Seller Terms of Use

To access the Site's Services, the Vendor undertakes to use all necessary means in good faith to fulfill its obligations by providing a quality service to Buyers. In particular, it undertakes to respond to emails from Les Grappes within forty-eight (48) hours of their receipt. 

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

The Vendor shall comply with the applicable legislation relating to the sale of alcoholic beverages and, more generally, with regard to the Products it sells on the Site. The Products presented on the Site by the Vendor shall be understood to include Duties and Taxes paid and shall obligatorily bear French Marianne capsules (CRD) in accordance with the French legal framework. The rules for the presence or absence of CRD Mariannes may be adjusted according to the final country of sale. The Vendor undertakes and guarantees that it will only sell Products of which it is the owner or over which it has rights. The Vendor guarantees that the Products do not in any way contravene applicable laws, regulations, and standards and that they do not infringe the rights of third parties. 

Les Grappes cannot therefore be held responsible if the content of the Products or Services sold is defective or unfit for consumption. 

4.2. Obligations relating to Product offers on the Site 

4.2.a Legal obligations of the Vendor 

The Vendor undertakes to comply with all legal obligations for the sale of Products and Services. In this regard, it ensures, in particular, that the labels of the bottles display the legal information required by the legislation of the country in which the bottle is sold. It is the Vendor's responsibility to ensure that its bottles or Products comply with legal obligations. In this context, Les Grappes cannot be held responsible for any failure in this regard. 

In accordance with article 100 of the Mobility Orientation Law, measure n°11 of the Interministerial Road Safety Committee (CISR) of January 9, 2018, aims to combat drunk driving by encouraging road users to self-assess their alcohol level. Online alcoholic beverage sales sites must offer breathalyzers for sale. You can order them here: order them. 

4.2.b Content and Rights 

For each Product or Service sold through the Site, the Vendor will have previously completed the Winegrower Sheet and Product Sheet via their personal space on the Site. The Vendor therefore undertakes to communicate to Buyers all information allowing them to know the essential characteristics of the Product and the Service. In fact, it is the Vendor's responsibility to regularly update the information provided. 

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

The illustrations/visuals uploaded to the Site for the Product Sheet must conform to the Products thus illustrated and respect the rights of third parties, particularly intellectual property rights.  

Thus, Les Grappes cannot in any case be held responsible for a violation of the rights of third parties concerning visuals provided by the Vendors. 

The Vendor ensures that the photos, documents, and information provided comply with copyrights or are royalty-free. They provide the necessary authorizations for the use of restricted content, photo credits, and any other medium that Les Grappes may publish on its Site. 

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

The Vendor possesses all necessary rights, powers, and authorities to use, grant a (sub)license, and allow Les Grappes to make available, on the Sites, the Intellectual Property Rights relating to the Vendor Information available on the Sites, or which are established or referred to therein. 

4.2.c Textual content 

Regarding written and image works, the Vendor guarantees LES GRAPPES prior and express authorization to grant it the use of their proprietary rights over these works for the needs, duration and territories agreed upon.  

The Vendor remains the owner and grants a right of use, reproduction and temporary exploitation to LES GRAPPES, for the duration and in the territory provided for in these Vendor T&Cs, all exploitation, reproduction, representation and use rights of the textual content of the LES GRAPPES Platform website relating to the Product Sheets, namely in particular the presentation texts of the products offered for sale and the Winegrowers' observations (hereinafter collectively referred to as the "Written Works"). 

1. A protected designation of origin and a protected geographical indication may be used by any operator marketing a wine produced in accordance with the corresponding specifications. 

2. A protected designation of origin and a protected geographical indication, as well as the wine which uses this protected denomination in compliance with the corresponding specifications, are protected against: 

a) any direct or indirect commercial use of this protected denomination: 

i) for comparable products not complying with the specifications linked to the protected denomination; 

ii) to the extent that such use exploits the reputation of a designation of origin or geographical indication; 

b) any usurpation, imitation or evocation, even if the true origin of the product or service is indicated or if the protected denomination is translated, transcribed, transliterated or accompanied by an expression such as "kind", "type", "method", "style", "imitation", "taste", "manner" or a similar expression; 

and Article 119 of the same regulation: 

"Article 119 - Mandatory indications 

1. The labeling and presentation of products referred to in Annex VII, Part II, points 1 to 11, 13, 15 and 16, marketed in the Union or intended for export, shall include the following mandatory indications: 

a) the name of the product category of the vine in accordance with Annex VII, Part II; 

b) for wines benefiting from a protected designation of origin or a protected geographical indication: 

i) the terms "protected designation of origin" or "protected geographical indication"; 

ii) the name of the protected designation of origin or geographical indication"; 

The reference to municipalities or an appellation region could mislead the consumer and make them believe that these products are indeed appellation wines. This constitutes a misleading commercial practice, within the meaning of Article L.121-2 of the Consumer Code: 

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

B) When it is based on false or misleading allegations, indications or presentations concerning one or more of the following elements: (...) 

B) The essential characteristics of the good or service, namely: its substantial qualities, its composition, its accessories, its origin, its quantity, its method and date of manufacture, the conditions of its use and its suitability for use, its properties and the expected results of its use, as well as the results and main characteristics of the tests and controls carried out on the good or service (...)." 

Infringements 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 Inspector of Competition, Consumer Affairs and Fraud Prevention. 

4.3. Obligations relating to the sale of Products and Services 

The sale of Products offered by Vendors on the Site is concluded on the condition precedent that the Product, Service or Service is available. 

The Vendor will have a period of twenty-four (24) working hours to inform Les Grappes of the unavailability of one or more ordered Products/Services. 

In case of availability of the ordered Product(s), Service(s) or Service(s) or in case the Vendor has not manifested the unavailability of the ordered Product(s), the Vendor undertakes to: 

- deliver the goods to the Mâcon warehouse on its own initiative, at the latest before the expiration of the seventh (7th) working day following the date of receipt of the order. 

In case of exceptional agreement for collection by Les Grappes from the Supplier, the latter undertakes to make the order available for collection within a maximum of three (3) working days. 

The Vendor shall regularly check, at least once per working day, the emails received at the address provided to Les Grappes to ascertain the list of Products ordered by Buyers, the availability of which it must confirm within the previously mentioned deadline. 

4.4. Obligations regarding Product delivery 

The Vendor must insert a delivery note on each pallet or package when preparing the order. 

The Vendor undertakes to take all necessary care in packaging the ordered Products to prevent them from being damaged during transport. 

The Vendor plans to be able to affix an EAN code to its bottles at the request of Les Grappes when its clients request it, and this without any additional cost to the purchase price of Les Grappes. 

Quality packaging is essential to ensure the safety of your shipment during transit. Always use sturdy, undamaged corrugated cardboard for packages. 

To prevent breakage, the Vendor acknowledges using quality packaging and is responsible for using cardboard thicknesses unsuitable for parcel delivery. 

Delivery and Product Availability: 

The Supplier undertakes to inform Les Grappes in writing, as soon as it becomes aware of it, of any difficulty likely to lead to unavailability or stock-out of the Products. This prior information shall in no case constitute authorization for stock-out. The Supplier remains obliged to implement all necessary means to ensure the continuous supply of Products, except in duly demonstrated cases of force majeure. 

Unless otherwise agreed between the parties, the Supplier ensures the delivery of ordered products to the address indicated by Les Grappes (logistics platform located in Mâcon) within the deadlines and according to the terms defined in these Vendor T&Cs. In case of a specific agreement providing for collection of products by Les Grappes, the logistical terms and the assumption of transport costs will be determined in writing between the parties. 

In the event of collection organized by Les Grappes, the Supplier undertakes to make the products available on the agreed date, time slot, and location. Any delay, absence, refusal of delivery, or unavailability of products attributable to the Supplier, necessitating the rescheduling of transport, will result in the re-invoicing to the Supplier of the corresponding logistical costs, including the cost of the initial transport and that of the second passage. The amount of these costs will be capped at the actual cost of the logistical service associated with the first failure and redelivery. However, the Supplier will have the possibility to present supporting documents within fifteen (15) days, in case of legitimate dispute of its responsibility for these non-availability of products on the scheduled date. These costs will be reimbursed by the Supplier or will be subject to a credit note issued by the latter, for the benefit of Les Grappes. 

In the event of delay in delivery or making goods available attributable to the Supplier, including in cases of unavailability of Products or stock shortages not justified by a duly demonstrated force majeure event by the Supplier and assessed in light of objective elements communicated to Les Grappes, and resulting in Les Grappes incurring contractual penalties from its own clients, Les Grappes will re-invoice the Supplier for the entirety of said penalties, upon presentation of corresponding supporting documents. 

Prices are pre-set as per Article 6. No claims regarding purchase prices agreed at the time of order will be accepted. 

The Vendor is required to issue monthly invoices for all sales shipped during the previous month via the warehouse. All orders fulfilled by the vendor at the prices and quantities previously accepted by the vendor in accordance with Article 7 will be listed on a proforma issued and sent to the winegrower at the beginning of each month. 

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

In case of acceptance, payment is made by LES GRAPPES on the due dates mentioned in Article 7. 

In the event of invoice rejection due to non-correspondence with the proforma, the vendor is notified of the rejection with the associated reason. The Vendor must issue a new invoice corresponding to the proforma, knowing that the parameters were previously accepted during order processing. 

In case of error or difference in amount between the payment and the invoice(s), difficulties in reconciling the transaction, or for any other question related to Les GRAPPES' debt to the vendor, the Vendor is required to clearly communicate the subject of disagreement or question to the email address compta@lesgrappes.com. 

Les Grappes undertakes to pay invoices within 30 days end of month, from the date of receipt of the invoice. 

Article 8. Personal Data 

In accordance with Article 10 of the GTC, information and data relating to any natural person representing the Vendors are processed by Les Grappes; they are essential for managing the relationship with the Vendor and their access to the Site and its Services. This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations incumbent, where applicable, on Les Grappes. 

Article 9. Online promotion and marketing 

9.1. Product promotion 

Les Grappes is authorized to promote the Vendor by using the Vendor's name(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 sole discretion. 

9.2. Methods used 

The Vendor is deemed informed of the operating methods of search engines, such as content indexing and URL ranking. If the Vendor becomes aware that the behavior of Third-Party Sites violates the Vendor's Intellectual Property Rights, Les Grappes agrees that the Vendor will inform it in writing of the details of said behavior. Les Grappes will employ commercially reasonable and ethical methods to ensure that the Third Party concerned takes appropriate measures to remedy the non-compliance with the Vendor's rights. 

9.3. Responsibility 

The Vendor agrees not to specifically target the Les Grappes brand through keyword purchases that 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 Vendor to promote the Vendor's use of the Site and its Services. 

It is understood that the parties may communicate about the existence of their partnership subject to the prior agreement of the parties regarding the wording of the press release. 

Article 10. Responsibility 

Article 15. Competent Court 

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

In case of dispute relating to the execution or interpretation of these Vendor T&Cs, the parties undertake to seek an amicable solution by written notification, specifying the reasons for the dispute and meeting within fifteen (15) days from the notification. Failing an amicable agreement within thirty (30) days following the first notification, the dispute will be submitted to the exclusive jurisdiction of the courts of Mâcon.