The CAVE DES CLAIRMONTS Agricultural Cooperative Society specializes in the processing, preservation, packaging and sale of wine products. It is registered with the clerk of the Commercial Court of Romans-sur-Isère under number 779 395 284 and has its registered office at 755 Route des Vignes, 26600 Beaumont-Monteux.
These general terms and conditions of sale apply to all contracts concluded by SCA CAVE DES CLAIRMONTS. They constitute the sole basis for commercial negotiations undertaken between the parties for the conclusion of each contract and supersede the other party's general terms and conditions of purchase. However, specific conditions may be granted to buyers depending on the specifics of their requests. Placing an order implies acceptance of these general terms and conditions of sale by the buyer.

1. Order:

SCA CAVE DES CLAIRMONTS gathers information about the buyer's needs in order to offer products that meet those needs. SCA CAVE DES CLAIRMONTS has an obligation to advise the buyer, but the buyer is also required to participate in identifying their needs and is solely responsible for any errors or omissions made in this regard. Once the buyer's needs have been determined, they must formalize their order in writing (letter or email). The order is placed and the contract definitively concluded only after written acceptance of the order by SCA CAVE DES CLAIRMONTS. Placing an order constitutes acceptance by the buyer of these general terms and conditions of sale and acknowledgment of having read and understood them. The buyer accepts them without exception and therefore waives the right to invoke any conditions appearing on their own commercial documents. Placing an order also constitutes validation by the buyer of the suitability of the products for their needs.
With regard to consumers, SCA CAVE DES CLAIRMONTS may refuse an order for legitimate reasons. Legitimate reasons include, but are not limited to, the buyer being a minor, the abusive nature of an order, stock shortages, the buyer's insolvency, failure to comply with the contractual terms defined between the parties, or the existence of a dispute with the buyer in question.
Once the contract is formed, no modification or cancellation is permitted except with the written agreement of SCA CAVE DES CLAIRMONTS. In the event of order cancellation by the buyer, the buyer shall compensate SCA CAVE DES CLAIRMONTS for all costs incurred and any damages suffered.

2. Delivery:

2.1 Terms: Delivery terms are determined at the time of ordering. Unless otherwise stated on the order form, delivery is made by making the products available at the premises of SCA CAVE DES CLAIRMONTS.

2.2 Delivery times: For business customers, delivery times are indicative only. They will not be able to claim compensation, penalties, or cancel their order due to delays.

2.3 Risks: The transfer of risk occurs upon delivery of the products, by making them available to the buyer at the premises of SCA CAVE DES CLAIRMONTS, in accordance with Article 2.1 herein. The buyer is therefore strongly advised to take out an insurance policy covering the risks of loss, theft, or destruction of the goods in question, immediately upon placing the order.
It is the buyer's responsibility to verify the quantity and quality of the products upon delivery, in the presence of the seller or the carrier. Upon delivery, the buyer must ensure that the packages and goods are in good condition. Any breakage or missing items must be noted in writing on the carrier's receipt or the delivery note at the time of delivery. These reservations must also be confirmed by registered letter with acknowledgment of receipt to the carrier within 72 hours, in accordance with Article L.133-3 of the French Commercial Code. Any missing or broken items not reported to the seller, on the one hand, and to the carrier, on the other hand, by written reservations on the carrier's receipt or the delivery note, shall not render SCA CAVE DES CLAIRMONTS liable in any way whatsoever.
Goods travel at the buyer's risk. Unloading is the sole responsibility of the buyer. Delivery pallets must be exchanged one for one with equivalent quality. Otherwise, the difference in quantity will be invoiced at the purchase price.

2.4 Delivery costs: when transport is organised by SCA CAVE DES CLAIRMONTS, the principle and financial conditions are defined when placing the order.

Retention of title clause : The delivered wines remain the property of SCA CAVE DES CLAIRMONTS until full payment of the price by the buyer (Law No. 80 335 of May 12, 1980). SCA CAVE DES CLAIRMONTS may repossess the goods in the event of non-payment by the buyer. Furthermore, until full payment of the price, the buyer agrees to maintain the integrity of the products and is prohibited from altering or reselling them without the prior express consent of SCA CAVE DES CLAIRMONTS. This stipulation does not preclude the transfer of risk to the buyer upon delivery.

3. Warranty and claims:

3.1 Warranty and claims regarding professionals:
In accordance with legal provisions, SCA CAVE DES CLAIRMONTS guarantees the buyer against any hidden defects arising from flaws in materials, design, or manufacturing affecting the delivered goods. The buyer must provide all necessary evidence regarding the existence of any defects discovered prior to the transfer of risk and allow SCA CAVE DES CLAIRMONTS every opportunity to carry out any verifications it deems necessary. The company reserves the right to conduct, directly or through an agent, any on-site inspections and verifications. In any event, the company cannot assume liability under the warranty against hidden defects as defined above unless the buyer has transported and used the products normally, has not altered them in any way, and has stored, preserved, and handled them in a manner that ensures they remain in good condition.

3.2 Warranty and consumer claims:
The products sold by SCA CAVE DES CLAIRMONTS benefit from the legal guarantee of conformity provided for in Articles L. 211-4 et seq. of the Consumer Code as well as the guarantee against defects in the thing sold within the meaning of Articles 1641 et seq. of the Civil Code.

When acting under the legal guarantee of conformity, the consumer:
– has a period of two years from the delivery of the goods to take action;
– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the civil code and, in this case, he may choose between the termination of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

3.3 The buyer must provide all necessary evidence regarding the existence of any defects discovered prior to the transfer of risk and allow SCA CAVE DES CLAIRMONTS every opportunity to carry out any verifications it deems necessary. SCA CAVE DES CLAIRMONTS reserves the right to conduct, directly or through an agent, any necessary inspections and verifications. Under this warranty, the sole obligation of SCA CAVE DES CLAIRMONTS will be either to replace the products in question or to refund the price paid by the buyer. Products may not be returned without the prior agreement of SCA CAVE DES CLAIRMONTS. Without such agreement, no refund or replacement of products will be granted by the company. The costs and risks of returning products are always borne by the buyer. No deductions from the invoice may be unilaterally imposed by the buyer due to late delivery or non-conforming products.

3.4 Exclusions and limitations: This warranty does not cover damages that are not directly and exclusively attributable to SCA CAVE DES CLAIRMONTS and in particular in the event of apparent defects or non-conformity not reported under the conditions above, defects and deterioration caused by normal wear and tear, negligence, lack of care or storage attributable to the buyer, force majeure, fires, water damage, strikes, abnormal use of the products or modifications to the product.

Furthermore, should SCA CAVE DES CLAIRMONTS be held contractually liable, its liability will be limited to the amount owed or paid by the customer to SCA CAVE DES CLAIRMONTS for the order in question. This sum is intended to compensate the buyer for all damages suffered, regardless of their nature.

4. Prices

The prices, established in euros, are charged according to the rate in effect on the day the order is placed.

5. Payment terms

Invoices issued by SCA CAVE DES CLAIRMONTS are payable within 30 days of the shipping date unless otherwise agreed, by LCR (Letter of Credit), bank transfer (IBAN on the front), or by check, but only for orders under €200. No discount will be applied for early payment. In the event of late payment, a penalty will automatically apply from the day following the due date indicated on the invoice. This penalty will be calculated at three times the legal interest rate in effect on the aforementioned due date. Furthermore, any late payment will incur the fixed compensation for recovery costs stipulated in Article L. 441-6 of the French Commercial Code, amounting to €40 (forty euros). In cases where the recovery costs incurred exceed the amount of the fixed compensation, additional compensation will be claimed, upon presentation of supporting documentation. After 30 days from the due date, SCA CAVE DES CLAIRMONTS will pursue legal action to recover its outstanding debts (including outstanding amounts, late payment interest, fixed compensation, and other damages) and may suspend any pending orders or refuse any new orders. Furthermore, if there is any doubt about a buyer's solvency or if the aforementioned due dates are not met, SCA CAVE DES CLAIRMONTS may limit the maximum order amount for that customer.
Consumer buyers are not subject to these payment terms. Their invoices are payable in cash and without discount.

6. Intellectual Property

The buyer is prohibited from using any trademark, logo, or distinctive sign of SCA CAVE DES CLAIRMONTS, its suppliers, or affiliates without prior authorization. Any unauthorized reproduction of these trademarks, logos, and distinctive signs constitutes infringement and is subject to civil and criminal penalties.
Should SCA CAVE DES CLAIRMONTS grant permission for the use of its trademarks, logos, and/or distinctive signs, the buyer agrees to use them as is, without any modification, and in accordance with the brand image of SCA CAVE DES CLAIRMONTS. The authorization granted by SCA CAVE DES CLAIRMONTS to the buyer to use its trademarks, logos, and/or distinctive signs does not, under any circumstances, constitute a transfer of intellectual property rights, which remain the sole ownership of SCA CAVE DES CLAIRMONTS.

7. Dispute

Any dispute arising between the parties shall be governed by French law. Every consumer has the right to free access to a consumer mediator for the amicable resolution of any dispute with a professional. If the buyer is a merchant, any dispute arising between the parties shall fall under the jurisdiction of the court where the registered office of SCA CAVE DES CLAIRMONTS is located.