General conditions of sale

I.- SCOPE OF APPLICATION

The purpose of these general conditions of sale is to define the conditions under which the company L'AMIRAISIN (hereinafter referred to as “” The Vendor ”) provides its professional customers, hereinafter referred to as the” Customer (s) ”, who request it, by immediate purchase, or by placing an order, via the contact form on the Seller's website, by direct contact, email or via paper, the following products offered for sale: Grapes, oils, oils, juices, juices, seeds, seeds, food supplements, and any product made from grapes and/or agricultural products (hereinafter referred to as “The Products”).

These general conditions of sale constitute, in accordance with article L. 441-1 of the Commercial Code, the sole basis of the commercial relationship between the parties.

The main characteristics of the Products are presented in the catalogs and on the Seller's non-commercial website. The photographs and graphics presented are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of each Product in order to know its essential properties and particularities. The choice and purchase of a Product is the sole responsibility of the Customer. Product offers are subject to the limit of available stocks.

These general conditions of sale apply without restrictions or reservations to all Products sold by the Seller to Customers, regardless of the clauses that may appear on Customer documents, and in particular the Professional's general conditions of purchase. Any document other than these general conditions of sale and in particular catalogs, brochures, brochures, advertisements, notices, photographs, graphics, has only informative and indicative value, not contractual, and the Seller reserves the right to modify them at any time. In accordance with the regulations in force, these general conditions of sale are systematically communicated to any Customer who requests them. These general conditions of sale are accessible at any time on the Seller's website: lamiraisin.com.

The Customer declares to have read these general conditions of sale and to have accepted them before immediate purchase. Any order of Products implies, on the part of the Customers, the acceptance of these General Conditions of Sale. The validation of the order by the Customer implies unrestricted and unreserved acceptance of these general conditions of sale. The Customer acknowledges having the capacity required to contract and acquire the Products offered on the website. These general conditions of sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the date of the immediate purchase or the placing of the order.

The identification of the Seller is as follows: SAS L'AMI RAISIN — 32 RUE DES CASTELS, 30114NAGES-ET-SOLORGUES — Registration number: 832 163 810 —Email: bonjour@lamiraisin.com.

The Products are offered for sale in the territory: Metropolitan France and Monaco. In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned. For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the expense of and are the sole responsibility of the Customer. In accordance with the regulations in force, the Seller reserves the right to derogate from certain clauses of these General Conditions of Sale, depending on the negotiations conducted with the Customer, by establishing Special Conditions of Sale.

II.- ORDERS

2.1. Orders are placed by telephone call, email or via the contact form on the website, the order is registered after acceptance by the Customer (i) of the order form established by the Seller (who will in particular ensure the availability of the products requested) and sent to the Customer by email, and (ii) these general conditions of sale. It is the Customer's responsibility to check the accuracy of the order and to report any error immediately. In the event of unavailability of a Product, the Seller reserves the right to offer the Customer, as the case may be, a product of equivalent nature, quality and price. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

2.2. Any changes to the order requested by the Customer can only be taken into account, at the sole discretion of the Seller, if they are notified in writing within twenty-four (24) hours from the date of registration of the order by the Seller, and after signature by the Customer of a specific order form and possible adjustment of the price.

2.3. In the event of cancellation of an order by the Customer after its registration by the Seller, for any reason whatsoever except force majeure, an amount corresponding to ten (10)% of the total amount of the Products ordered will be acquired by the Seller and invoiced to the Customer, as damages and interests, in compensation for the damage thus suffered.

III. -RATES

The Products are provided at the current rates displayed on the Seller's price list or on its website, on the day the order is registered by the Seller. Prices are expressed in Euros, HT and TTC. These prices are firm and not subject to revision, and the Seller reserves the right to change the prices at any time. Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Seller's price catalog or on its website, and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the sale, including these costs. An invoice is drawn up by the Seller and given to the Customer upon collection of the Products purchased immediately. Special pricing conditions may be applied depending on the specificities requested by the Customer concerning, in particular, delivery times and conditions. A particular commercial offer will then be sent to the Customer by the Seller.

IV.- TERMS OF PAYMENT

4.1. The price is payable in full by the Customer:

- for the first order, in cash at the time of acceptance of the order by the Seller,

- for any subsequent order, within thirty (30) days from delivery, as defined in the “Deliveries” article below. This delay will be mentioned on the invoice sent to the Customer.

Payments can be made by check, bank transfer or cash. In case of payment by bank check, it must be issued by a bank domiciled in mainland France or Monaco. The check is cashed immediately.

The Seller will not be required to deliver the Products if the Customer does not pay the price in full under the conditions and above indicated.

Payments made by the Customer will only be considered final after effective receipt of the amounts due by the Seller. Under no circumstances may payments due to the Seller be suspended or subject to any reduction or compensation without the written agreement of the Seller. No additional costs, greater than the costs borne by the Seller for the use of a payment method, may be invoiced to the Customer.

4.2. In the event of late payment of amounts due by the Customer beyond the deadlines set out above or mentioned on the Seller's invoice, and after the agreed payment date, late payment penalties calculated at the monthly rate of ten (10)% of the total amount including VAT of the price of the Products, will be automatically and automatically acquired by the Seller, without any formality or prior notice of default. Late payment will result in the immediate payment of all amounts due by the Customer, without prejudice to any other action that the Seller may be entitled to bring, as such, against the Customer.

In addition, the Seller reserves the right, in the event of non-compliance with the payment terms, to suspend or cancel the supply of the Products in progress and/or to suspend the execution of its obligations, and/or to reduce or cancel any discounts granted to the Customer.

A fixed compensation for recovery costs, in the amount of forty (40) euros, will also be due, ipso jure and without prior notification by the Customer in the event of late payment. The Seller reserves the right to ask the Customer for additional compensation if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.

4.3. No discount will be applied by the Seller for payment within a period less than that mentioned in these General Terms and Conditions of Sale or on the Customer's invoice.

V.- DELIVERIES

5.1. The products ordered by the Customer will be delivered in Metropolitan France and Monaco within a maximum of ten (10) days, from the date of acceptance of the order by the Seller, to the address indicated by the Customer when ordering.

Delivery consists of the transfer to the Customer of physical possession or control of the Product.

Except in special cases or the unavailability of one or more Products, the Products ordered will be delivered all at once. In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the Customer.

5.2. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the framework of an obligation of means and within the time limit specified above. However, this period does not constitute a strict deadline and the Seller cannot be held liable to the Customer in the event of a delay in the delivery of the Products not exceeding fifteen (15) days. In the event of a delay of more than fifteen (15) days, the Customer may request the resolution of the sale.

5.3. Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering or making the immediate purchase and which the carrier can easily access. The Customer therefore acknowledges that it is the responsibility of the carrier to make the delivery and has no warranty claims against the Seller in the event of failure to deliver the goods transported.

5.4. The Customer is required to check the condition of the Products delivered.

He has a period of forty-eight (48) hours from delivery to formulate in writing (registered mail with acknowledgement of receipt, email, fax) any reservations or claims for non-conformity or apparent defect in the Products delivered (for example: damaged package, already opened, missing, etc.) in writing (for example: damaged package, already opened, missing, etc.), with all the relevant supporting documents (photos in particular). After this period and in the absence of having respected these formalities, the Products will be deemed to be in conformity and free from any apparent defect. The Seller will replace as soon as possible and at its expense, the Products delivered whose lack of conformity has been duly proven by the Customer. If necessary, the Seller will proceed with the delivery of the missing items at its own expense.

VI. TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of the said Products. The transfer to the Customer of the risks of loss and deterioration of the Products will be carried out as soon as the said products are delivered to the Customer in case of immediate purchase, or to the independent carrier, regardless of the transfer of ownership, regardless of the date of the order and the payment of the same. The Seller reserves the right to claim any Product in the event of non-payment, even partial, for the Products. The costs incurred by the Seller for the return of the Products will be borne by the Customer.

VII. — LIABILITY OF THE SELLER

The Products sold are covered by the legal guarantee against hidden defects, within the meaning of article 1641 of the Civil Code. However, the legal guarantee of hidden defects is excluded in the event of sale of the Seller's Products to Professional Customers in the same specialty as the Seller. Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product or force majeure.

VIII.- INTELLECTUAL PROPERTY

The Seller remains the owner of all intellectual property rights on photographs, drawings, models, etc., made (even at the request of the Customer) in order to provide the Products to the Customer. It also remains the owner of all intellectual property rights on the brands, labels, signs appearing on the Products. The Customer therefore prohibits any reproduction or exploitation of said brands, labels, signs, signs, photographs, designs, models, etc., without the express, written and prior authorization of the Seller, who may condition it to financial compensation.

IX. - CONTRACT RESOLUTION

The Party affected by the default may, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgement of receipt to the Defaulting Party, of the faulty resolution hereof, fifteen days after receiving a formal notice to comply that remained unsuccessful, in application of the provisions of article 1224 of the Civil Code.

It is expressly agreed between the Parties that the debtor of an obligation to pay under this agreement will be validly put in default by the sole exigibility of the obligation, in accordance with the provisions of article 1344 of the Civil Code. In any event, the injured Party may seek damages in court.

X. — IMPREVISION

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in article 1195 of the Civil Code for all operations of Sale of Products from the Seller to the Customer. The Seller and the Customer therefore each waive the right to rely on the provisions of article 1195 of the Civil Code and the contingency regime provided for in it, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution would prove excessively expensive and to bear all the economic and financial consequences..

XI. - RENUNCIATION

The fact that the Seller does not invoke any of the clauses of these conditions at a given time cannot constitute a waiver of subsequently relying on these same clauses.

XII. - LANGUAGE - APPLICABLE LAW

These General Terms and Conditions of Sale and the resulting transactions between the Seller and the Customer are governed by and subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.

XIII. — PERSONAL DATA

The personal data collected from Customers are subject to computer processing carried out by the Seller. They are recorded in his Customer file and are essential for the processing of his order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and any applicable guarantees.

The data controller is the Seller. Access to personal data will be strictly limited to employees of the data controller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Customer's authorization being necessary.

In the context of the performance of their services, third parties have only limited access to the data and are obliged to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Seller is prohibited from selling, renting, renting, transferring or giving access to data to third parties without the Customer's prior consent, unless forced to do so for a legitimate reason.

If the data is to be transferred outside the EU, the Customer will be informed and the guarantees taken in order to secure the data (for example, adherence of the external service provider to the “Privacy Shield”, adoption of standard protection clauses validated by the CNIL, adoption of a code of conduct, obtaining a CNIL certification, etc.) will be specified to him.

In accordance with applicable regulations, the Customer has the right to access, rectify, delete, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the data controller at the following email address: bonjour@lamiraisin.com. In the event of a complaint, the Customer may send a complaint to the Commission Nationale de l'Informatique et des Libertés.

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XIV. — DISPUTES

Any dispute relating to the interpretation and execution of sales of Products will be under the exclusive jurisdiction of the Commercial Court of NIMES (30 - FRANCE).

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XV. — CUSTOMER ACCEPTANCE

The fact for a natural or legal person, to make an immediate purchase or to order a Product implies adherence and full acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who renounces, in particular, renouncing the right to rely on any contradictory document, which would be unenforceable against the Seller.

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