GENERAL CONDITIONS OF SALE
General terms and conditions
General terms and conditions of sale (CGV) provide a framework for commercial relations, and are included in contractual documents at
.
In 2018, the Vignerons Indépendants de France commissioned Maître Emmanuel
TRESTARD to draft CGVs for members. Since then, the
general regime for CGVs has been modified by the law of October 18, 2021 aimed at protecting
farmers' remuneration, known as "EGalim2. In order to take stock of the
changes that this law could bring about, and to update - if necessary - the already published
CGVs, we once again commissioned Me TRESTARD. Following his study, he informed us
that the Egalim 2 law does not impose any further obligations on winegrowers in terms of
drafting their CGVs.
At the same time, and in view of the major legislative developments of recent years, several
points also needed to be updated on the CGVs published in 2018.
Below, you'll find the updated terms and conditions of sale, along with a few points to bear in mind.
➢ On the possibility of revising the price:
It is quite possible to provide for a price revision clause or an indexation clause
based on the fluctuation of raw materials, which can be directly inserted into the
contracts binding the parties. A reference to this effect has been added to the price clause in the
general terms and conditions of sale.
➢ On the consumer mediator:
Under the terms of article L612-1 of the French Consumer Code,
professionals must guarantee consumers effective recourse to a mediation mechanism.
The GCS below contain a clause relating to disputes and provides that any dispute binding
the parties must be submitted to the prior arbitration of a third party, specifying “
arbitrator, mediator or conciliator”.
Please note: Professionals are obliged to inform consumers of
the contact details of the consumer ombudsman(s) to which they do not belong, by including this
information in a visible and legible manner on their website, on their general terms and conditions
of sale or service, on their order forms, or by any appropriate means (for example, by
).
➢ On the ADEME unique identifier:
Decree no. 2020-1455 of November 27, 2020, reforming the responsibility of
producers, inserted a new in the Environment Code, which states that as of
January 1, 2022, the ADEME unique identifier (sent to winegrowers via their
contract with ADELPHE) must appear in the general sales conditions or in any
other contractual document communicated to the buyer. It is therefore mandatory to insert this
personalized identifier on GSCs, purchase orders or invoices.
DISPUTES - CONSUMER MEDIATION
In the event of a dispute between the Customer and the company, the latter shall endeavor to resolve it amicably (the Customer shall send a written complaint to the professional or, where applicable, to the professional's Customer Relations Department).
In the absence of an amicable agreement, or in the absence of a response from the Professional within a reasonable period of one (1) month, the consumer Customer within the meaning of article L.133-4 of the French Consumer Code may, if a disagreement remains, refer the matter free of charge to the competent mediator registered on the list of mediators drawn up by the Commission d'évaluation et de contrôle de la médiation de la consommation in application of article L.615-1 of the French Consumer Code, namely :
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun - 33000 Bordeaux
