670 avenue des Cévennes
ZAE les Termes
34400 St Séries – France

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General terms and conditions

ARTICLE 1 – Scope

These Terms and Conditions apply to all sales made by THE LIMITED LIABILITY COMPANY BLANCHET VINITI (hereafter BLANCHET VINITI) to professional purchasers, no matter what clauses may be included in client documents, notably their purchasing terms and conditions.
Any contractual documents issued by BLANCHET VINITI indicating particular conditions divergent from these Terms and Conditions will take precedence over these Terms and Conditions.
These Terms and Conditions apply not only to the sale which causes them to be duly signed and initialled but also to any and all subsequent sales, without any requirement for them to be sent to the Purchaser again in order for them to be fully enforceable.
They may be modified at any moment by BLANCHET VINITI without prior notice being given.

ARTICLE 2 – Orders

2-1 Sales are only completed once BLANCHET VINITI has issued an express, written acceptance of the client’s order, having ensured the requested products are available and that payment by bank card or cheque has been duly received.
Orders made over the Internet must be confirmed in writing by a confirmation e-mail at least.
If BLANCHET VINITI issues a quote, it is valid for 30 (thirty) days from the date stipulated on it. Beyond that, BLANCHET VINITI reserves the right to either maintain the offer or to propose an amendment up-dating or reformulating the offer. Products are supplied at the rates indicated in the business proposition sent to the client or on the website. These rates are fixed and non-negotiable.
The order confirmation issued by BLANCHET VINITI will include a detailed description of the purchased products. It is up to the Purchaser to check that this confirmation matches the products ordered. BLANCHET VINITI declines any liability for errors in the order confirmation not spotted by the Purchaser within a period of 24 (twenty-four) hours.
2-2 Any eventual modifications requested by the Purchaser may only be agreed to, at BLANCHET VINITI’s sole discretion, if they have been requested in writing within no more than 48 (forty-eight) hours of the order being signed and paid for.
2-3 These Terms and Conditions are to be communicated immediately to any Purchaser requesting them and may also be consulted via the website under the section “Terms and Conditions of Sale”. BLANCHET VINITI may find itself obliged to draw up Sectional Terms and Conditions, over-riding these Terms and Conditions, depending on the type of clientele in question, based on objective criteria. In this event, the Sectional Terms and Conditions will be applicable to all operators meeting the criteria.

ARTICLE 3 – Prices

3-1 The sale price of products is given in euros. The total amount of the order is also given in euros before tax (€ bt) and including taxes (€ it).
3-2 The price of a product may vary at any time depending on the pricing policy of the manufacturer, wholesaler, distributor and BLANCHET VINITI. The purchase price that stands will be that displayed online: at the time of the registration of an order placed online, at the time of receipt of an order by mail for mail orders.
3-3 The term “purchase price” refers to the product, excluding taxes and any delivery costs.
3-4 The Purchaser is liable for delivery costs which are billed separately from the purchase price of products. Delivery costs vary depending on the weight of the package to be delivered, the total sum of the order and the preferred delivery method. The Purchaser will always be informed of delivery costs for any order prior to the final registration of said order, and the Purchaser will be requested to pay the full sum for the purchase, including the price of the products ordered and delivery costs. Thus by confirming payment for the order, the Purchaser agrees to cover the delivery costs pertaining to it.

ARTICLE 4 – Payment conditions

4-1 All purchases made via the website of BLANCHET VINITI must be paid for at the time of ordering. No product may be dispatched to the Purchaser unless they have already paid 100% of the sale price including taxes as well as any delivery costs pertaining to it. Internet orders will be processed once they have been paid for in full by bank card or cheque.
4-2 BLANCHET VINITI reserves the right to suspend the processing of any order and all deliveries should payment by bank card be refused by an officially recognised authority, should a cheque not be received or in the event of non-payment.
4-3 Should the Purchaser cancel an order for whatever reason after it has been accepted by BLANCHET VINITI, and if the ordered products have not yet been produced, BLANCHET VINITI will retain any down payment for the order and will not be liable to reimburse it. In the absence of a down payment, the cancellation will render the Purchaser liable to reimburse BLANCHET VINITI a sum equal to a minimum of 30 % of the total invoice. To this sum may be added cancellation costs charged to BLANCHET VINITI by its sub-contractors such as suppliers and transporters.
4-4 If the products have already been produced then the Purchaser is liable for the full sum of the order.

ARTICLE 5 – Payment deadlines

5-1 For all clients who are not already regular customers of BLANCHET VINITI, the full sum of the order must be paid when the order is placed.
For regular clients, the sum must be paid in full and in one single payment within a delay of 30 (thirty) days of the merchandise being delivered. This delay will be mentioned on the invoice.
5-2 In the event of the late payment of sums due by the Purchaser beyond the set deadline and the date indicated on the Purchaser’s invoice should it be different, a late payment penalty of three times the statutory interest rate will be applied to the full sum of the invoice including taxes. Penalties will be automatically charged by BLANCHET VINITI, without formalities or prior warning, and without prejudicing any other actions BLANCHET VINITI may legally and rightfully take against the Purchaser. In accordance with the clauses of Decree n°2012-1115 of October 2, 2012, any debtor who is behind on payments is ipso jure liable to pay a fixed penalty for recovery costs of 40 euros.
5-3 BLANCHET VINITI also reserves the right to suspend or cancel the delivery of any outstanding orders placed by the Purchaser.

ARTICLE 6 – Ownership clause

BLANCHET VINITI retains ownership of all sold products up until the moment when the Purchaser settles the invoice in full, thus enabling them to retake possession of said products. Any down payment made by the Purchaser will be held by BLANCHET VINITI as fixed damages, without prejudice to any other actions the company may legally bring against the Purchaser.
However, the Purchaser becomes liable for the loss of or damage to products as soon as the merchandise leaves its place of production.

ARTICLE 7 – Delivery

7-1 Products acquired by the Purchaser will be delivered within a deadline stipulated on the receipt of order confirmation form sent by BLANCHET VINITI, to the address indicated on the order form unless other instructions have been given. BLANCHET VINITI and their partners will choose the transporter.
7-2 This deadline does not constitute a fixed deadline and BLANCHET VINITI may not be held liable by the Purchaser in the event of late delivery. A delay in the delivery of the order may not constitute a reason for the client to cancel the sales contract or refuse the products. Nor may it give the client the right to withhold payment or demand compensation or damages, nor to delay payment whatever direct or indirect prejudice the client may have suffered and this the client explicitly accepts.
7-3 It is expressly agreed that in the event of payment on order, the delivery time mentioned, and as a consequence BLANCHET VINITI’s obligation to deliver, only begins once BLANCHET VINITI has banked the payment. In other cases, the delivery time starts from the moment the client’s signed order form is received.
7-4 Products are transported at the Purchaser’s risk, starting from the loading of the products for transport reasons. It is up to the Purchaser to check the visible state of products upon delivery. In the absence of any reservations clearly stated by fax or by recorded delivery, and that within a delay of 48 (forty-eight) hours starting from the time of delivery, the products will be considered to be in compliance with the order in terms of quality and quantity
7-5 By common accord, the following events place in abeyance BLANCHET VINITI’s contractual obligations, notably the obligation to release and deliver, without being able to be held liable: contractually defined unforeseen circumstances or force majeure including; general or selective strikes affecting the ability of the company or its suppliers, sub-contractors or transporters to carry out their business, a breakdown in transport, loss of energy supply, exceptional weather conditions, a breakdown in Internet access and a delay in or interruption of delivery of primary materials for whatsoever reason.
7-6 The quantity delivered, and thus invoiced for, may vary by 15% compared to the quantity ordered.

ARTICLE 8 – Delivery errors

8-1 On the day of the delivery or, at the latest, one working day following the delivery, the client must communicate to BLANCHET VINITI any complaints concerning a delivery and/or the non-conformity of the products either by their nature or quality compared to the details as they appear on the delivery sheet. Any complaint communicated beyond this date will be rejected.
8-2 The complaint communicated to BLANCHET VINITI must be submitted in the following way: via an electronic message or e-mail only for clients who placed their order on the website, via the sending of a fax for all those who ordered through the mail. This complaint must include the Purchaser’s details, the date of delivery, the number on the delivery bill, the products concerned, the references of the products as they appear on the delivery bill and the invoice, the exact nature of the complaint (i.e. damaged products, a defective product, the wrong product, a missing product or damaged packaging etc.) and details of any products delivered in error (reference number and quantity).
8-3 Any complaints that do not abide by the rules laid out above and that are not submitted within the stated delay will not be processed and will absolve BLANCHET VINITI of all responsibilities vis-à-vis the purchaser.
8-4 Upon receiving the complaint, BLANCHET VINITI will issue an exchange number for the relevant product(s) and will communicate this to the Purchaser by e-mail, fax or mail. BLANCHET VINITI’s transporter will then deliver any extra delivery and remove any damaged products or products delivered in error.
8-5 The exchange of a product may only occur once the client has been issued with an exchange number, in line with the procedure detailed above.
8-6 In the event of a delivery or exchange error, any product to be exchanged must be given in its entirety to the transporter in its original packaging. BLANCHET VINITI will be liable for exchange costs except in those cases where it can be shown the returned product does not match the original declaration made by the Purchaser on the return bill.

ARTICLE 9 – Hidden defects

9-1 Products delivered by BLANCHET VINITI come with a six month guarantee dating from the delivery date, covering any hidden defects arising from a fault in the material, design or production of the delivered products, rendering them unusable. This guarantee is limited to the replacement or refund of products that are defective or affected by a defect not arising from the conditions in which the merchandise was stored following delivery.
9-2 No cover is provided in the case of wrongful use of the product or neglect or a failure on the part of the Purchaser to maintain the product correctly, nor is it provided for normal wear and tear or force majeure.
9-3 In order to exercise their rights the Purchaser must inform BLANCHET VINITI in writing of the existence of hidden defects within a maximum delay of 48 (forty-eight) hours, or risk forfeiting the right to take any action. The replacement of defective products will not have the effect of extending the guarantee period stipulated above.
9-4 BLANCHET VINITI declines all responsibility for any deterioration of the product during transport.

ARTICLE 10 – Literary and artistic copyright

10-1 Should the client so request, BLANCHET VINITI may make printouts of products ordered, either from the documents supplied by the Purchaser or from works created by BLANCHET VINITI or one of their sub-contractors.
10-2 In the case where the Purchaser supplies the works to be printed, the Purchaser undertakes to send them to BLANCHET VINITI in digital form of good quality and instantly usable. Furthermore, the Purchaser declares to be the owner of any copyright pertaining to the works necessary for its reproduction and representation.
10-3 The Purchaser will safeguard BLANCHET VINITI from any action brought on the grounds of a breach of copyright concerning these works and any breach of registered rights of reproduced brands

ARTICLE 11 – Attribution of jurisdiction and applicable law clause

Any litigation arising from this contract concerning its validity, its interpretation, its execution, its annulment and the consequences arising thereof will be taken before the Tribunal de Commerce in Nîmes. By express agreement between the parties, these Terms and Conditions of sale and the sale and purchasing actions that ensue are covered by French law.

ARTICLE 12 – Acceptance by the Purchaser of th Terms and Conditions

The Purchaser explicitly accepts these Terms and Conditions of sale and declares themselves to be in full knowledge of them and as such agrees not to recognise any contradictory document, particularly the Purchaser’s own Terms and Conditions of purchasing.