It is stated 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 this document General Terms of Use—Seller (hereinafter the "Seller Terms of Use")

-a wine tourism services platform operated by Les Grappes, the conditions of which are governed by the Wine Tourism Vendor GCU.

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 individual and professional customers. The Winegrowers may offer their Products or Activities for sale and thus be presented as Sellers (hereafter 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. Purpose - Scope of application - Membership

 These Seller Terms and Conditions of Use (hereinafter the "Seller Terms and Conditions") apply in addition to the General Terms and Conditions of Sale for Individuals and the General Terms and Conditions of Sale for Professionals, which can be accessed at the URL address www.lesgrappes.com/CGV, and form a whole. Sellers agree to abide by the GTC at all times without restriction or reservation.

The purpose of the Seller's GCU is to define the conditions under which Les Grappes makes available to Sellers services that facilitate their access to e-commerce and allow them to sell their Products and Activities. They also define the conditions governing the various Services offered by Les Grappes. These include, for example, the sale of logistical, wine tourism, commercial, or event services, but also services inherent to the use of the Site which allow for simple and direct communication with Users through comments, as well as the various Services that Les Grappes makes available to Sellers.

In order to use the Site and to have access to the Services, the Seller agrees to be bound by the Seller's GTC and UGC. The Seller's GCU are automatically accessible from the footer of the Site.

Les Grappes reserves the right to modify the Seller's GCU at any time. The applicable GTC are those in effect on the day the order is placed by the Buyer and accepted by the Seller for each sale of Products and Activities.

Article 2. Services offered by Les Grappes to Sellers

2.1. The purpose of the services provided by Les Grappes is to allow the Sellers to:

- market their Products through commercial services

- sell Products on the various Les Grappes platforms

- sell Products with Les Grappes' partners

2.2. The Site is also a place for simple and direct communication with Users, in particular through comments (see Article 9 of the GTC).

Les Grappes reserves the right to make any necessary changes and improvements to the Site and cannot be held responsible for any damage or consequences that may arise as a result.

Les Grappes will make its best efforts to ensure that the Site functions as optimally as possible, but in this respect it will only be bound by an obligation of means. Les Grappes shall not be liable for consequences resulting from the inaccessibility of the Site for any reason whatsoever and, in particular, due to technical constraints or difficulties.

Article 3. Registration on the Site

In accordance with Article 8.1 of the GTC, in order to benefit from the Site and its Services, the Seller must create a User Account according to the online application form on the Site and guarantee that they are a professional.

Registration of the Seller and creation of their account (hereinafter "Winegrower's Space") is done by means of an application form accessible on the site at https://lesgrappes.typeform.com/to/D9ztMz.

Only one account may be allocated per Seller (as defined by SIRET) or associated with the same e-mail address.

The creation of a User Account will allow the Seller to exchange information in a simple and direct manner with the Users of the Site and its Services. The registration procedure via the online form includes the following steps:

The Seller completes an application form in order to provide the necessary information, some of which is mandatory. The information is of a personal nature: name, address, means of contact, etc. and of a professional nature: names, services sought, etc. The Seller acknowledges and accepts the present general conditions before submitting his/her application form, and also acknowledges the terms of payment and the invoicing system, which requires him/her to deposit his/her invoices in his/her customer area in accordance with the procedure set out in Art. 7.2

The selection committee of Les Grappes reviews the appeal and relevance of the Winegrower's application. Before receiving a link to create their Winegrower's Space, the Winegrower pays the registration fee of €490 excluding VAT, payable online in a single payment

The Seller then validates their Winegrower profile by accessing the mandatory fields of their profile, their  services and their wine files. They are obliged to state the price of their Products and Activities, as well as the geographical area in which they are conducted, in the Winemaker's Space. The price of the Products and Activities displayed on the Sites corresponds to the best price available for a Product equivalent to the Seller concerned, no more advantageous price being able to be obtained by a Buyer directly from the Seller or via another third party, another means, or another source

The information entered must be accurate and will be updated regularly. The Seller is responsible for the accuracy of, and updates to, his/her profile within the Winegrower's Space. It is strictly forbidden to create an account without the purpose of collaboration with Les Grappes, to provide inaccurate information, or to attribute certifications without having received the official documents, which must be provided when entering the technical data sheets of the Products.

Once their account has been created and duly completed, the Seller is published and becomes visible online when the activities or Products have been fully documented and validated by Les Grappes. The Seller can then start receiving orders. An order validated by the Seller is irrevocably binding. However, Les Grappes reserves the right to refuse an order from a Buyer for any abnormal request, made in bad faith, or for any legitimate reason A page presenting the Seller may be created and maintained without a Product or Activity being sold.

Article 4. Conditions of sale of Products and Activities

4.1. 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.

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

The Seller shall comply with applicable legislation relating to the sale of alcoholic beverages and more generally with regard to the Products he sells on the Site. The Products presented on the Site by the Seller shall be understood to be cleared and duty paid and shall bear the French Marianne labels (CRD) in accordance with French law. The rules for the presence or absence of CRD Mariannes may be subject to adjustment depending on the country of final sale. The Seller undertakes and guarantees that it will only sell Products of which it is the owner or to which it has rights. The Seller guarantees that the Products do not contravene in any way the laws, regulations in force and applicable standards and that they do not infringe the rights of third parties. Les Grappes shall therefore not be held responsible if the content of the Products or Activities sold is defective or unfit for consumption.

 4.2 Obligations relating to Product offers on the Site

 4.2.a Legal obligations of the Seller

The Seller undertakes to comply with all legal obligations regarding the sale of Products and Activities. In this sense, the Seller shall ensure that the labels of the bottles contain the legal information required by legislation in the country in which the bottle is sold. It is the responsibility of the Seller to ensure that their bottles or Products comply with legal obligations. In this context, Les Grappes cannot be held responsible for any failure to do so.

In accordance with Article 100 of the Mobility Orientation Law, Measure no. 11 of the Inter-Ministerial Committee on Road Safety (CISR), issued on January 9, 2018, aims to combat driving under the influence of alcohol by encouraging road users to self-assess their alcohol level. Websites selling alcoholic drinks must also offer breathalyzers for sale. You can order them here: order.

4.2.b Content and Rights

For each Product or Activity sold through the Site, the Seller shall have completed the Winegrower's Sheet and the Product Sheet via his personal space on the Site. The Seller therefore undertakes to communicate to the Buyers all information they required to understand the essential characteristics of the Product and the Activity. In fact, it is the Seller's responsibility to regularly update the information provided.

In this context, Les Grappes declines all responsibility for the accuracy of the information provided by the Seller on the Site.

The illustrations/visuals uploaded to the Site for the Product Sheet must comply with the Products thus illustrated and must respect the rights of third parties, in particular those of intellectual property. Thus, Les Grappes shall in no case be held responsible for any violation of third-party rights concerning visuals supplied by the Sellers.

The Seller ensures that the photos, documents, and information provided respect copyright or are in the public domain. They provide the necessary authorizations for the use of restricted content, photo credits, and any other material that Les Grappes may publish on its Site.

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

The Seller has all the necessary rights, powers, and authorities to use, (sub-)license and allow Les Grappes to make available, on the Sites, the Intellectual Property Rights that relate to, or are established or referred to in, the Seller Information available on the Sites.

4.2.c Textual content

With respect to written and verbal works, the Seller guarantees LES GRAPPES the prior and express authorization to grant the use of their proprietary rights on these works for the purposes, duration, and on the established territory of the present Contract.

The Seller remains the owner and grants a right of use, reproduction, and temporary distribution to LES GRAPPES, for the duration and within the territory provided for in the present Contract, all rights of distribution, reproduction, representation, and use of the textual content of the website of the LES GRAPPES Platform relating to the Product Sheets, namely the texts presenting the products offered for sale and the observations of the Winegrowers (hereinafter collectively referred to as the "Written Works").

The rights of use of the Textual Content granted by the Seller to LES GRAPPES include:

The right of reproduction, i.e. the right to reproduce, or to have reproduced, the Written Works, by any technical means, on the websites operated by LES GRAPPES as well as on all social and commercial networks for the exclusive use of its clients and/or members.

The right of representation, i.e. the right to communicate to the public (in their original language and in any translations that may be made) the Written Works on the websites operated by LES GRAPPES as well as on all social and commercial networks exclusively for its clients and/or members.

The right of adaptation, i.e. the right to apply any layouts made necessary by technical or commercial constraints to the Written Works, related to their use or reproduction, without altering them or damaging their essential characteristics. The Seller expressly accepts that the Written Works may be updated by LES GRAPPES, provided that these updates do not distort them.

The right to translate, i.e. the right to have all or part of the Written Works translated into any language.

4.2.d Visual content

The Seller grants to LES GRAPPES and its partners and/or for the needs of the websites it operates and social networks, for the duration and on the territory provided for in the present contract, the right of use for the reproduction, representation and usage of images related to the Advertisements of the website of the Platform LES GRAPPES, namely photographs of the Products offered for sale and photographs of the Winegrowers (hereinafter collectively referred to as the "Photographic Works").

The rights of use granted by the Seller to LES GRAPPES for visual content include:

The right of reproduction, i.e. the right to reproduce or to have reproduced the Photographic Works, by any technical means, on the website of Les Grappes, currently accessible on the websites operated by LES GRAPPES as well as on all social and commercial networks, for the exclusive use of its clients and/or members.

The right of representation, i.e. the right to communicate to the public the photographic Works on the Website at www.lesgrappes.com and www.lesgrappes.com/pro, to partners, and on all marketing materials for the exclusive use of its clients.

The right of adaptation, i.e. the right to apply any layouts made necessary by technical or commercial constraints to the Photographic Works, related to their use or reproduction, without altering them or damaging their essential characteristics.

 4.2.e Compliance with regulations regarding Appellations

The Seller undertakes, for all the products present on the Site, to comply strictly with the regulations of the appellation to the letter.

The Seller shall be held responsible for any infringement or failure to comply with the regulations set out in:

Articles 45 and 55 of Commission Delegated Regulation No. 2019/33, supplementing Regulation (EU) no. 1308/2013 as regards applications for the protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation - Mention of a term indicating a geographical area for wines not benefiting from an indication or a geographical designation

Article L.121-2 of the Consumer Code - Deceptive commercial practice

Article 55 of Commission Delegated Regulation No. 2019/33 states:

"1. Pursuant to Article 120(1)(g) of Regulation (EU) No. 1308/2013 and without prejudice to Articles 45 and 46, only a grapevine product bearing a protected designation of origin, protected geographical indication or a geographical indication of a third country may have a reference on the label to the name of a geographical unit that is smaller or larger than the area of that designation of origin or geographical indication.”

A reference to a protected designation of origin is reserved for wines that benefit from it, as set out in Article 103 of Regulation (EU) No 1308/2013:

"Article 103 - Protection

I. A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine produced in conformity with the corresponding product specification.

2. A protected designation of origin and a protected geographical indication, as well as the wine using that protected name in conformity with the product specifications, shall be protected against:

(a) any direct or indirect commercial use of that protected name:

(i) by comparable products not complying with the specification of the protected name; or

(ii) in so far as such use exploits the reputation of a designation of origin or geographical indication;

(b) any misuse, imitation or evocation, even if the true origin of the product or service is indicated or if the protected name is translated, transcripted, or transliterated or accompanied by an expression such as "style", "type", "method", "as produced in", "imitation", "flavor", "like" or similar; and Article 119 of the same Regulation:

"Article 119 - Compulsory particulars

1. Labeling and presentation of the products referred to in points 1 to 11, 13, 15 and 16 of Part II of Annex VII marketed within the Union or for export shall contain the following compulsory particulars:

(a) the designation for the category of the grapevine product in accordance with Part II of Annex VII;

(b) for wines with a protected designation of origin or geographical indication:

(i) the term "protected designation of origin" or "protected geographical indication"; and

(ii) the name of the protected designation of origin or protected geographical indication

Reference to communes or to an appellation region could be misleading to the consumer and make him think that these products are indeed appellation wines. This constitutes a deceptive commercial practice within the meaning of Article L.121-2 of the Consumer Code:

"1. A commercial practice is deceptive if it is committed in one of the following circumstances: (...)

2. When it is based on false or deceptive claims, indications or presentations relating to one or more of the following: (...)

b) the essential characteristics of the good or service, namely: its substantive qualities, composition, accessories, origin, quantity, method and date of manufacture, the conditions of its use and its fitness for purpose, its properties and the results expected from its use, as well as the results and main features of the tests and checks carried out on the good or service (...)".

Violations of these provisions are punishable under Article L.132-2 of the Consumer Code by two years' imprisonment and a fine of 300,000 Euros according to the Directorate-General of Competition, Consumption and Fraud Repression.

4.3. Obligations relating to the sale of Products and Activities

a. The sale of the Products offered by the Sellers on the Site is concluded on the resolutive condition that the Product, the Activity, or the Provision is available.

b. The Seller is informed without delay by e-mail by Les Grappes when a Product 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 Product(s), Service(s) or Activity(ies) ordered, or in the event that the Seller has not made known the unavailability of the Product(s) ordered, the Seller shall undertake to:

- prepare the order and deliver it to the Carrier within seventy-two (72) working hours

- to provide the Activity on the date requested by the customer

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

4.4 Obligations relating to the delivery of Products

The Seller undertakes to communicate via the Site the most detailed information possible as to the collection point for the goods so that the Carrier can easily get there.

The Seller shall, when preparing the order, insert a delivery note in each package.

The Seller undertakes to take all necessary care when packaging the Products ordered so as to avoid the Products being damaged during transport.

The Seller is prepared to affix an EAN code to its bottles at the request of Les Grappes when customers ask for it, without any additional cost added to the Purchase Price of Les Grappes.

Quality packaging is essential to ensure the safety of your shipment during transit. Always use corrugated cardboard, sturdy and in good condition for packages. For fragile or heavy items, the use of double or triple flute cardboard is strongly recommended. Avoid reusing old boxes as they may have lost some of their rigidity. Select packaging that is appropriate for the weight of your shipment. Avoid oversized packaging that may be crushed. Choose a box that is appropriate for the size of the contents. Never exceed 30kg per box.

Concerning the delivery service provider, there are two possible scenarios:

For orders of less than 24 bottles, delivery will be handled by DHL, Les Grappes' logistics partner;

For orders over 24 bottles, and depending on the location of the Seller when registering on the Site, they will have to ensure the deliveries by means of private carrier or resort to the logistics partner of Les Grappes.

4.4.1 Transport by the Seller

In the event that the Seller uses its own Carrier, the Seller shall be responsible for delivering the goods to the Customer. 

For orders of more than 24 bottles, Les Grappes will compensate the Seller on the basis of proof of invoice from the carrier and up to a maximum of 1.2€ pre-tax, per bottle

For orders under 24 bottles, the transport estimate must first be submitted to Les Grappes for validation before shipping.

In the event that damage occurs while Products are being delivered to the Buyer, the Winemaker will receive instructions from Les Grappes and will not process the Buyer's claims directly, and will notify Les Grappes within 36 hours, as provided in Art.4.

4.4.2 Transport through Les Grappes’ logistics partner

In the event that Les Grappes collects the goods from the Seller's place of delivery, they shall be responsible for transporting the goods to the Customer.

In the event that damage occurs while Products are being delivered to the Buyer, the Seller shall receive instructions from Les Grappes and shall not process the Buyer's claims directly, and shall notify Les Grappes within 36 hours, as provided in Art.4. In order to prevent breakage, the Seller acknowledges that they use quality packaging and bear responsibility for the use of cardboard thicknesses that are not suitable for courier transport.

In the event of product breakage during transport organized by Les Grappes, if the breakage is identified and acknowledged by the carrier, and if the recipient customer chooses to be re-delivered the products initially ordered rather than obtain a credit note, then the Seller will be required to re-deliver the Products to the Purchaser. The Buyer will provide an invoice for the broken products to Les Grappes within 48 hours of the damage being reported. The Buyer will be reimbursed after the carrier has reimbursed Les Grappes for the amount of the breakage.

In the context of article 3, the Seller shall warn of any absence that could impede processing of orders for Products or Activities. The Seller shall be obliged to inform Les Grappes of his absence on his Winegrower's Space or, failing that, by e-mail.

Article 5. Non-solicitation

As the Site offers a service for putting Sellers and Buyers in contact with each other, it is the responsibility of Les Grappes to ensure the relationship between Sellers and Buyers. In this context, the Seller is formally forbidden to contact directly and/or address directly the Buyer, whether he/she is a private individual or a professional, during the entire duration of the contract and up to three (3) years after its end date or termination.

Should direct contact be made at the initiative of the Buyer, the Seller shall inform Les Grappes within 36 hours and shall ask Les Grappes to take charge of the communication and resolution of any request on their part. Les Grappes will therefore be responsible for the relationship with the Buyer. In the event of non-compliance with this rule, Les Grappes reserves the right to impose a penalty on the Seller accordingly.

Should a Sale of Products or Activities occur directly between the Seller and the Buyer, outside the context of Les Grappes, penalties corresponding to a ratio of five times (5 times) the amount sold will be demanded by Les Grappes. If the amount was not known to Les Grappes, a lump sum of €2,500, excluding tax, will be requested by Les Grappes from the Seller. This penalty shall be legally due upon receipt of a formal notice and without prejudice to any damages that Les Grappes may claim as compensation for its loss.

In the case of a new customer whom the Seller approaches directly during a proven prospecting phase or in response to a Call for Tender from Les Grappes, a fixed penalty of €5,000 excluding tax will be requested as compensation for the loss estimated by Les Grappes or an amount linked to the value of the first order. Proof of the amount of the order shall be the responsibility of the Seller.

Article 6. Sale price

 6.1. Duration of validity of Prices

Given the commitments made by Les Grappes with its various buyers, the selling prices between the Seller and Les Grappes are fixed from March 1st to February 28th of the following year. 

6.2. Responsibility for the prices offered

The prices are entered within the Winegrower’s Space at the sole responsibility of the Seller. Once the price lists are published in the "Price List" menu within the Winemaker's Space, the Seller has 48 hours to verify said prices and take the necessary steps to change any erroneous prices. After this period, the Price is deemed validated, published, and accepted by both parties and shall remain valid for one year.

If the Seller wishes to modify the Seller's Price for one or more of its Products, the latter must inform Les Grappes, which will then carry out the price modification directly within the Winegrower's Space of the Site.

6.3. Setting of resale prices

Les Grappes is free to set its resale price. Therefore, Les Grappes may choose to accept a change in the Seller's price for a Product it purchases but not apply the change to the resale price it charges on the Site.

It is also agreed with the Seller that price negotiations will result in the creation of price lists defined by their term and the fixed price for said term. An annual increase, for example, cannot affect the price agreed between Les Grappes and the Seller for the given time period. By default, any price agreement with a customer will be valid for one year from the date of creation of the specific price list.

Should an Individual make a purchase of 24 bottles or more from the same Seller, Les Grappes will request a purchase price corresponding to the purchase price agreed upon for sale to a Wine Merchant. Indeed, orders from Individuals for a number of bottles equal to or greater than 24 bottles are deemed, in Les Grappes' classification, to be a purchase from a wine merchant customer, and as such Les Grappes benefits from a corresponding purchase price. However, Les Grappes will charge the customer a resale price as per its usual price for private individuals.

6.4. Reservations and special allocations

Volume reservations made by the Seller are for a given period, or by default for one Year. If the winegrower reserves a certain volume of inventory for Les Grappes and its customers, he must respect this commitment so that Les Grappes' customers can be supplied according to the agreed-upon inventory, at the agreed-upon price.

Any modification of prices and inventory held in reserve must be expressly communicated to Les Grappes for amicable arbitration and within a period of one month so that it may be implemented.

In the event of failure by the Seller to ensure the availability of the reserved quantity, or in the event of a change in price during the agreed period, the Seller shall assume any financial recourse requested by the customer and Les Grappes.

Article 7. Terms of payment for Products and invoicing

7.1. Acceptance of orders

All data relating to each order, i.e. the quantities, the identity and geographical location of the customer, and the bottles to be sent, are also included on the order form.

The prices are established beforehand, as per article 6.

By clicking on "prepare the order" in the Winegrower's Space, the Seller accepts all parameters relating to invoicing of this order: price, quantity, type of customer, geographical location, transport conditions and delivery conditions.

In case of refusal, he/she must express his/her disagreement with these parameters before processing the order.

The selling prices that Les Grappes charges the Buyer are established based on the prices displayed on the Winegrower's Area or on quotations, if applicable, and are retransmitted to the Seller when the order is placed. If the latter confirms the order, he accepts the conditions and the price.

No complaints regarding the purchase prices agreed upon at the time of the order will be accepted.

In the event of an error attributable to the Seller while preparing the order, the Seller alone shall bear the costs incurred by the Buyer's decision to be reimbursed by returning the products. In the case of an error where one Product is mistakenly substituted for another, the Seller is required to send the correct product ordered by the Buyer. He/she may ask that Les Grappes ask the Buyer to return the incorrect products before sending the Product which was originally ordered again. In the event of a complaint and a request for compensation by the customer, a lump sum is detailed in Article 10. Liability will be requested from the Seller and passed on to the Buyer as compensation for the damage suffered by the Buyer.

7.2. Invoicing procedures

The Seller is required to issue a monthly invoice for all sales shipped during the previous month. All orders honored by the Seller at the prices and quantities previously accepted by the Seller in accordance with Art. 7.2 shall be listed on a proforma invoice drawn up and sent to the Winemaker at the beginning of each month.

The Seller is then required to upload his invoice on the LES GRAPPES interface.

Any invoice implies analysis, acceptance, or refusal by LES GRAPPES.

In case of acceptance, the payment is made by LES GRAPPES upon the due date mentioned in article 7.3. The processing status of each invoice, by LES GRAPPES, is displayed within the seller's personal space.

Should the invoice be refused for not matching the proforma invoice, the Seller is notified of the refusal and the associated reason for refusal. The Seller shall issue a new invoice corresponding to the proforma invoice, knowing that the parameters have been previously accepted during the processing of the order.

In the event of an error or difference in amount between the payment and the invoice(s), difficulties with cross-referencing a transaction, or any other questions relating to the debt owed by Les GRAPPES to the seller, the Seller is required to clearly communicate the object of the disagreement or concern to compta@lesgrappes.com.

7.3. Term of payment

LES GRAPPES pays the Seller within 30 days of the end of the month. 

Article 8. Personal data

In accordance with article 10 of the GTC, information and data relating to any individual representing the Sellers are processed by Les Grappes; they are essential for managing the relationship with the Seller and their access to the Site and its Services. This information and data is also kept for security purposes, in order to comply with any legal and regulatory obligations incumbent upon Les Grappes.

The Seller undertakes to use the Buyer's personal data, transmitted to them by Les Grappes, solely for the purposes of delivering the Products and to enable them to fulfill their legal obligations. Any other use, rental, sale, resale, or copy by the Seller is prohibited.

Article 9. Online promotion and marketing

 9.1. Promotion of the Products

Les Grappes is allowed to promote the Seller by using the name(s) of the Seller(s) in online marketing campaigns, including email campaigns and/or pay-per-click (PPC) advertising. Les Grappes launches online marketing and communication campaigns at its own expense and at its sole discretion.

9.2 Methods used

The Seller is deemed to be aware of the methods of operation of search engines, such as content indexing and URL ranking. If it comes to the attention of the Seller that the behavior of Third-Party Sites infringes the Seller's Intellectual Property Rights, Les Grappes agrees that the Seller shall inform it in writing of the details of such behavior. Les Grappes will use commercially reasonable and ethical methods to ensure that the relevant Third Party takes appropriate action to remedy the infringement of the Seller's rights.

9.3. Responsibility

The Seller agrees not to specifically target the Les Grappes brand through keyword purchases which are subject to Les Grappes' Intellectual Property Rights.

9.4. Use of logos and communication

Les Grappes may use the brand or logo belonging to the Seller to promote the Seller's use of the Site and its Services.

It is understood that the parties may issue communications on the existence of their partnership, subject to the prior agreement of the parties on the wording of the press release.

Article 10. Liability

 The Seller guarantees and indemnifies Les Grappes against any damage suffered by Les Grappes and against any liability action that may be brought against Les Grappes due to the violation by the Seller of any right whatsoever of a third party, including a Buyer, whether this damage results from the sale of Products, from the use made by the Seller of the Site's services, or from any other cause attributable to them.

Les Grappes’ liability towards the Seller can only be incurred for causes that are directly attributable to them and is in any case limited to the amount corresponding to the orders placed in the previous month. They cannot be held liable for indirect damage, in particular the loss of opportunity to sell Products should the Site's Services be unavailable.

Les Grappes declines all responsibility with regard to sales concluded through the Site and its Services. Any claim relating to Products that is brought to the attention of Les Grappes will be transmitted to the Seller concerned, who will assume full and sole responsibility, including the costs of recall, return, and customer compensation.

In addition, if the complaint is justified and is the responsibility of the Seller, it will lead to financial compensation of €15 in the form of a voucher issued to the Buyer, and the Seller shall be invoiced for the same amount by Les Grappes.

Article 11. Partial nullity

 Any clause of the Seller's GCU that is declared null and void in application of a law, a regulation, or a final decision of a competent court shall be rendered ineffective, but its nullity shall not affect the other stipulations or the validity of the Seller's GCU.

Article 12. Disputes and litigation with Buyers

 In the interest of defending the Site's Buyers and its brand image, Les Grappes reserves the right to intercede with the Seller to resolve any dispute.

Disputes are settled directly between the Buyer and Les Grappes. However, Les Grappes reserves the right to consult the Seller, who undertakes to reply within thirty-six (36) working hours of the Buyer's complaint.

The Seller shall make the best effort to assist Les Grappes in the resolution of the dispute/litigation between Les Grappes and the Buyer and shall use its best effort to reach an amicable resolution of the dispute/litigation.

Les Grappes will not become involved in the process of returning Products, whatever the cause of the return. Consequently, the Products will be returned directly to the Seller's return address as indicated on the Site; Les Grappes does not accept returns of Products. In the event that a Product is returned to Les Grappes, Les Grappes will return the Product to the Seller at the Seller's expense.

The Seller agrees that Les Grappes shall retain any payment to be made to the Seller until the claim has been deemed settled by the Seller and the Buyer.

Article 13. Force Majeure

 Les Grappes cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale is due to force majeure. In this respect, force majeure is understood to be any external, unforeseeable and insurmountable event as per the meaning of Article 1148 of the Civil Code. Any other case is expressly excluded. The Party that is the victim of Force Majeure shall immediately inform the other Party by registered letter of the occurrence, its duration and the foreseeable consequences. The obligations of the Parties shall be suspended for the duration of the Force Majeure. In the event that this suspension lasts for more than thirty (30) days from the date of notification (date of receipt or first presentation of the registered letter), the first Party to take action may notify the other Party by registered letter of immediate termination of the Contract, without any compensation being due.

In the event of force majeure, the Seller shall not charge any costs and shall proceed to the reimbursement (if applicable) of the Buyers affected by said 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) regarding any component of a 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 Product affected by the force majeure event so that Les Grappes can take note of any cancellation, withdrawals, or changes of booking relating to a force majeure event. Les Grappes will not charge a commission fee on no-shows, cancellations, and unused portions of bookings resulting from such force majeure.

Article 14. Duration - Termination - Cessation of the contract

 This Contract is signed for a minimum period of one (1) year, renewable by tacit agreement each time for the same period of one (1) year.

At the end of each one (1) year period, it may be terminated by either Party, subject to a minimum notice period of six (6) months prior to the expiry of the current one (1) year period and, beginning upon receipt of the notification that will be sent to Les Grappes by registered letter with acknowledgement of receipt.

A Seller selected by Les Grappes shall give 6 months' notice to leave the platform and Les Grappes' partner platforms. It is hereby specified that the sale of inventory by Les Grappes' customers will not be limited by any deadline. A winegrower remains committed to this agreement as long as all outstanding payments and invoices, up to the end of the commitment period, have not been paid to Les Grappes.

In the event of non-performance and/or poor performance of the Agreement by the Seller, the Agreement may be terminated by operation of law at the request of Les Grappes fifteen (15) days after formal notice, by email or registered letter with acknowledgement of receipt, which has remained without effect and which specifies the outstanding obligation(s), and depending on the seriousness of the situation, with prejudice to any claim for damages.

Incidents that would lead Les Grappes to terminate the contract by right and make a claim for damages are

Incorrect application of the sale price, as observed by Les Grappes

Direct contact on the part of the Seller with a Buyer or Les Grappes' prospects

Non-compliance or an accumulation of non-compliance with orders, resulting in dissatisfaction on the part of Buyers or Les Grappes' teams

The failure to adhere to the Les Grappes supplier code

Article 15. Competent court

 Any dispute relating to the interpretation and execution of the present 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.