Domaine du Grand Estagel 30800 Saint-Gilles – France

Terms and conditions

PURPOSE AND SCOPE

Our conditions of sale, in accordance with professional rules, national and international customs, apply expressly, in the absence of specific agreements, to the sale of all products of the company Douliere Hay France. Placing an order implies the buyer’s full acceptance of the general conditions of sale listed below or on any other commercial documents of the seller.

Orders

Orders will be executed as far as possible and are subject to postponement, splitting, reduction or cancellation, even after confirmation of the order in writing by the seller, in the event of a deficit or no harvest, given the purely agricultural nature of the crop. production. The same will apply in the event that the seller is led to partially or totally destroy his production. The buyer will have the right to cancel his order (in the event of postponement), or the balance to be delivered (in the event of a split), by expressly making this known to the seller by registered letter within 3 working days following the initially scheduled date for delivery.
Consequently, the responsibility of the company Douliere Hay France cannot be sought for partial or total non-fulfillment of the order.

The order is considered firm and final from the dispatch by the seller of the confirmation of the said order, thus constituting acceptance.

If a customer does not take possession of his order or refuses it, the seller is authorized to use it to serve other buyers and failing to have been able to resell all or part of the order, the customer will nevertheless be required to pay the supply in full which is not marketed by the seller.

Prices and terms of payment

The seller’s prices are exclusive of tax upon DEPARTURE from our warehouses, unless otherwise specified, for cash payment upon collection or delivery of the goods. Les expéditions seront faites par multiple de conditionnement.

The seller’s prices are those of the last price in effect on the date of actual delivery.

The seller therefore reserves the right to invoice any increase that would occur between the date of the order and the date of delivery. For the reasons stipulated in article 2, the prices announced may then be subject to an exceptional revision which will be brought to the attention of the customer before delivery, by registered letter, as soon as possible and, in any case, from as circumstances permit. The buyer will then have the option of canceling his order by making this explicit within 5 days from the notification of the price, by registered letter sent to the seller.
After this period, the buyer will be deemed to have accepted the new price. The terms of payment, delivery or contract between the buyer and any intermediary are not enforceable against the seller. Delivery is considered complete when the buyer has been notified that the merchandise is ready for shipment or made available. If the buyer does not take delivery of the goods, he remains liable for full payment of the invoice given the highly perishable nature of the product.
Checks, drafts, promissory notes, must be addressed to the seller’s head office, upon receipt of delivery and are only considered as payment after receipt.

Failure to pay for our supplies on the due date will automatically and without the need to give formal notice to the debtor:

1) The liability as a penalty clause of compensation equal to 10% of the amount claimed, in addition to legal interest and possible legal costs. Any amount not paid on the due date automatically bears interest of at least 1.5 times the legal interest rate (law of 12/31/92).

2) The right for the seller to simply cancel pending orders.

The transfer of product ownership is subject to full payment of the price by the customer, in principal and accessories, even if payment terms are granted. However, risk is transferred upon delivery as defined above.

The buyer is authorized, within the framework of the normal operation of his establishment, to resell the delivered goods. But he can neither pledge them, nor transfer ownership as security. In the event of resale, the buyer undertakes to immediately pay the company DOULIERE HAY FRANCE SAS the part of the price remaining due.

Expeditions

Delivery times are only indicative; these depend in particular on the supply possibilities of the seller and the carriers. The seller strives to respect the delivery times that he indicates on acceptance of the order, depending on the purely agricultural nature of the production, and to execute the orders, except in cases of force majeure, or in the event of circumstances out of its control such as strikes, frost, fire, storm, flood, epidemic, supply difficulties. Delays in delivery cannot give rise to any penalty or compensation.

By express agreement, the seller will benefit from the choice of shipping method.

The goods travel at the risk and peril of the recipient, even shipped free regardless of the mode of transport. If the duration of the journey or the deterioration of the packages affected the goods, the buyer will have the duty, either to accept the delivery by making the usual reservations on the delivery sheet, or to refuse the goods by indicating the precise reasons on this same sheet. Any product that has not been the subject of reservations by registered letter with acknowledgment of receipt within 3 days of its receipt from the carrier, and a copy of which will be sent simultaneously to the seller, will be considered accepted by the customer.

No return of merchandise will be accepted without the prior agreement of the seller.

Les frais de retour ne seront à la charge du vendeur que dans le cas où un vice apparent, ou des manquants sont effectivement constatés par ce dernier. 

Complaints deadlines

Any complaint, whatever its nature, relating to the products delivered, will only be accepted by the seller if it is made in writing, by registered letter with acknowledgment of receipt, within two days, attaching the coded label of the pallet.

Any claim relating to quality under the conditions established by the warranty of the product in question. Au delà de ce délai aucune garantie ne peut être apportée.

Guarantees

As the guarantees are different depending on the nature of the products, a specific guarantee contract is available to the buyer and supplements these general conditions of sale.

Jurisdiction

In the absence of an amicable settlement of the dispute, any dispute concerning the application of these general conditions and their interpretation, their execution and the sales contracts or the payment of the price, will be brought before the Court of the registered office of the seller.