GENERAL TERMS AND CONDITIONS OF SALE FOR CONSUMER CLIENTS
ARTICLE 1 - Application and Enforceability of the General Terms and Conditions of Sale
1.1. These General Terms and Conditions of Sale (GTCS) are systematically sent or given to each customer to enable them to place an order. They apply without restriction or reservation to all sales concluded by Domaines FABRE (hereinafter referred to as "the Seller") with consumer clients who are at least 18 years old and not acting for the purposes of their business activity (hereinafter referred to as "the Buyer").
1.2. The applicable General Terms and Conditions of Sale are those in effect on the date of the relevant Order, it being specified that the Seller reserves the right to modify them at any time.
1.3. These General Terms and Conditions of Sale apply only to products delivered and invoiced to Buyers established in mainland France.
1.4. The fact that the Seller does not invoke any of these terms at a given time shall not be construed as a waiver of the right to invoke them subsequently.
1.5. Any order implies the Buyer's acceptance of the applicable General Terms and Conditions of Sale.
ARTICLE 2 - Orders
2.1. To be valid, any order must be signed by the Buyer and specify the quantity, type, and references of the ordered products, as well as the agreed price, the method of payment, the place, terms, and date of delivery or collection.
2.2. The Seller reserves the right to refuse any order for legitimate reasons, particularly if the ordered quantities are abnormally high compared to those usually ordered by consumer buyers.
2.3. Orders are only final and sales concluded when they have been confirmed in writing by the Seller. Acceptance may also result from the Seller's dispatch of the products.
2.4. The benefit of each order is personal to the Buyer and cannot be transferred without the prior written agreement of the Seller.
2.5. Products are offered and delivered subject to availability. If the ordered product is unavailable, the Seller will inform the Buyer and may offer an equivalent product in quality and price or, failing that, a voucher equal to the order amount. If the Buyer disagrees, the Seller will refund the amounts paid at the legal rate starting three (3) months after payment and until the effective refund, in accordance with Article L.131-1 of the Consumer Code.
ARTICLE 3 - Right of Withdrawal (for Distance Contracts Only)
3.1. In accordance with Article L.121.20 of the Consumer Code, and only for distance contracts, the Buyer has a right of withdrawal of seven (7) full days from delivery. Products returned at the Buyer's sole expense must be sealed (bottles unopened) and in perfect condition in their original packaging, accompanied by the corresponding invoice. Damaged, soiled, or incomplete products will not be accepted.
3.2. If the right of withdrawal is exercised, the Seller will refund the amounts paid by the Buyer as soon as possible and no later than thirty (30) days from the date this right was exercised.
ARTICLE 4 - Order Modification
4.1. Any modification or cancellation of an order by the Buyer can only be considered if received in writing by the Seller at least seven (7) business days before the product shipment. If the Seller does not accept the modification or cancellation, any deposits paid by the Buyer can only be refunded in merchandise value.
4.2. If the Buyer cancels an order more than seven (7) business days after its acceptance by the Seller, for any reason other than force majeure, the deposit paid will be retained by the Seller. If no deposit was required, a sum equal to fifteen (15) percent of the total invoice (including taxes) will be due as damages for the loss suffered.
ARTICLE 5 - Prices and Payment
5.1. Unless formally agreed otherwise, prices are those applicable on the order date. The Seller reserves the right to modify prices at any time.
5.2. Prices are in euros (€), net, excluding transportation, and exclusive of taxes, based on the tariffs communicated to the Buyer. Taxes, duties, or other charges imposed by French or transit country regulations are the Buyer's responsibility.
5.3. Prices are payable upon order by cash, bank check, or bank transfer. If delivery is planned, a fifty (50) percent deposit may be required, with the balance payable on delivery. Payments are final only after the actual receipt of funds by the Seller.
5.4. Payment must be made at the Seller's registered office in CISSAC-MEDOC.
ARTICLE 6 - Payment Default/Delay
6.1. Any late payment automatically incurs a penalty of twelve (12) percent of the outstanding amount (including taxes) from the first day of delay until full payment. This also results in the immediate payment of all sums owed by the Buyer.
6.2. The Seller reserves the right to suspend or cancel ongoing deliveries in case of non-compliance with payment conditions.
ARTICLE 7 - Delivery
7.1. Deliveries are made in mainland France according to product availability and order sequence, to the address provided by the Buyer.
7.2. Delivery occurs by:
Direct handover to the Buyer,
Notice of availability,
Transfer to a carrier at the Seller’s premises.
7.3. Delivery times are approximate and subject to supply and transport conditions. Delays do not justify damages, retention, or cancellation.
ARTICLE 8 - Retention of Ownership
Products remain the Seller's property until full payment is received, and the Buyer must take all necessary precautions for their preservation.
ARTICLE 9 - Transfer of Risk
Risk transfers to the Buyer once the products are handed over to the carrier. The Buyer must inspect products upon arrival and note any damages on the carrier's delivery receipt.
ARTICLE 10 - Warranties
Products are covered by legal warranties under the Consumer Code and Civil Code. No further compensation is due, particularly for damages caused to persons or property.
ARTICLE 11 - Returns
Returns require prior written agreement. Unauthorized returns will be held at the Buyer’s disposal and will not generate a credit note. Accepted returns result in a credit note after qualitative and quantitative verification.
ARTICLE 12 - Disputes and Jurisdiction
French law exclusively governs these GTCS. Any dispute must first be addressed to the Seller. In case of unresolved claims, jurisdiction belongs to the court of the defendant’s domicile or the product’s delivery location.
ARTICLE 13 - Pre-contractual Information - Client Acceptance
The Buyer acknowledges having received these GTCS and all pre-contractual information in a clear and understandable manner before concluding the contract. Placing an order constitutes full and unconditional acceptance of these GTCS.
