GENERAL TERMS OF USE SELLER - WINE TOURISM SERVICE

Note that:

LES GRAPPES is a simplified joint stock company with a capital of €17,556, whose principal place of business is located at 15 rue du Sentier 75002 PARIS, registered in the Paris Trade and Companies Register under number 792 914 673, represented by Mr Loïc TANGUY, duly authorized legal representative (hereinafter referred to as "Les Grappes", in accordance with the LES GRAPPES trademark registered by LES GRAPPES)

Les Grappes operates, from France, platforms for winegrowers or similar located in metropolitan France (hereinafter the "Winegrowers"), in particular 

- an online sales site operated by Les Grappes for individual and professional buyers, the conditions of which are governed by the Seller's GCU.

- a wine tourism service platform operated by Les Grappes, the conditions of which are governed by this document General Terms and Conditions of Use Seller (hereinafter referred to as the "GTC Seller Wine Tourism Service"). These Seller Terms and Conditions of Use are subject to the Seller Terms and Conditions of Use and form a whole. They can be found at the following link: https://www.lesgrappes.com/cgu-vendeurs. The Sellers agree to abide by the Sellers GTC at all times without restriction or reservation.

Les Grappes thus provides the Winegrowers with services (hereinafter the "Services") 

The Winegrowers may offer services (hereinafter the "Activities") or products (hereinafter the "Products") on these platforms to private and professional customers (hereinafter the "Customers"). The Winegrowers may offer their Products or Activities for sale and thus be presented as Sellers (hereinafter the "Sellers"). 

Note that Les Grappes is in no way the producer of the Products placed online. Only the Winegrowers who offer their wine products and wine tourism Activities for sale on the Site have this status.

Consequently, the following has been agreed and decided: 

Article 1. Registration on the Site

 Article 1 of the Seller's TOU governs the rules for registration on the site.  In accordance with Article 1 of the GCU, in order to benefit from the Site and its Services, the Seller must create a User Account using the online application form on the Site and guarantee that they are a professional.

The registration of the Seller and the creation of their account (hereinafter "Winegrower's Area") is done by means of an application form accessible on the site

Article 2. Conditions of sale of the Activities

 2.1. Purpose of the contract

The company Les Grappes offers the online use of a platform offering wine tourism activities. This platform allows: 

Sellers to document their activities and to receive bookings, 

Customers to make a reservation request online, via the Les Grappes platform. 

The company Les Grappes puts the Providers and the Customers in contact with each other and therefore:

cannot be held responsible for non-payment of the Activity

cannot be held responsible for any inappropriate behavior on the part of the Client during the Event.

 2.2. Good faith and compliance with applicable legislation

In order to access the Site's Services, the Seller undertakes to implement, in good faith, all necessary measures to fulfill its obligations by delivering a quality service to Buyers. In particular, the Seller undertakes to reply to e-mails from Les Grappes within forty-eight (48) hours of  receipt, unless otherwise stated in the GTC.

The Seller shall identify itself to Users as acting in a professional capacity. The Seller shall comply with the legislation applicable to the exercise of a commercial activity: governmental authorization; registration; accounting, social, tax, and customs obligations, etc.

2.3 Obligations relating to offering Activities on the Site

This article is governed and framed by article 4 of the Sellers' GCU.

Article 3. Obligations relating to the sale of Activities

 a. The sale of Activities provided by Sellers on the Website is concluded under the condition subsequent that the Service or the Activity is available.

b. The Seller is informed without delay by e-mail by Les Grappes when a Service or an Activity has been ordered by a Buyer. 

The Seller shall have a period of twenty-four (24) working hours to inform Les Grappes of the non-availability of one or more Products/Activities ordered.

In the event of availability of the Activity/ies or Service(s) ordered or in the event that the Seller has not indicated the unavailability of the Activity/ies ordered, the Seller shall undertake to provide the Activity/ies on the date requested by the customer

The Seller shall regularly check, at least once a working day, the inbox for the email address provided to Les Grappes in order to see the Activities ordered by the Buyers, the availability of which he must confirm within the aforementioned period.

c. In the event that the Customer does not show up ("no-shows”) for the Activity (no notification of cancellation, except in cases of force majeure) and the Provider turns to Les Grappes for compensation, Les Grappes reserves the right to turn to the Customer for compensation. The deadline for contesting no-shows is the 8th of each month. 

d. When the service is performed, the Seller collects directly from the customer the amount previously indicated on the platform for the service. Les Grappes therefore does not, under any circumstances, collect payment for the visit, nor does it pay this amount to the Seller. Les Grappes takes a commission, the terms of which are described in article 8.

Article 4. Late payment 

In the event of late payment, Les Grappes reserves the right to claim late payment interest, to suspend its service in accordance with the terms of this Agreement (for example, by suspending the Seller from the Sites) and/or to request a bank guarantee or any other form of financial guarantee from the Seller. 

Article 5. Force Majeure

In the event of force majeure, the Seller will not charge any fees and will refund (if applicable) the Buyers affected by such force majeure. Refunds apply to all costs, expenses and miscellaneous amounts incurred, including (non-refundable) fares or no-shows, booking cancellation or (change) fees, as well as costs incurred for (i) any cancellation or change of a booking made at the initiative of the Buyer, or (ii) with respect to elements of the booking not consumed as a result of a force majeure event. In case of reasonable and justified doubt, the Seller may require the Buyer to provide reasonable proof of the causal link between the force majeure event and the cancellation, withdrawal, or modification of the reservation (and, if applicable, may present said proof to Les Grappes). The Seller shall provide Les Grappes with details of the Service affected by the force majeure event so that Lesgrappes.com can take note of any cancellation, withdrawals, or changes of booking relating to a force majeure event. LesGrappes.com will not charge a commission fee on no-shows, cancellations ,and parts of unused bookings resulting from the said force majeure.

Article 6. Best Price Guarantee

The Seller certifies and warrants to Les Grappes that for the duration of this Agreement: 

(i) The Seller has all the rights, powers and authority necessary to use, grant a right of use and (sub)license and allow Les Grappes to make available, on the Sites, the Intellectual Property Rights which relate to the Seller Information available on the Sites, or which are established or referred to therein; 

(ii) Seller holds and complies with all permits, licenses, and other governmental approvals necessary to conduct, maintain and continue its business and operations; 

(iii) the price of the Services displayed on the Sites is the best available price for an equivalent Service to the relevant Seller, and no better price can be obtained by a Buyer directly from the Seller or through any other third party, medium or source. 

Article 7. Online promotion and marketing

Article 9 of the Sellers' TOU governs the framework for the application of online promotion and marketing.

Article 8. Bookings and Commissions

 The Seller pays Les Grappes a commission (the "Commission") for each Activity reservation made on the Site. Payment must be made in accordance with Article 3.4. The total amount of commission per booking depends on the number of people included in the Activity. More precisely, the global amount of commission per booking is equal to the multiple of (i) the number of people included in the Activity, and (ii) the fixed amount of commission per booking which is established in the Contract. The fixed amount of the commission is set at €5. To avoid any dispute, the Commission is also charged in the case of an overbooking, a no-show (unless the Seller has informed Les Grappes of said no-show within 2 working days after the arrival date originally indicated by the Buyer) and a paid cancellation (cancellation which does not comply with the Seller's free cancellation conditions), and it is calculated according to the confirmed reservation

8.1 Booking statement 

Les Grappes will send each month an Online Booking Statement (the "Online Booking Statement") containing the bookings and related Commissions of all Buyers whose Activities have been purchased during the previous quarter. This Online Booking Statement may take the form of an itemized invoice. 

8.2 Billing and commission terms

The Commission for bookings in a calendar month is invoiced per the following terms: 

(a) On the 1st of each month, detailed invoices are issued for the activities confirmed in the previous month. Invoices are sent to the Seller via their Winemaker's area on the 8th of the month.

(b) The Commission invoiced for the given month must be paid by the Seller within 14 days of the date of issue of the invoice. 

(c) Payment is made by direct debit at the end of the month, as the Seller undertook to do when signing the SEPA direct debit mandate upon registering with the Site. To avoid any disputes, other payment methods (such as the use of "payment agencies") cannot be processed and are therefore not accepted. 

(d) All bank charges for bank transfers are to be borne by the Seller. The Seller is responsible and liable for the payment and remittance of all taxes, duties, fees or withholdings in addition to the net and full payment of the Commission due to Les Grappes. 

(e) The monthly commission must be paid by the Seller in Euro. 

Article 9. Duration - Termination - Termination of the contract 

 Article 14 of the Sellers GCU governs the nature of the commitment period, Duration - Termination - Cessation of the contract 

Article 10. Competent court

Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law.

In the absence of an amicable solution, the dispute will be brought before the Commercial Court of Nanterre.

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