In accordance with article L. 3342-1 of the French Public Health Code, the sale of alcohol to minors under the age of eighteen (18) is prohibited. By accepting these general terms and conditions of sale, the Buyer declares :
- Must be over 18
- To be fully fit to practise
- Acting in the context of its particular needs, to the exclusion of any professional activity.
Alcohol abuse is dangerous for your health, and should be consumed in moderation.
Any alcohol consumption during pregnancy is toxic for the foetus.
Article 1 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
STE FERMIERE DU MAS DE LA DAME systematically sends or gives these general terms and conditions of sale to each purchaser to enable them to place an order. They are also given to any customer who requests them. Consequently, these general terms and conditions of sale constitute the basis for commercial negotiation in accordance with article L. 441-6 of the French Commercial Code and serve as a reference for the provisions of article L. 442-6 of the same Code. The fact that the buyer places an order therefore implies :
- The customer's full and unreserved acceptance of these general terms and conditions of sale,
- The waiver by the purchaser on any grounds, at any time and in any form whatsoever, of any provisions contrary to or derogating from these general terms and conditions of sale.
Pursuant to the combined provisions of article L. 443-4 of the French Commercial Code and article L. 631-24 of the French Rural Code, the relevant indicator used is the price of monthly bulk transactions at 31 December of the previous year, as drawn up and published by the Conseil Interprofessionnel des Vins de Provence (C. I.V.P.) for Baux de Provence PDO wines, or failing that, from comparable statistics for Côteaux d'Aix en Provence PDO wines, where applicable.
Article 2 - JURISDICTION - APPLICABLE LAW
The courts shall have exclusive jurisdiction in the event of any dispute of any nature or any challenge relating to the formation or performance of the order, the TARASCON courts, unless STE FERMIERE DU MAS DE LA DAME prefers to bring the matter before any other competent court. The applicable law is French law. The French language will prevail over any other translation in the event of dispute, litigation, difficulty of interpretation or execution of the general conditions of sale and more generally concerning the relations existing between the parties.
Article 3 - ORDERING
All orders must be the subject of a written document imperatively bearing the customer's signature and commercial stamp. Any order made by the customer or sent by a representative of STE FERMIERE DU MAS DE LA DAME is only valid after confirmation by the sales department of an acceptance document issued by STE FERMIERE DU MAS DE LA DAME. The benefit of an order is personal to the customer and may not be transferred without the written agreement of STE FERMIERE DU MAS DE LA DAME.
By placing an order, the customer expressly waives the benefit of article 1587 of the French Civil Code.
Any modification to the contract requested by the customer is subject to the express acceptance of STE FERMIERE DU MAS DE LA DAME. The order expresses the customer's irrevocable consent; the customer may not therefore cancel it, unless STE FERMIERE DU MAS DE LA DAME gives its express prior agreement. Apart from the fact that, in such a case, the customer will be liable to pay compensation for any prejudice suffered by STE FERMIERE DU MAS DE LA DAME as a result, any deposit and/or advance paid by the customer will be retained by STE FERMIERE DU MAS DE LA DAME.
It should be noted in particular that the information given in catalogues, prospectuses, notices, price lists and price lists, and more generally documents presenting and promoting the products of STE FERMIERE DU MAS DE LA DAME, whatever form they may take, are given for information purposes only and are not contractually binding on STE FERMIERE DU MAS DE LA DAME.
Article 4 - PRICE - PAYMENT
1. The price of products sold by STE FERMIERE DU MAS DE LA DAME will be that in force on the day of the customer's order. However, these prices may be modified by STE FERMIERE DU MAS DE LA DAME depending in particular on the increase in the cost of raw materials, the increase or creation of taxes applicable in STE FERMIERE DU MAS DE LA DAME's sector of activity, supply conditions, etc. Prices may be modified at any time with one month's notice.
2. Unless otherwise agreed, payments for wines will be made between 1 and 45 days end of month.
By express agreement between the parties, the aforementioned payment deadline may not be delayed for any reason whatsoever. Complaints made by the customer may under no circumstances postpone the due date for payment of the order to which they relate.
0 discount for early payment.
Invoices are payable in all circumstances at the head office of STE FERMIERE DU MAS DE LA DAME. They are considered to have been paid when the amount shown on the invoice has been definitively credited to the bank account of STE FERMIERE DU MAS DE LA DAME.
In accordance with Article L. 446-1 of the French Commercial Code, any sums not paid on the due date will bear interest on arrears calculated on the basis of three times the legal interest rate. This interest runs from the due date until full payment of the amount due.
The late payment interest detailed above does not preclude - after STE FERMIERE DU MAS DE LA DAME has served formal notice for eight days without effect - the principle of payment by the customer of compensation equal to 1.5% of the sum outstanding on the due date.
In addition, non-payment of a single invoice automatically renders the amount of the other invoices still due to STE FERMIERE DU MAS DE LA DAME immediately payable. Any deduction and/or set-off is expressly excluded - except with the prior and express agreement of STE FERMIERE DU MAS DE LA DAME.
The customer must reimburse all costs incurred by STE FERMIERE DU MAS DE LA DAME and caused by the contentious recovery of sums due. Any deterioration in the customer's credit and, more generally, any change, whatever its origin, in the customer's situation, may justify the requirement of guarantees and/or specific payment terms set by STE FERMIERE DU MAS DE LA DAME, or even refusal by STE FERMIERE DU MAS DE LA DAME to follow up on orders made by the customer.
3. In accordance with the provisions of Articles L. 441-1-1 and L. 443-8 of the French Commercial Code, Appendix A of these General Terms and Conditions of Sale contains details, for each of the processed products composed of more than 50% agricultural raw materials, of their share in the composition of the said product in the form of a percentage by volume and a percentage of the STE FERMIERE DU MAS DE LA DAME supplier price, as well as the share of their unit price for each of these products.
This unit price is taken into account in determining the price of the products, which cannot be less than the unit price of the agricultural raw materials used to produce them.
Article 5 - DELIVERY
1. Unless otherwise agreed, delivery is deemed to be made from the Etablissement la STE FERMIERE DU MAS DE LA DAME. The customer therefore bears all costs and risks inherent in transporting the products from the STE FERMIERE DU MAS DE LA DAME establishment to its warehouses.
For all export deliveries, and unless another Incoterm is stipulated, delivery will be made on the basis of the EXW Incoterm, ex-warehouse, in accordance with the latest version of the Incoterms drawn up by the International Chamber of Commerce.
The delivery times indicated by STE FERMIERE DU MAS DE LA DAME are given for information only. Exceeding delivery times may not give rise to damages, deductions or cancellation of orders in progress.
2. The contractual products travel at the risk and peril of the customer, who is responsible for checking the condition, quality and quantity of the contractual products and therefore their conformity with the content of the order placed. To this end, the customer undertakes to :
- To take possession at the agreed place, date and time of the products of STE FERMIERE DU MAS DE LA DAME which are the subject of the order, and to check their conformity with the order,
- Report any anomalies concerning these products on receipt, in particular by means of reservations on the transport document, and produce any supporting documents necessary to demonstrate these anomalies,
- Confirm any anomalies noted to STE FERMIERE DU MAS DE LA DAME by fax within 3 days of receiving the products from STE FERMIERE DU MAS DE LA DAME. The customer will have to provide any justification as for the reality of the defects or anomalies noticed.
It is the customer's responsibility, in the event of damage to the goods delivered or shortages, to make all necessary reservations with the carrier, whether this has been chartered by STE FERMIERE DU MAS DE LA DAME or by the purchaser. Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt to the carrier, in accordance with article L. 133-3 of the French Commercial Code, a copy of which will be sent simultaneously to STE FERMIERE DU MAS DE LA DAME, will be deemed to have been accepted by the customer.
3. In order to be taken into account by STE FERMIERE DU MAS DE LA DAME, complaints concerning the quality of the products, excluding any problem of deterioration linked to transport or non-conformity, must be made within a maximum period of three months from the date of delivery by registered letter with acknowledgement of receipt, expressly specifying the batch number concerned and, more generally, all information and justification as to the reality of the defects or anomalies observed.
4. In the cases provided for in points 3 and 4 of this article 4, the customer must allow STE FERMIERE DU MAS DE LA DAME to ascertain these defects and, if necessary, to resolve them. The customer will therefore refrain from intervening himself or using a third party for this purpose.
The customer must also take all necessary steps to avoid aggravating the defect, failure to comply with this condition excluding any liability action against STE FERMIERE DU MAS DE LA DAME.
Any return of products from STE FERMIERE DU MAS DE LA DAME cannot be made without the written consent of STE FERMIERE DU MAS DE LA DAME. Pending such consent, the product in question must be held by the customer at the disposal of STE FERMIERE DU MAS DE LA DAME on the customer's premises.
The acceptance by STE FERMIERE DU MAS DE LA DAME of the return of a product affected by a defect does not constitute recognition of STE FERMIERE DU MAS DE LA DAME's responsibility.
Any product of STE FERMIERE DU MAS DE LA DAME returned without the agreement of STE FERMIERE DU MAS DE LA DAME will be held at the disposal of the customer and will not give rise to the establishment of a credit note.
Unless otherwise agreed in writing by STE FERMIERE DU MAS DE LA DAME, all costs and risks associated with the return of products to STE FERMIERE DU MAS DE LA DAME shall be borne by the customer.
Article 6 - USE OF PRODUCTS BY THE PROFESSIONAL BUYER
As a professional, the customer is solely responsible for the choice, storage and use of products purchased from STE FERMIERE DU MAS DE LA DAME. In this respect, the customer declares that he/she is fully aware of the characteristics and developments of the products purchased from STE FERMIERE DU MAS DE LA DAME, as wine is a biologically living product that evolves over time. The customer acknowledges having been able to obtain all necessary details concerning their packaging, storage conditions, use, and consequently having proceeded to their acquisition and use with full knowledge of the facts.
The customer also undertakes to inform STE FERMIERE DU MAS DE LA DAME immediately and to agree with the latter, if necessary, the conditions of a possible withdrawal of the products delivered in order to best protect the consumer and to ensure the protection of the seller's interests in the event of :
- Crisis situation (defects affecting the seller's products or competing products in the same category, etc.),
- Third-party claim and/or action.
Article 7 - RESPONSIBILITY
The assumption of responsibility for damage linked in particular to poor storage, defective delivery to the consumer, force majeure, and more generally to any operation beyond the control of STE FERMIERE DU MAS DE LA DAME is the sole responsibility of the customer and therefore cannot give rise to assumption of responsibility by STE FERMIERE DU MAS DE LA DAME in particular by debit note or penalty invoice.
In any event, the civil liability of STE FERMIERE DU MAS DE LA DAME, for any reason whatsoever, with the exception of personal injury and gross negligence, is limited to a sum not exceeding the amount collected in respect of the sale in dispute.
Should STE FERMIERE DU MAS DE LA DAME be held liable on the basis of Articles 1245 et seq. of the French Civil Code (liability for defective products), STE FERMIERE DU MAS DE LA DAME will not be held liable for the payment of any damages in the event of loss resulting from damage to goods not used by the purchaser principally for his or her own use or private use (such will be the case in particular for use in the context of a professional activity).
Article 8 - INTELLECTUAL PROPERTY
The customer must resell the products of STE FERMIERE DU MAS DE LA DAME as is. The customer may not acquire, modify, exploit or register any intellectual property rights, drawings, models and brands belonging to STE FERMIERE DU MAS DE LA DAME, and in particular on the products, documents, slogans, names, brands and other advertising or packaging media created by STE FERMIERE DU MAS DE LA DAME.
Any exploitation, production, modification and more generally any use contrary to the rights of STE FERMIERE DU MAS DE LA DAME will give rise on the part of STE FERMIERE DU MAS DE LA DAME to any action of its choice, whether civil or criminal, in order to put an end to such behaviour and to compensate for the prejudice suffered.
The customer undertakes not to register, directly or indirectly, in or outside the territory, any of the trademarks, trade names and other distinctive signs granted to or belonging to STE FERMIERE DU MAS DE LA DAME or resembling them, nor to incorporate them, even partially, into its name or any of its distinctive signs or domain names.
The customer undertakes to inform STE FERMIERE DU MAS DE LA DAME without delay of any infringement of the latter's intellectual property rights, in the territory, brought to its attention. The customer undertakes to do its utmost to assist and help STE FERMIERE DU MAS DE LA DAME to protect itself against such infringements.
Article 9 - PROPERTY RESERVATION CLAUSE
STE FERMIERE DU MAS DE LA DAME reserves ownership of the products sold to the customer until full and effective payment has been received by STE FERMIERE DU MAS DE LA DAME. The products are considered as effectively paid when the total price, taxes included, is definitively credited on the bank account of STE FERMIERE DU MAS DE LA DAME.
Non-payment of any of the instalments may therefore result in the products being reclaimed. Nevertheless, from the moment of delivery, the customer assumes responsibility for any damage that these goods may suffer or cause.
Article 10 - PERSONAL DATA
Data collected and/or processed on behalf of the customer in connection with the sale of products are the exclusive property of the customer.
STE FERMIERE DU MAS DE LA DAME, as the party responsible for processing personal data provided by customers, undertakes to comply strictly with the provisions of Law No. 78-17 of January 6, 1978, as well as European Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and any other applicable regulations on the subject that may subsequently supplement or replace them.
Personal data is intended for STE FERMIERE DU MAS DE LA DAME, its group companies and its partners and subcontractors. Data is used solely for the purposes of processing, payment and delivery of orders to the customer, for which they are necessary.
The information collected may be transferred, stored and processed in any country or territory in which STE FERMIERE DU MAS DE LA DAME, the legal entities of its group and its partners and subcontractors are located; it being specified that these countries are located in the European Union and, if this were not the case, appropriate safeguards within the meaning of Article 46 et seq. of the aforementioned European regulation would be implemented.
STE FERMIERE DU MAS DE LA DAME strictly requires its group companies, partners and subcontractors to use customers' personal data only to manage the services entrusted to them. These service providers are also required to comply at all times with applicable laws and regulations on the protection of personal data and to pay particular attention to the confidentiality and security of such data.
STE FERMIERE DU MAS DE LA DAME may also use customer data for its legitimate interests in business development, technical improvement of its systems and customer knowledge.
The customer's personal data may be communicated to STE FERMIERE DU MAS DE LA DAME in application of a law, a regulation, a decision of a regulatory or judicial authority and, finally, if necessary for STE FERMIERE DU MAS DE LA DAME to preserve its rights and interests.
STE FERMIERE DU MAS DE LA DAME undertakes to implement and enforce the security measures it deems necessary to ensure the confidentiality of the data collected for the duration of their processing.
The customer's personal data is kept for a period of 3 years from receipt of the order placed by the customer. This data is kept for commercial purposes as well as for proof and accounting obligations.
For as long as the customer's personal data is stored, it is archived on a reliable and durable medium so as to correspond to a faithful and durable copy.
Customers have the right to access, rectify and delete their personal data, as well as the right to limit the processing and portability of their data. They also have the right to object on legitimate grounds to the processing of their personal data, as well as the right to object to the processing of their data for canvassing purposes.
Customers may exercise their rights at any time by contacting customer service:
- By post: Mas de la Dame 13520 Les Baux-de-Provence
- By mail : masdeladame@masdeladame.com
All requests sent by post must be signed and accompanied by a photocopy of an identity document bearing the applicant's signature, and must specify the address to which the reply is to be sent. A reply will be sent to the customer within two months of receipt of the request.
Finally, the customer has the right to lodge a complaint with the CNIL at the following address: Commission Nationale de l'Informatique et des Libertés, 3, Place de Fontenoy, TSA 80715, 75334 PARIS CEDEX 07.
Article 11 – FORCE MAJEURE
STE FERMIERE DU MAS DE LA DAME reserves the right to suspend or terminate all or part of the sale, by operation of law, in the event of force majeure or fortuitous events, such as strikes, lock-outs, bad weather, insufficient quantities of products on the market, likely to stop or reduce the sale of these products or any causes not directly and exclusively attributable to STE FERMIERE DU MAS DE LA DAME. STE FERMIERE DU MAS DE LA DAME will inform the customer as soon as possible. Orders in progress are therefore postponed until the end of the force majeure event.
Article 12 - PRIVACY
The parties mutually undertake a general obligation of confidentiality covering all oral or written information, whatever it may be and whatever the medium, exchanged in the context of the preparation and performance of the contract, with the exception of information which is generally known to the public or which may become so through no fault of the customer.
The customer undertakes to take all necessary measures to ensure compliance with this obligation of confidentiality, throughout the duration of the contract and even after its expiry, and vouches for compliance with this obligation by all its employees. This obligation is an obligation of result.