Conditions that may be modified in 2017 according to the evolution of the laws (Law of Modernization of the Economy) and commercial conditions 2017.
ROSEBAYLA is a trademark of WEST FORO whose head office is located at 224, rue Lucie and Raymond Aubrac - 78955 Carrières-sous-Poissy.
Products concerned for consumers and / or professionals: wines, spirits and other alcohol drinks as well as the grocery and other foodstuffs present on the ROSEBAYLA 2017 Price list. New references may be added and will be the subject of an addendum. These General Conditions of Sale and Delivery of Goods apply to the products of the above range delivered and invoiced to the customers. Any order placed with the company ROSEBAYLA implies a membership without reservation of the General Conditions of Sale and Delivery of goods of this one as well as of the price in force, whatever the contrary provisions which may appear on any document emanating from its customers, to unless they have been expressly accepted by Rosebayla Company.The customer got knowledges that he/she has received the necessary advice and information in order to ensure that the offer matches his needs.The customer declares to be able to contract legally under the French laws or validly represent the natural or legal person for whom it undertakes.In the absence of evidence to the contrary, the information recorded by our Company constitutes proof of all the transactions.
The seller reserves the right to modify the present, at any time, by the publication of a new version on its website. The applicable GTCs then are those in effect on the date of payment (or the first payment in case of multiple payments) of the order.
1 / ORDERS
The customer will have to follow a series of specific steps to each Products offered by the Seller to be able to carry out his order.
However, the steps described below are systematic:
- Choice of the Product, if any of its options and indications of the essential data of the Customer (identification, address ...); - Acceptance of these Terms and Conditions of Sale; - Verification of the elements of the order and, if any wrong case, correction of errors;- Follow-up instructions for payment, and payment of products; - Delivery of products.
The Customer will then receive the order payment confirmation by e-mail, as well as a confirmation of receipt of the order . The customer will receive a .pdf copy of the present general conditions of sale. For the products delivered, this delivery will be made to the indicated address by the Client.
For the purpose of successful completion of the order, and in accordance with article 1316-1 of the Civil Code, the Customer agrees to provide its truthful identification elements.The seller reserves the right to refuse the order, for example for any abnormal demand,
carried out in bad faith way or for any legitimate reason.
The orders become final only after acceptance of the company ROSEBAYLA which reserves the rights to refuse them in case of previous dispute and / or in progress with the customer or in case of force majeure to know: shortages of raw materials, fire, natural disasters, strikes or other labor disputes, accidents, stoppages of transport, breakage of machinery, etc., making it impossible to produce or manufacture and to inform the customer upon receipt of the order. Only one place of delivery per order can be registered. Orders for products for promotional purposes (wine fair, exhibition, etc.) are a confirmed orders and must be sent to the company ROSEBAYLA four weeks before the start of the operation envisaged by the customer and receive the written agreement of the company ROSEBAYLA.
2 / DELIVERIES
The minimum time between receipt of the order by ROSEBAYLA and delivery to the customer is between 10 to 30 working days (excluding promotion) according to the destination. Delivery times in our order confirmations are given only as an indication and do not entitle the buyer to cancel the sale, to refuse the goods or to claim damages. No systematic penalty and fixed penalty may be charged or deducted from a payment of goods for non-compliant or partial delivery delay or delivery, whatever the cause. It is expressly stipulated that the transfer of the risks of the ROSEBAYLA company to the buyer takes place as soon as the goods are taken over by the customer (Incoterm: Ex-work).
3 / GARANTEE
According to the law, the Seller assumes two guarantees: of conformity and relative to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products with apparently defective or are not corresponding to the order made.
No complaint can be taken into considered if the reserves of rigor have not been made with the carrier under the conditions provided for in Article L133.3 of the Commercial Code. These reserves will be confirmed to the company ROSEBAYLA by registered letter within 3 days, a photocopy of the delivery note, a picture of the defective product and the delvery note with signature of transporter must be attached. In case of delivery recognized as defective, the responsibility of the company ROSEBAYLA is strictly limited to the replacement of the recognized defective product. For any delivery free, the choice of the carrier belongs to the company ROSEBAYLA as well as the place of departure of the merchandise.
4 / Payments Terms
The invoices of the company ROSEBAYLA are payable at the order. Any settlement late than the deadline set by our general conditions of sale will automatically involve the payment of agios, per invoice, on the basis of 3 times of the legal interest rate of the ECB plus 10 percentage points (Article L441- 6 of the Commercial Code) to which will be added a package of sum indemnity for recovery costs of 40 euros (Decree 2012-1115 of 02 Oct 2012) applicable after the payment date shown on the invoice. Any justified billing litigation does not entitle the buyer to the suspension of payment of the invoice, for the uncontested part. All other invoices are due, extra-judicial compensation is prohibited.
5 / TARIF
The prices of the company ROSEBAYLA are possible to be reviewed; the goods and services are always invoiced at the price in force on the day of the confirmation and final order. The tarifs are for export, only for one-time delivery, and at a single ground floor delivery point. The prices listed on the communication supporters of ROSEBAYLA are expressing excluding VAT, including the Eco Emballages tax. The company ROSEBAYLA will endeavor in case of tarif changeed to gurantee the sending of the new tarif to the customers with a period of anticipation 2 weeks before its implementation.
6 / PROPERTY RESERVE CLAUSE
It is expressly agreed that the goods remain the property of ROSEBAYLA until the purchase invoice has been paid in full. (In accordance with the conditions stipulated by law n ° 80-335 of 12.5.80)
7 / INTELLECTUAL PROPERTY
Trademarks, domain names, products, software, images/pictures, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No any disposal of intellectual property rights is carried out through this GSC. Any total or partial reproduction, modification or use of these interllectual goods for any reason whatever is strictly prohibited
8 / JURISDICTION
In the event of a dispute, the Court of Versailles (78) will be the only competent court regardless of the place of delivery or the method of payment.
French law will be the only one applicable.