GENERAL TERMS AND CONDITIONS OF SALE
The present terms and conditions of sale apply without restriction or qualification to all sales made by SCEA LA MIELLERIE PROVENCALE to professional buyers and individuals (the CUSTOMERS) who wish to acquire the products offered for sale. These general terms and conditions of sale are addressed and delivered to each buyer upon simple request prior to each order.
A customer’s acceptance of the goods upon delivery is tantamount to full acceptance of these general terms and conditions of sale in their entirety. Any derogation from this principle must be made formally and explicitly.
In the absence of proof to the contrary, the data recorded by SCEA LA MIELLERIE PROVENCALE constitutes proof of all of the transactions made.
- Placing an order
Orders may be made by telephone, email, on the website or directly with the commercial director.
The customer is considered to have placed an order and accepted these general terms and conditions of sale on the miellerieprovencale.fr or mielmartine.fr website once they have clicked on the button “confirm the order”. This step represents irrevocable acceptance which can only be contested within the limits provided for in these general terms and conditions of sale. This acceptance associated with the processes of authentication, non-repudiation and message integrity protection constitutes an electronic signature. This electronic signature has the same value for the parties as a handwritten signature.
Once the order has been placed, it is processed individually within two business days, excluding holidays, following receipt of the order.
Our product offerings are valid as long as stocks are available.
- Transport and delivery
The shipping fees include a contribution to shipping and handling expenses. These fees are included in the sales price for all orders over €300 (€15 for all orders under €300). For online orders, shipping is free for all orders over €40 (€5.90 for all orders under €40).
The shipments are entrusted to our carrier which has been chosen for its professionalism and reliability. This carrier is responsible for delivering orders to the address you have provided. The delivery time may vary from 1 to 4 days depending on the distance.
A delay, even if it is significant, cannot be considered as acceptable grounds for refusing delivery, nor can it justify any form of action for damages and interest.
The shipment of queen bees and bee packages involves factors that are beyond our control. In the event of a problem, especially owing to weather conditions, the delivery may be postponed by a few days.
The beekeeping products are the seller’s property until the invoice has been paid. However, these products travel at the purchaser’s risk.
Depending on availability, an order may be sent to the customer in several shipments without any additional shipping fees.
Upon receipt, the buyer must check the delivered goods in the presence of the delivery person. In the event that any packages are missing or damaged, reservations must be written on the carrier’s delivery receipt and confirmed by letter sent via registered mail to the carrier and sender within 3 business days.
It is the buyer’s responsibility to provide proof of the reported defects or anomalies and to give the seller every opportunity to verify the defects.
No claims will be admissible if any goods are reported to be damaged or missing after the carrier has left.
Our guarantee is strictly limited to a refund or, at our discretion, replacing items that have been recognized as defective or non-compliant in a timely manner after we have examined the issue. Only the value of the items recognized as defective or non-compliant may be taken into account.
The return of any beekeeping products must be the subject of an agreement between the seller and the buyer. Any product returned without said agreement will be held for the purchaser and will not result in a refund.
- Force majeure
The parties are required to perform all of the obligations listed in this document, except in case of force majeure designated as such by case law.
- Sale price
Sales prices are expressed in Euros excluding taxes and including transport fees. SCEA LA MIELLERIE PROVENCALE reserves the right to modify its prices without prior notice.
Prices are invoiced based on the applicable rate on the day the order is placed.
Any taxes, duties, fees or other costs to be paid pursuant to French regulations or those of an importer country or transit country are payable by the buyer.
- Reservation of ownership
By express agreement, we reserve the ownership of the goods supplied until the invoice has been paid in full. However, the customer will be responsible for looking after the products listed on the invoice as soon as they are made available to him or her. The transfer of liability from the seller to the buyer occurs at the time the product leaves the honey house. In case of a dispute, the commercial court will have sole jurisdiction.
- Payment methods and penalties for late payment
The available payment methods are credit card, cheque or bank transfer.
No discount will be granted for early payment.
An order will be considered complete once all of the products have been shipped and the buyer has for the products and the applicable shipping fees in full.
If the buyer has failed to meet any of these obligations for a previous order, this may result in a refusal to sell, unless the buyer supplies provides financial guarantees or a cash payment.
Unless deferment of settlement is requested and agreed to in a timely manner, in accordance with Article L441-6 of the French Commercial Code, late penalties will be due the day following the payment date indicated on the invoice. The interest rate is 3 times the legal rate with a minimum amount of 100 Euros as a penalty clause.
If no payment has been received 48 hours after a failure to respond to formal notice, the sale will be rightfully cancelled by the seller, who may, by means of an interim injunction, request that the beekeeping products be returned without prejudice to any damages. The cancellation will not only apply to the order in question, but also to any other prior unpaid orders, regardless of whether they have been delivered or are being delivered and regardless of whether their payment is due. In the case of payment by means of commercial paper, a failure to return the accepted commercial paper will be considered a non-payment.
If the payment is staggered, the non-payment of a single instalment shall cause the entire debt to become immediately payable, without delivery of formal notice.
The purchaser will be liable for all costs incurred by the enforced recovery of the amounts due.
The buyer is authorized, as part of its normal company operations, to resell the beekeeping products sold subject to retention-of-title. However, in the event of resale, the buyer will be obliged to immediately pay the remaining balance due to the owner or to inform the sub-purchasers that the goods in question are subject to a retention-of-title and inform the seller of this sale to allow the seller to safeguard its rights and, where appropriate, make a claim regarding the price offered to the sub-purchaser.
- Personal data
The information provided to our staff is only shared for the purpose of processing the orders. You have the right to access, correct or delete personal data that relates to you.
The beekeeping products sold are guaranteed to be of fair marketable quality under the conditions set forth below.
Any liability regarding the seller ends if the beekeeping products become unfit for consumption under the following conditions:
- The buyer has not respected the practices adopted by professional beekeepers.
- The buyer has been negligent or committed an error in the conservation of the beekeeping products after delivery, since the seller has provided information on product conservation.
- The defect is caused by an illness that was unknown at the time of delivery.
- The reported problem is the result of a case of force majeure.
In any case, the fact that the mated bees and bee packages are living products will be taken into account and the seller will not be held responsible by the beekeeping buyer for the bees’ behaviour.
- Intellectual Property
Any reproduction and use of this documentation is strictly prohibited unless written agreement has been received from our services or from the rights holder. All text, images, logos, cryptograms and photographs are subject to intellectual property law. Any partial or full reproduction of any component of this website by any means made without prior consent is unlawful (Article L 122.4 of the French Intellectual Property Code). This copyright infringement would constitute a counterfeiting offense sanctioned by Articles L 335.2 and following of the French Intellectual Property Code.
In the event of any litigation dispute regarding a sale, the commercial court of Draguignan will have sole jurisdiction.
The customer acknowledges to have read and understood these general terms and conditions of sale and accepts them in their entirety.