GENERAL TERMS AND CONDITIONS OF SALE

CARRIÈRE DISTRIBUTION – SALES TO PROFESSIONALS

ARTICLE 1 – IDENTIFICATION OF THE SELLER

CARRIÈRE DISTRIBUTION
Registered office: 1 rue des Sœurs Hospitalières – 21700 Nuits-Saint-Georges – France
SIRET: 942 827 858 00013
Intra-community VAT: FR58942827858
Email: contact@carriere-distribution.fr Phone: +33 (0)3 45 81 20 20
Phone: +33 (0)3 45 81 20 20

Website: www.carriere-distribution.fr

Hereinafter referred to as the “Seller”.

ARTICLE 2 – SCOPE OF APPLICATION

These GTCS apply exclusively to sales concluded with professionals, acting within the scope of their business activity.

They prevail over any document issued by the Customer, in particular their general terms and conditions of purchase, unless expressly agreed otherwise in writing by the Seller.

Any order implies full and unconditional acceptance of these GTCS.

ARTICLE 3 – PRODUCTS

The Products offered include wines, spirits, and alcoholic beverages.

Descriptions, vintages, and visuals are provided for information purposes only.
As wine is a living product, natural variations shall not constitute non-conformity.

The Products are intended exclusively for marketing in compliance with regulations applicable to licensed establishments and authorized professionals.

ARTICLE 4 – ORDERS

An order becomes firm and final only upon written acceptance by the Seller.

The Seller reserves the right to:

• refuse any abnormal order,
• require immediate payment,
• suspend or cancel an order in the event of non-payment or dispute.

ARTICLE 5 – PRICES

Prices are expressed in euros, exclusive of VAT, and excluding additional costs.

The Seller may modify its prices at any time.
The applicable price is the one in force on the date of acceptance of the order.

ARTICLE 6 – TERMS OF PAYMENT

Unless otherwise agreed in writing: payment is due in full upon ordering.

If credit terms are granted:

• All invoices are payable on the agreed due date.
• Any late payment automatically results in:
• late payment interest = ECB rate + 10 percentage points
• fixed compensation of €40 (French Commercial Code)

6.1 Acceleration Clause

In the event of late payment, all sums owed by the Customer become immediately payable, even if not yet due.

6.2 Non-performance Exception

In case of non-payment, the Seller may suspend any ongoing delivery without compensation.

6.3 Prohibition of Set-off

The Customer may not offset an invoice against a claim or dispute not acknowledged by the Seller.

6.4 Financial Guarantee

The Seller may at any time require:

• advance payment,
• a bank guarantee,
• a reduction of credit terms.

ARTICLE 7 – RETENTION OF TITLE

The Products remain the property of the Seller until full payment has been received.

In the event of non-payment, the Seller may reclaim the Products at the Customer’s expense.

ARTICLE 8 – DELIVERY – TRANSFER OF RISK

Unless otherwise agreed, risks are transferred to the Customer upon delivery to the carrier.

Delivery times are indicative only.

The Customer must inspect the goods upon receipt.

Any reservations must:

• be precisely stated on the transport document
• be confirmed in writing within 48 hours

Failing this, delivery shall be deemed compliant.

ARTICLE 9 – STOCK – UNAVAILABILITY

Sales are made subject to available stock.

In case of unavailability:

• equivalent replacement,
• partial cancellation,
• postponement.

No compensation may be claimed.

ARTICLE 10 – LIABILITY

The Seller’s liability is limited to direct damages only.

Excluded are:

• loss of business,
• loss of margin,
• loss of customers,
• reputational damage,
• any indirect damage.

10.1 Cap

The Seller’s total liability is capped at the amount excluding VAT of the order concerned.

ARTICLE 11 – WINE PRODUCTS – STORAGE

The Customer is responsible for storage conditions (temperature, light, humidity).

No warranty applies in the event of improper storage after delivery.

ARTICLE 12 – CORKED BOTTLE

Any claim must be accompanied by:

• the bottle concerned,
• the cork,
• the batch number,
• the order reference.

After analysis, a credit note may be issued if the defect is confirmed.

ARTICLE 13 – NO RIGHT OF WITHDRAWAL

Sales between professionals do not benefit from any right of withdrawal.

ARTICLE 14 – FORCE MAJEURE

The Seller shall not be liable in the event of unforeseeable external events (transport disruption, shortage, disaster, etc.).

If the impediment exceeds 3 months, the order may be terminated.

ARTICLE 15 – EXPORT / VAT

For any intra-community or export sale:

The Customer must provide:

• a valid VAT number,
• required tax documentation.

Failing proper documentation, French VAT may be charged.

Customs obligations remain the responsibility of the Customer unless otherwise stipulated.

ARTICLE 16 – TERMINATION FOR BREACH

In the event of serious breach by the Customer (non-payment, resale outside the network if applicable, non-compliance with regulations), the Seller may terminate the business relationship without compensation.

ARTICLE 17 – INTELLECTUAL PROPERTY

Any reproduction of the Site’s content is prohibited without prior written authorization.

ARTICLE 18 – PERSONAL DATA

Data is processed in accordance with the GDPR.
The privacy policy is available on the Site.

ARTICLE 19 – APPLICABLE LAW – COMPETENT COURT

These GTCS are governed by French law.

Any dispute shall fall under the exclusive jurisdiction of the Commercial Court of Dijon, even in the case of multiple defendants or third-party proceedings.