payment
Payment for orders must be made :
- or by cheque ;
- or by credit card ;
- or by bank transfer.
Orders must be paid in full before dispatch.
Clause 6: Late payment
In the event of total or partial non-payment for goods delivered on the date of receipt, the buyer must pay SCEA Famille Carriere-Pradal a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is that in force on the date of delivery of the goods.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance n°2014-947 of August 20, 2014).
This penalty is calculated on the amount including tax of the sum still due, and runs from the due date of the price without the need for any prior formal notice.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause 7: Resolutory clause
If, within fifteen days of the implementation of the “Late payment” clause, the buyer has not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to a claim for damages against SCEA Famille Carriere-Pradal.
Clause 8: Retention of title clause
The company SCEA Famille Carriere-Pradal retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the purchaser is the subject of a receivership or liquidation, the company … SCEA Famille Carriere-Pradal reserves the right to claim, as part of the receivership, the goods sold and remained unpaid.
Clause 9: Delivery
Delivery is made :
- or by direct delivery of the goods to the buyer;
- or by sending a notice of availability to the buyer;
- at the place indicated by the purchaser on the order form.
The delivery time indicated when the order is placed is given as an indication only and is in no way guaranteed.
- the award of damages;
- cancellation of the order.
The transport risk is borne entirely by the purchaser.
In the event of missing or damaged goods in transit, the purchaser 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 of delivery, by registered letter with acknowledgement of receipt.
Clause 10: Force majeure
SCEA Famille Carriere-Pradal may not be held liable if the non-performance or delay in performance of any of its obligations described in these terms and conditions of sale is due to force majeure. Force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.
Clause 11: Jurisdiction
Any dispute relating to the interpretation and execution of these terms and conditions of sale shall be governed by French law.
SERVIAN, July 1st, 2019
