Terms of sale for trade customers

Language

These terms are a translation of the French conditions générales de vente. If the two versions differ, the French version prevails.

1. Scope

These terms of sale apply to every sale between PECETTE SAS, Perpignan Trade Register 940 507 809 ("PECETTE"), and its trade customers (the "Customer") through the trade portal at pro.pecette.com.

They form the basis of commercial negotiation under article L441-1 of the French Commercial Code. Placing an order means accepting them. They prevail over the Customer's purchasing terms unless PECETTE agrees otherwise in writing.

2. Trade account

Prices and ordering are reserved for businesses (restaurants, bars, wine shops, delicatessens, distributors) established in France or another European Union member state. The Customer opens an account and fills in its company details, including its SIRET for a French company or its EU VAT number for a company established in another member state.

PECETTE approves each account and assigns the Customer a price category. It may refuse or suspend an account, in particular if the information given is inaccurate or an invoice is left unpaid.

The Customer is responsible for keeping its login details confidential. Any order placed from its account is deemed placed by the Customer.

3. Products

The products are alcohol-free aperitifs, sold in bottles, by cartons of 6 bottles. Their ingredients are on the label. Photographs are for illustration.

4. Prices

Prices are those of the Customer's price category, shown in its account on the day of the order. They are in euros, excluding VAT, per bottle. VAT at the applicable rate is added for deliveries in France.

For delivery to another member state, the invoice is issued without VAT under the reverse-charge mechanism, provided the Customer's EU VAT number is valid.

PECETTE may change its prices at any time. The applicable price is the one shown when the order is confirmed.

5. Orders

The Customer picks its products by the carton (1 to 166 cartons per item), checks the summary, then confirms the order. An order form is sent by e-mail.

Any order above €5,000 excluding VAT goes through an internal approval and a deposit, by card or bank transfer: 30 % of the amount including VAT on the first order, 10 % on later orders. It is confirmed only once that deposit is received.

PECETTE may refuse an abnormal order, one placed in bad faith, or one from a Customer with an unpaid invoice.

6. Delivery in France

Orders are delivered by the carrier Geodis to the address in the company record. A delivery contribution applies, based on the order's total number of cartons:

• 1 or 2 cartons: €2.00 excluding VAT per bottle;
• 3 cartons: €1.50 excluding VAT per bottle;
• 4 cartons or more: free delivery.

Delivery times are indicative. A delay does not entitle the Customer to cancel the order or to compensation unless PECETTE agrees in writing.

7. Delivery within the European Union

For a Customer established in another member state, the Customer arranges and pays for transport. PECETTE sends a pro forma invoice, paid by bank transfer before dispatch. The final invoice is issued at dispatch, with the required documents.

8. Receipt and claims

The Customer checks the condition and number of parcels on delivery, in the carrier's presence. Any damage or shortage must be written precisely on the delivery note, then confirmed to the carrier by registered letter within three days, excluding public holidays, as required by article L133-3 of the French Commercial Code, with a copy to bonjour@pecette.com.

Any other non-conformity must be reported to PECETTE within 48 hours of delivery, with photos. No return is accepted without PECETTE's prior agreement. If the claim is justified, PECETTE replaces the products or issues a credit note.

9. Payment

The Customer chooses the payment method when ordering:

• card: payment is made online through Stripe. The order is confirmed on payment and the invoice issued straight after;
• bank transfer: the invoice is issued on delivery and is payable within 30 days of the delivery date.

No discount is given for early payment.

10. Late payment

Any late payment automatically incurs, from the day after the due date and without prior notice, late-payment interest at the European Central Bank's most recent refinancing rate plus 10 percentage points, and a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code). Further compensation may be claimed, with evidence, if recovery costs are higher.

PECETTE may also hold any pending order until all amounts due are paid.

11. Retention of title

The products remain PECETTE's property until the price is paid in full, principal and costs. The risk of loss or damage passes to the Customer on delivery, or on handover to the Customer's carrier for deliveries within the European Union.

12. Liability and force majeure

PECETTE's liability is limited to the amount of the order concerned. PECETTE is not liable for a failure caused by force majeure within the meaning of article 1218 of the French Civil Code, nor for indirect loss suffered by the Customer.

13. Personal data

Data provided by the Customer is processed under the trade portal's privacy policy, linked at the bottom of every page of the Site.

14. Governing law and disputes

These terms are governed by French law. Failing an amicable settlement, any dispute over their interpretation or performance falls under the exclusive jurisdiction of the Perpignan commercial court.

15. Changes to these terms

PECETTE may change these terms. The applicable version is the one in force on the date of the order, available at any time on this page.