General terms and conditions of sale and use

1. About us

The company MOULIN DU VIVIER, SARL, with a capital of 68,450 euros, whose registered office is at SAINT-MARTIN-LALANDE (11400) écluse du Vivier, registered in the CARCASSONNE Trade and Companies Register under the number 591 950 118 represented by Mrs Sylvie MAURY (hereinafter the "Company") The Company markets the following products to its Customers via its Internet Site: flours, local products, animal feed.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "GTC/UGU"). Placing an Order implies acceptance of the GTC/UGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.

The Customer acknowledges that he/she has read and accepted these terms and conditions by ticking the box provided for this purpose before placing his/her online Order.

The GTC/UGs govern the conditions under which the Company sells its Products to its Professional and Consumer Clients via its Website.

They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Client's general conditions of purchase.

They are systematically communicated to the Client who requests them.

In the event of subsequent changes to the GTC/GU, the Customer shall be subject to the version in force at the time of the Order.

3. Definitions

"Customer" refers to the Professional or Consumer who places an Order for a Product sold on the Web Site;

"Order" means any order placed by the User registered on this Site;

"General Terms and Conditions of Sale and Use" or "GTC/UG" means these general terms and conditions of use and online sales;

"Consumer" means the buyer who is a natural person and is not acting for professional purposes and/or outside his professional activity;

"Products" means the material things that can be appropriated and that are offered for sale on this Site;

"Professional" means the buyer who is a natural or legal person acting in the course of his professional activity;

"Site" refers to the present Site, i.e. moulinduvivier.com ;

"Company" means Société Moulin du Vivier, as more fully described in Article I hereof; and

"User" means any person who uses the Site.

4. Registration

Registration on the Site is open to all legal entities or individuals of full age and enjoying their full personality and legal capacity.

The use of the Site is not conditional on the registration of a User. Registration is free.

To proceed with registration, the User must fill in all the mandatory fields; otherwise registration cannot be completed.

Users guarantee and declare on their honour that all the information communicated on the Site, in particular at the time of their registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to this information and available in their account.

Each registered User has a login and a password. These are strictly personal and confidential and may not be communicated to third parties under penalty of deletion of the account of the offending Registered User. Each Registered User is personally responsible for maintaining the confidentiality of his/her login and password. The Company shall not be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she must contact the Company as soon as possible, so that the latter can take the necessary measures and regularise the situation.

Each User, whether a legal entity or an individual, may only have one account on the Site.

In the event of non-compliance with the GTC/GU, in particular the creation of several accounts for one person or the provision of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending User.

The deletion of the account entails the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.

In the event of deletion of an account by the Company for failure to comply with the duties and obligations set out in the GTC/GU, the offending User is expressly prohibited from re-registering on the Site directly, via another email address or through an intermediary without the express permission of the Company.

5. Controls

Orders can only be placed once the User has registered on the Site. The User, when logged in to his/her account, can add Products to his/her virtual basket. The User can then access the summary of his/her virtual basket to confirm the Products he/she wishes to order and place his/her Order by pressing the "Order" button.

The Customer must provide an address, a delivery method and a valid payment method in order to finalise the Order and effectively form the sales contract between the Customer and the Company. Completion of the Order implies acceptance of the prices of the Products sold, as well as the terms and conditions and delivery times indicated on the Site.

Once the Order has been placed, the User will receive confirmation by e-mail. This confirmation will summarise the Order and provide the relevant delivery information. The placing of an Order shall constitute the conclusion of a distance selling contract between the Company and the Client.

The Company may grant the Client price reductions, discounts and rebates depending on the number of Products available on the Site ordered or the regularity of the Orders, according to the conditions set by the Company.

6. Products and prices

The Products covered by the T&Cs/GU are those which appear on the Site and which are sold and shipped directly by the Company.

The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale is subject to the Company's available stocks. The Company cannot be held responsible for stock shortages or the impossibility of selling a Product that is not in stock.

When a registered User wishes to purchase a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, including all taxes, excluding delivery costs and taking into account applicable discounts in force on the day of the Order. The price indicated does not include delivery costs, which will be detailed, where applicable, in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Client a detailed quotation setting out the price calculation formula.

Under no circumstances may a User demand the application of discounts that were no longer in force on the day of the Order.

7. Terms of payment

Unless otherwise agreed, all sales are paid for in cash at the time of placing the Order.

Depending on the nature or amount of the Order, the Company is free to require a deposit or payment of the full price when placing the Order or when receiving the invoice.

Payment can be made by :

• Credit card via a secure connection
• Paypal
• Telephone

In the event of non-payment of all or part of the Products on the date agreed on the invoice, the Professional Client shall pay the Company a late payment penalty equal to the rate applied by the European Central Bank for its refinancing operation plus 10 percentage points.
The financing operation selected is the most recent on the date of the Order for the services.

In addition to the late payment penalties, any sum, including the deposit, not paid on the due date by the Professional Client shall automatically give rise to the payment of a fixed penalty of 40 euros due by way of collection costs.

In the event of non-payment of the Products in full or in part by the date agreed on the invoice, the Consumer Client shall pay the Company a late payment penalty equal to the legal interest rate.

No compensation may be made by the Client between penalties for delay in the supply of Products ordered and sums owed by the Client to the Company for the purchase of Products offered on the Site.

The penalty due by the Client, whether Professional or Consumer, is calculated on the amount including tax of the remaining sum due, and runs from the due date of the price without the need for any prior formal notice.

8. Delivery

The Company undertakes to make every effort to deliver the Products as quickly as possible. These may vary according to the Client's geographical area, the delivery method chosen or the Product ordered.

If the 10-day delivery deadline is exceeded, except in cases of force majeure, the Client may request the cancellation of the contract by registered letter with acknowledgement of receipt, after having requested the Company, in the same manner, to make the delivery within a reasonable additional period, and if the Company has not complied.

In this case, the Customer will be refunded within 30 days if a payment has already been made.

In the event that delivery is impossible due to an error in the address indicated by the Client, the Company will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be charged to the Client.

In addition, the Company cannot be held liable for exceeding delivery times:

• in periods of high demand, such as the Christmas and New Year period,
• for delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
• for events attributable exclusively to the carrier responsible for the delivery.

Delivery area

The Products are delivered exclusively to the following geographical areas:

• Metropolitan France
• Europe

Delivery methods

Delivery is made, according to the Customer's choice and according to the prices indicated on the Site:

• to the address indicated by the Customer at the time of placing the Order by ordinary post.
• at one of the Mondial Relay points as indicated on the Site. At any time, the Consumer can track his/her package by entering the package number on the Mondial Relay website. For the collection of the Products, a valid identity document will be required. Otherwise, the Products ordered cannot be handed over to the Customer.
• by So Colissimo. Delivery is made by La Poste according to its current delivery times. The Customer may be delivered:
  • at home with hand delivery. In the event of absence, delivery to a letterbox or post office. If the Customer has not collected the parcel within 10 days, it will be returned to the sender.
  • at her home by appointment.
  • in one of the 35 Cityssimo parcel spaces, 24 hours a day, 7 days a week, within 10 days.
  • in the post office of your choice within 10 days.
  • at one of So Colissimo's partner retailers

Maximum package capacity

9. Claim

For all orders placed through this web site, the Client has the right to make a claim within 20 days of receiving the Products. It is the Client's responsibility to verify the apparent state of the Products upon receipt. If no reservations are expressly made at the time of delivery, the Products shall be deemed to conform to the Order.

To exercise this right of complaint, the Client must send the Company, at the address contact@moulinduvivier.com, a statement in which he expresses his reservations and complaints, together with the relevant supporting documents (receipt countersigned by the carrier, photographs, etc.)

A claim that does not comply with the conditions described above cannot be accepted.

The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the physical possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 14 days as from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code.

As a reminder, the following are not subject to the right of withdrawal (non-exhaustive list)

• fully performed services if the consumer has given his prior express consent to their performance and has acknowledged that he would lose his right of withdrawal after performance of the contract;
• goods specially manufactured or personalised at the consumer's request;
• goods that are rapidly perishable or may deteriorate rapidly (open drinks);
• sealed goods which cannot be returned for health or hygiene reasons and which have been unsealed by the consumer after delivery;
• Sealed audio or video recordings or software unsealed after delivery (e.g. CDs, DVDs, video games, computer software);
• digital content not provided on a tangible medium if performance has begun with the consumer's express prior consent;
• alcoholic beverages for which delivery is delayed beyond 30 days and for which the value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;
• and more generally goods which, after delivery and by their nature, are inseparably mixed with other articles.
• accommodation services (hotel, camping, etc.), transport of goods, car rental, catering or leisure activities provided on a specific date or at a specific time (show tickets, etc.). However, the sale of gift vouchers for wellness services with a validity period of 1 year does not fall under the exception to the right of withdrawal.

Thus, in accordance with Article L221-28 of the Consumer Code, the Consumer does not have a right of withdrawal for stays at the Maison du Meunier.

To exercise this right of withdrawal, the Consumer shall send a declaration to the address: contact@moulinduvivier.com.

The Products must be returned with the purchase invoice in their original packaging, complete (packaging, accessories, any instructions, etc.) and in perfect condition within 7 days of the Consumer notifying the Company of the withdrawal. Damaged, soiled or incomplete products are not accepted.

The direct costs of returning the goods shall be borne by the Consumer.

The Customer shall be reimbursed for all costs paid for the placing of the Order within 14 days of the Company becoming aware of the Customer's declaration of withdrawal.

The refund will be made by the same means of payment as the one used for the purchase.

For more information on the right of withdrawal, click here.

11. Transfer of risk and ownership

The Company retains a right of ownership over the Products sold until full payment of the price by the Client. It may therefore repossess the said Products in the event of non-payment. In this case, the advance payments made shall be retained by the Company as compensation.

For Professional Clients, the transfer of risks to the Client takes place as soon as the goods are handed over to the carrier by the Company. For Consumer Clients, the transfer of risks takes place upon delivery or when the goods are collected from the shop if the Client has chosen in-store delivery.

12. Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below:

Article L.217-4 of the Consumer Code:
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility. "

Article L.217-5 of the Consumer Code:
"The goods conform to the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :

• if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
• it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article 1641 of the Civil Code:
"The seller is bound by the guarantee for hidden defects of the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them."

Any Product resold that has been altered, modified or processed is not covered by the warranty.

This is limited to the replacement or reimbursement of Products that do not conform or are affected by a defect. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country to which it is delivered.

The Client shall inform the Company of the existence of the defects within two years. The Company shall rectify the Products found to be defective as far as possible. If the Company's liability is accepted, the guarantee is limited to the amount paid by the Consumer for the supply of the Products, exclusive of tax.

The replacement of the Products does not extend the warranty period.

13. Amendments

The Company reserves the right to modify the Site, the T&Cs/Guidelines and any delivery procedure or other component of the services provided by the Company through this Site.

When an Order is placed, the User is subject to the provisions set out in the GTC/GU in force at the time the Order is placed.

14. Processing of personal data

Registration on the Website entails the processing of the Customer's personal data. If the Customer refuses the processing of his/her data, he/she is requested to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016.

In addition, in accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to question, access, rectify, modify and object to all of his personal data at any time by writing to the following address, providing proof of his identity: contact@moulinduvivier.com.

This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.

15. Sharing of collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third party companies may have access to his/her data to enable the proper functioning of the Site.

These third-party companies only have access to the data collected in order to perform a specific task.

The Site remains responsible for the processing of this data.

In addition, Customer information may be passed on to third parties without the Customer's express prior consent for the following purposes:

• respect the law
• protect any person from serious injury or death
• to combat fraud or attacks on the Company or its users
• protect the Company's property rights.

For more information on the management of personal data on the Site, see the Company's Privacy Policy.

16. Data protection

The Company ensures an appropriate level of security commensurate with the risks involved and their likelihood, in accordance with the General Data Protection Regulation 2016/679 of 27 April 2016.

However, these measures do not constitute a guarantee and do not commit the Company to an obligation of result concerning data security.

17. Cookies

The Site uses "cookies" techniques. The Company has a page dedicated to the use of cookies, we invite you to consult it.

18. Liability

The Company cannot under any circumstances be held responsible for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service is always available, it may be interrupted at any time. In addition, the Company reserves the right, by voluntary action, to make the Website unavailable in order to carry out any updating, improvement or maintenance operation.

As previously stated herein, the Company shall not be liable for any delay in delivery for reasons beyond its control, which are unforeseeable and irresistible or for which it cannot be held responsible.

19. Intellectual Property

The brand, the logo and the graphic charter of this Site are registered trademarks with the INPI and are intellectual works protected under copyright law, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorisation of the Company will expose the offender to civil and criminal proceedings.

20. Jurisdiction clause

The law governing the GTC/GU is French law. Any dispute that may arise between the Company and a User during the performance of these terms and conditions shall be subject to an attempt at amicable resolution. Failing this, disputes will be referred to the competent courts under common law.

21. Acceptance of the GTC/GU

The Client or User expressly accepts the GTC/GU.
The Customer declares that he/she is aware of them and waives the right to invoke any other document, in particular his/her own general terms of purchase.

The Consumer acknowledges having been informed of the information and details provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular

• the essential characteristics of the Product;
• the price of the Products ;
• the date or time by which the Company undertakes to provide the Service;
• information relating to the identity of the Company (postal, telephone and electronic contact details);
• information on legal and contractual guarantees and how to apply them;
• the possibility of resorting to conventional mediation in the event of a dispute;
• information on the right of withdrawal (time limit, how to exercise it).

22. Contact details of the Ombudsman