General Terms & Conditions of Sale
ARTICLE 1 - Scope
These general terms and conditions of sale (GTC) apply, without restriction or reservation, to all sales concluded by the company ETIENNE BRANA SAS, a simplified joint-stock company with a capital of €198.000, whose registered office is at SAINT JEAN PIED DE PORT (64220) – 3 Chemin de Salicarte, registered under number 306 553 041 RCS BAYONNE (hereinafter referred to as “the Seller”), to professional buyers and non-professional buyers or consumers aged over 18 and with full legal capacity (hereinafter referred to as the “Customer(s)”), wishing to purchase the products offered for sale by the company ETIENNE BRANA SAS (hereinafter referred to as “the Products”) by immediate purchase or by placing an order, at its points of sale or on its website “www.brana.fr” (hereinafter referred to as the "Website"). It is specified that online sales of Products are reserved exclusively for consumer or non-professional Customers. The Customer declares to have read these General Terms and Conditions of Sale and to have accepted them before his immediate purchase or the placing of his order. These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the date of the immediate purchase or the placing of the order. No special condition may, except with the formal and written acceptance of the Seller, prevail over its General Terms and Conditions of Sale. Any contrary condition opposed by the Customer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of the time at which it may have been brought to his attention. Product offers are subject to availability. Each new professional Client must register with the Seller by providing: – The “new client” form completed and signed sent by the Seller – The magnetic draft payment agreement completed and signed – Their bank details – These signed T&Cs.
ARTICLE 2 – Orders – Immediate purchases
Orders and immediate purchases of Products are made in store, on the Website (or by telephone for professionals). The Customer indicates during each order (by mail, by email, on the Website (or by telephone) an address to which delivery can be made on working days and hours. The information provided must be sufficient to ensure receipt of the Product by the Customer (full address, street number, postcode, telephone number of the person to contact in the event of difficulty in particular). Failing this, the Seller cannot be held responsible for non-delivery. The sale will only be considered final after the Seller has received payment in full. Any changes requested by the Customer cannot be taken into account, within the limits of the Seller's possibilities and at its sole discretion. For orders placed exclusively online, the registration of an order on the Seller's Website is carried out when the Customer accepts these General Terms and Conditions by checking the box provided for this purpose and validates his order. The Customer has the possibility to check the details of his order on the Website, its total price and to correct any errors before confirming his acceptance. This validation implies the acceptance of all of these General Conditions of Sale and constitutes proof of the sales contract. It is therefore up to the Customer to check the accuracy of the order and to immediately report any errors. Any order placed on the Website constitutes the formation of a contract concluded remotely between the Customer and the Seller. 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.
ARTICLE 3 - Prices
The Products are supplied at the Seller's rates in effect on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Customer. These rates are firm and not subject to revision during their period of validity, as indicated by the Seller. Prices are expressed in euros.
3.1 Rates for consumer or non-professional customers
Prices are expressed in euros and include all taxes. Shipping costs are the responsibility of the Seller for purchases of a minimum of 36 bottles.
3.2 Professional Customer Rates
Prices are expressed in euros, excluding VAT and social security contributions. It is specified here that excise duties will be applied depending on the status of the professional Client in accordance with the applicable regulations. Shipping costs will be processed in accordance with the commercial proposal sent to the Client.
3.3 Export Customer Rates
Prices are expressed in euros and are net, excluding all taxes and excise duties. Shipping costs are the responsibility of the Customer.
ARTICLE 4 - Payment conditions
The price is payable in cash, on the day of the order, unless otherwise agreed in writing with the Seller. The following payment methods may be used: – bank card: Visa, EuroCard, MasterCard accepted in France and other credit cards issued within the framework of international networks, approved by the GIE Cartes Bancaires – bank or postal check, issued on a French bank, payable to the Seller. A check is cashed immediately. – magnetic bill of exchange statement (LCR) for professional Customers only – cash, within the limit of the legal ceiling, all money order processing fees in particular, remaining the responsibility of the Customer. Payments made by the Customer will only be considered final after the sums due have actually been collected by the Seller. The Seller shall not be required to deliver the products ordered by the Customer if the latter does not pay the price under the terms and conditions indicated herein, nor until the Seller has received the Customer's check in the case of a remote order, or validated the proposed payment method. In the event of late payment, the Seller may suspend all current orders, without prejudice to any other course of action. Any amount not paid on the due date shown on the invoice will result in the application of penalties in an amount equal to one and a half times the legal interest rate on the amount of the price shown on the invoice. These penalties will be acquired automatically and by operation of law by the Seller, without any formality or prior formal notice and will result in the immediate payment of all amounts owed by the Customer, without prejudice to any other action that the Seller would be entitled to take, in this respect, against the Customer. In the event of payment by LCR, refusal of the effect will be considered as a default of payment. No additional costs, greater than the costs incurred by the Seller for the use of a means of payment, may be charged to the consumer or non-professional Customer. For the professional Customer, a fixed compensation for recovery costs, in the amount of 150 euros will be due, automatically and without prior notification in the event of late payment. The Seller reserves the right to request additional compensation from the professional Customer if the recovery costs actually incurred exceed this amount, upon presentation of supporting documents.
ARTICLE 5 – Delivery of Products – Deliveries
Products subject to immediate purchase may be immediately collected by the Customer from the Seller's store. Delivery is made either by direct delivery of the Product to the Customer, or by simple notice of availability, or by delivery to a shipper or carrier at the Seller's premises. Deliveries are made only according to availability and in the order in which orders are received. The Seller is authorized to make deliveries in whole or in part. The Seller undertakes to ship the products within a maximum of SEVEN (7) days corresponding to the opening days of the Seller's company, from the order and receipt of payment of the price, unless a longer period is agreed depending on the desired delivery date. The Products ordered will be delivered in mainland France within a maximum of 15 days from the dispatch of the order. Exceeding the delivery time cannot give rise to the claim for damages, retention or cancellation of current orders. However, if 15 days after the indicative delivery date the product has not been delivered, for any reason other than a case of force majeure, the sale may then be terminated at the request of either party. The Customer may then obtain a refund of the price, and may not claim any compensation or damages.
ARTICLE 6 – Reception
The Customer is required to check the condition of the Products delivered (in quantity and quality) upon receipt in the presence of the delivery person. He has a period of 24 hours from delivery to formulate by post, email or fax any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example: damaged package, already opened, etc.), with all the supporting documents relating thereto (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no complaint may be validly accepted by the Seller. The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer.
ARTICLE 7 – Returns
In the event of an apparent defect or non-conformity of the Products delivered, duly noted by the Seller under the conditions provided above, the Customer may obtain a credit note, free replacement, or reimbursement of the Products at the Seller's discretion, excluding any compensation for damages. Returns must be sent to the following address: ETIENNE BRANA SAS – 3 Chemin de Salicarte 64220 – St Jean Pied de Port. Any product return must be subject to a formal agreement between the Seller and the Customer. Any product returned without this agreement would be kept at the Customer's disposal and would not give rise to the establishment of a credit note or reimbursement. The costs and risks of the return are always borne by the Seller. Returned Products must be accompanied by a return slip to be attached to the package and must be in the condition in which the Seller shipped them.
ARTICLE 8 - Transfer of ownership - Transfer of risks
8.1 Transfer of ownership
The transfer of ownership of the Seller's Products to the Customer, whether it is an immediate purchase or an order, will only be made after full payment of the price by the latter, regardless of the date of delivery of said Products.
8.2 Transfer of risks
When the Customer uses a carrier that he has chosen himself, the transfer of risks is made at the time of delivery of the Products ordered by the Seller to the carrier, regardless of the date of transfer of ownership of the Products. The Products therefore travel at the risk of the Customer. When the Products travel with a carrier chosen by the Seller, the transfer of the risks of loss and deterioration relating thereto will only be made at the time when the Customer physically takes possession of the Products. The Products therefore travel at the risk of the Seller.
ARTICLE 9 - Seller's liability - Warranty
9.1 Responsibility
The Products comply with the regulations in force and the standards applicable in France, including the regulations on Designations of Origin and health standards. They are checked in quality and quantity before leaving the Seller's premises. The Seller cannot be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing, using and consuming the Products. The Seller cannot be held liable if, following storage in poor conditions or for too long, the Product becomes unfit for consumption. The Seller cannot be held liable for damages of any kind, whether material, immaterial or physical, which could result from the improper use of the Products. The Seller's liability will, in any event, be limited to the value of the Product in question, value on its date of sale, without the possibility of recourse.
9.2 warranty
The Products benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions: – the legal guarantee of conformity, for packaging of Products that are apparently defective, damaged or damaged or do not correspond to the order, – the legal guarantee against hidden defects arising from a defect in raw materials, design or manufacturing affecting the Products delivered and making them unfit for consumption. However, this guarantee does not cover fortuitous events and in particular the deterioration of the Product due to transport or linked to storage conditions that are inappropriate for the Product (temperature, humidity, exposure to light). Furthermore, no returns will be accepted for subjective reasons of non-conformity. In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of fifteen (15) days from delivery of the Products or the existence of hidden defects within a maximum period of fifteen (15) days from their discovery. The Seller will refund or replace Products under warranty deemed non-compliant or defective. In the event of deterioration of the Products ordered which would be followed by a stock shortage, the Seller will offer the buyer a Product of equal or superior quality without the conditions of sale being affected (in particular in terms of price). Beyond this period, the Seller will no longer be able to guarantee the Products since no control over the quality of the storage location (an essential element of the conservation of the Product) can be carried out, unless the Customer can provide proof that the alteration of the Product predates the sale. The Seller cannot assess the Products himself and since these are subjective notions (taste), the Products cannot be refunded or exchanged. Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within eight (8) days following the Seller's discovery of the lack of conformity or hidden defect. The refund will be made by crediting the Customer's bank account. The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
ARTICLE 10 – Intellectual property – Personal data
10.1 Intellectual property
The Seller remains the owner of all intellectual property rights to the photographs, presentations, illustrations, brands, texts, drawings, images, etc., produced on the Website or on these brochures, catalogues, commercial documents (even at the request of the Customer) with a view to providing the Products to the Customer. The Customer therefore prohibits any reproduction or exploitation of said photographs, presentations, illustrations, brands, texts, drawings, images, etc., without the express, written and prior authorisation of the Seller, who may make it conditional on financial compensation.
10.2 Personal data
Pursuant to Law 78-17 of 6 January 1978, it is recalled that the personal data requested from the Customer are necessary for processing their order and issuing invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Website meets the legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data. In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the general European regulation 2016/679 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (GDPR) which came into force on 25 May 2018, the Client has, at any time, a right of access, rectification, opposition, erasure and portability of all of his personal data by writing, by mail and providing proof of identity, either by post to the address ETIENNE BRANA SAS – 3 Chemin de Salicarte 64220 Saint-Jean-Pied-de-Port, or by telephone at +33 (0)5.59.37.00.44 either by email to contact@brana.fr. This right may also be exercised under the conditions and according to the terms defined on the Website. The Customer acknowledges having the capacity and age required (at least 18 years old) to contract and acquire the Products offered on the Website.
ARTICLE 11 – Right of withdrawal of the consumer or non-professional Customer
Any order placed on the Website or by telephone or by mail by a consumer or non-professional Customer constitutes the formation of a contract concluded remotely between said Customer and the Seller. In accordance with article L121-20-12 and L121-16-1 of the Consumer Code, the consumer or non-professional Customer has a period of 14 days from the day following the physical possession of the Product by himself or by a third party he has designated to exercise his right of withdrawal, without having to justify his decision, nor to bear other costs, with the exception of the return costs which remain his responsibility. To exercise his right of withdrawal, the consumer or non-professional Customer must notify his decision to withdraw from the contract by means of an unambiguous declaration, either by post to the address ETIENNE BRANA SAS – 3 Chemin de Salicarte 64220 – St Jean Pied de Port, or by telephone on +33 (0)5.59.37.00.44 or by e-mail to contact@brana.fr. A withdrawal form may be sent to the consumer or non-professional Customer upon simple request to the Seller. The consumer or non-professional Customer returns or restores the Products to the Seller in their original packaging, at the latest within 14 days following the communication of his decision to withdraw. When the right of withdrawal is exercised, the Seller is required to reimburse the consumer or non-professional Customer for the full amount paid, without undue delay and at the latest within 14 days from the date on which he is informed of the consumer or non-professional Customer's decision to withdraw. The Seller may defer reimbursement until recovery of the Products or until the consumer or non-professional Customer has provided proof of shipment of these Products, the date retained being that of the first of these facts. Any return of Product beyond the period of the right of withdrawal must be the subject of a formal agreement between the Seller and the consumer or non-professional Customer. No returns will be accepted after a period of one month following the delivery date.
ARTICLE 12 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code. By express agreement, a case of force majeure shall constitute any event affecting the production, transport and/or marketing of the Products such as strikes, events interrupting means of transport, weather disasters affecting the vineyards, fires, floods, political unrest, war, etc. If, as a result of a case of force majeure, the Seller is prevented, the delivery of the Products ordered shall be suspended for as long as the Seller is unable to ensure deliveries, unless the order is cancelled, at the request of either party. In the event of cancellation, the Seller shall reimburse the Customer for the price of the order only.
ARTICLE 13 - Applicable law - Language
By express agreement between the parties, these General Terms and Conditions of Sale and the transactions resulting therefrom 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 shall be authentic in the event of a dispute.
ARTICLE 14 - Disputes
ANY DISPUTE ARISING IN THE CONTEXT OF THE EXECUTION OF THE PRESENT TERMS WILL BE SUBJECT TO AN ATTEMPT AT AMICABLE SETTLEMENT BETWEEN THE PARTIES PRIOR TO ANY APPEAL BEFORE THE COURTS. IN THE EVENT OF A DISPUTE WITH PROFESSIONAL CUSTOMERS, THE COMMERCIAL COURT OF BAYONNE WILL HAVE SOLE JURISDICTION, UNLESS THE SELLER PREFER TO REFER THE MATTER TO ANY OTHER JURISDICTION WITH JURISDICTION IN THE EVENT OF A DISPUTE WITH A CONSUMER OR NON-PROFESSIONAL CUSTOMER, THE LATTER IS INFORMED THAT HE MAY, IN ADDITION AND IN ANY EVENT, USE CONVENTIONAL MEDIATION, IN PARTICULAR WITH EXISTING SECTORAL MEDIATION BODIES, THE REFERENCES OF WHICH APPEAR ON THE MEDICYS WEBSITE HTTP://WWW.MEDICYS.FR, OR TO ANY ALTERNATIVE METHOD OF DISPUTE RESOLUTION (CONCILIATION, FOR EXAMPLE) IN THE EVENT OF A DISPUTE.
ARTICLE 15 – Pre-contractual information for the consumer or non-professional customer – Acceptance
The consumer or non-professional Customer acknowledges having received communication, prior to the immediate purchase or placing of his order, in a clear and comprehensible manner, of these General Conditions of Sale and of all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information: – the essential characteristics of the Product, – the price of the Products and additional costs (delivery, for example); – in the absence of immediate execution of the contract, the date or period by which the Seller undertakes to deliver the Product, – information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not appear from the context, – information relating to legal guarantees and their methods of implementation, – the functionalities of the digital content and, where applicable, its interoperability, – the possibility of resorting to conventional mediation in the event of a dispute.
ARTICLE 16 – Customer Acceptance
The fact that the Customer makes an immediate purchase or orders a Product implies full acceptance and adherence to these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
ARTICLE 17 – Consumption of alcohol
ALCOHOL ABUSE IS DANGEROUS FOR YOUR HEALTH. CONSUME IN MODERATION ARTICLE 18 – Customer Service For any information or question, customer service is available to the Customer from Monday to Friday from 9 a.m. to 12 p.m. and from 14 p.m. to 18 p.m. Tel: +33 (0)5.59.37.00.44 E-mail : contact@brana.fr