Terms of sale

These General Terms and Conditions of Sale (hereinafter the " GTC ") apply, without restriction or reservation, to all sales concluded by the company Maison Louis Roque (hereinafter the " Company " or " we " or " Maison Louis Roque "), operating in particular under the brand La Vieille Prune de Souillac, with consumers or non-professional buyers (hereinafter the " Customer(s) "), wishing to acquire the products offered for sale on the website www.maisonlouisroque.com (hereinafter the " Site ").

Maison Louis Roque offers for sale eaux-de-vie (including La Vieille Prune de Souillac), liqueurs, wine-based aperitifs, all alcoholic or non-alcoholic beverages, grocery items and advertising or derivative items (hereinafter the " Products ").

All orders placed on the Site are subject to these Terms and Conditions.

1. Acceptance of the General Terms and Conditions

This contract remains subject to acceptance by the company Maison Louis Roque which, in the event of refusal, will notify the Client of its decision within five (5) working days, without however being required to give reasons for it.

The Client agrees to carefully read these Terms and Conditions before using the Site.

Any order submission or signed quote implies the Client's unreserved acceptance of these Terms and Conditions, which they acknowledge having read.

None of the clauses appearing on purchase orders, quotes, or correspondence received from our Clients, or commitments made by our representatives, may, therefore, deviate from these terms , unless expressly and specifically stipulated otherwise in the text of our offers or acceptances. Consequently, verbal and written advice given to the Client regarding the use of the Products shall in no case give rise to any liability on the part of our Company. These General Terms and Conditions apply to the exclusion of all other conditions, including those applicable to other distribution and marketing channels.

It is the Client's responsibility to verify that the Products conform to their intended use and the terms and conditions agreed upon.

All prior contracts or agreements between the parties relating to the same subject matter are hereby cancelled and replaced, in all their provisions, by the General Terms and Conditions.

The provisions below are intended to specify the general terms and conditions under which sales will be carried out.

2. Product

In accordance with Articles L. 111-1 et seq. of the

Regarding consumer information, the essential characteristics and prices of Products sold electronically are available on the Site. The Parties agree that the photos of Products for sale on the Site have no contractual value.

The photographs, graphics, and descriptions displayed on the Site are for illustrative purposes only and are not contractually binding. Maison Louis Roque makes every effort to ensure that the Products online are accurately represented. However, Maison Louis Roque cannot be held liable for any non-material errors or inaccuracies.

The choice and purchase of a Product is the sole responsibility of the Customer.

Offers of items are subject to availability, as specified when placing the order.

3. Price

The prices of the Products offered for sale on the Site are indicated in euros and do not include delivery charges. The amount of these charges will be specified in the shopping cart before order confirmation. The price displayed on the Site on the day the order is placed is the only price applicable to the Customer.

When VAT is applicable, the price includes this tax. Its amount may vary depending on the country of destination of the order.

Unless otherwise agreed in writing, all orders are accepted subject to the prices and discounts in effect on the date of the order.

The prices displayed on the Site do not include delivery charges, including customs duties and any other additional costs related to the delivery of the Product. These charges are added to the price of the Product and may vary depending on the delivery address provided during the ordering process (and the country of delivery).

4. Complaints

The Products are transported at the Customer's own risk.

Products received will not be returned or refunded, except in the event of damage noted by the Customer at the time of delivery.

For all disputes, in the event of damage, loss, or theft occurring during transport, or in the event of a delivery delay, it is the Client's responsibility to pursue all claims against the carriers. In any case, failing to note any reservations upon delivery, the Client may not subsequently claim non-conformity to avoid payment, unless they send us their complaint by registered mail with return receipt requested within five (5) days of receiving the Product.

If the Customer fails to take delivery of the Product, it remains fully due without any formal notice being given to him to collect it, without prejudice to any damages and interest.

The Company also intends to secure proof of delivery of the Products by the signature of the delivery note, as current practices very often do not allow for affixing it at the place of delivery.

5. Customer account

To place an order on our Site, you can create a customer account via the " Create an account " section or place an order without creating a customer account, as a guest.

Creating your account allows you to:

- to provide your personal information to facilitate your future purchases;

- to view, modify and update your personal information;

- to identify yourself before placing an order;

- to track your current orders, to view invoices for your past orders.

By creating an account, the Customer agrees to:

- to provide truthful, accurate, current and complete personal information;

- to the extent possible, to maintain and update this information promptly.

By ordering from our Site, you confirm that you are a private individual and are purchasing our Products for personal use in quantities corresponding to the usual needs of a consumer household. Under no circumstances may our Site be used by professional resellers. We reserve the right to refuse any order that is clearly placed by a professional client.

You are responsible for maintaining the confidentiality of your customer account and password, as well as for restricting access to your computer or other equipment. As such, you acknowledge that you are responsible for all activities originating from your customer account. If you suspect that your customer account is being used by a third party, we recommend that you change your password and contact us to close the compromised account, if necessary. To this end, you are advised to follow the recommendations of the French Data Protection Authority (CNIL) for creating your password ( available here ).

6. Order

To place an order, the Customer must register or log in to their customer account and follow the online purchasing process by adding products to their shopping cart. On their shopping cart page, the Customer can view the different delivery methods and their costs, as well as the countries to which the order is delivered.

Once he clicked on " Pay for my order ", he is presumed to have accepted the Terms and Conditions, the price of the Products, the contents of his order and his delivery address.

After payment, the Customer will receive an order confirmation email. This email does not constitute acceptance of the order by Maison Louis Roque, which reserves the right to refuse an order, particularly in the event of exceeding the limit related to the prohibition of purchase for resale, the abnormal nature of the order, abnormal or abusive claims or returns, an existing dispute with the Customer, or non-payment of a previous order.

Maison Louis Roque cannot be held responsible for an input error on the part of the Customer which would prevent the receipt of the confirmation email and/or the delivery of the order.

7. Payment

For payments by credit card, the charge is processed when the order is shipped, after confirmation from the card issuer. If the bank declines the transaction, the order will be automatically cancelled.

The sale is considered final once Maison Louis Roque confirms acceptance of the order by email and after they have received full payment. If the customer's bank refuses payment, the order cannot be finalized and the sale cannot be completed.

Late payment penalties are due the day after the payment date shown on the invoice, which is in principle, unless otherwise agreed between the parties, the date of receipt of the Products or of performance of the service requested.

In all cases, the provisions contained in the so-called Law on the Modernization of the Economy of August 4, 2008, cannot be waived. Therefore, if the sums due are paid after the date shown on the invoice, this delay will automatically result in the payment of late payment interest set at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, in addition to a fixed compensation of €40 per invoice for recovery costs, which may be increased by additional costs claimed upon justification (Articles L.441-3 and L.441-6 of the Commercial Code).

Their enforceability is not subject to the prior sending of a formal notice (Article L.441-6 of the Commercial Code)

In addition, any delays in payments accepted by our Company also automatically entail compensation fixed at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points (default interest).

8. Delivery

Orders are processed within eight (8) days, excluding Saturdays, Sundays and public holidays, subject to the seller's supply and transport capabilities and excluding personalized products.

Delivery time will vary depending on the delivery method chosen by the Customer and the delivery location, and an estimated delivery time will be provided. This timeframe will include order processing time as well as shipping time to the address provided by the Customer when placing their order on the Website.

However, our delivery times and dates are provided for informational purposes only. They do not constitute a formal commitment on our part. Any delivery delay will not be grounds for cancellation of the order and will not entitle the Customer to any compensation.

In any event, if penalties were explicitly provided for between the parties, these penalties could not be due in the event of force majeure, strike, lockout, disaster, delay or interruption of transport, failure of our Company's suppliers or for any other event independent of our will, even if not constituting force majeure within the meaning of French positive law.

The Customer is responsible for checking the condition of the delivered items. If an item is defective or does not conform to the order, the Customer must follow the procedure to return these items to Maison Louis Roque within fourteen (14) days of delivery and then obtain a refund for the items and delivery charges.

9. Legal Guarantees

All Products benefit from the legal guarantee of conformity provided for in the Consumer Code, as well as the guarantee against hidden defects in the Civil Code, provided that the use has been normal and that the maintenance instructions have been followed:

(1) Articles L.217-3 to L.217-7 of the Consumer Code:

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter was his responsibility under the contract or was carried out under his supervision.

To comply with the contract, the property must meet the following criteria:

1° It corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special purpose sought by the consumer, which is brought to the seller's attention no later than the time of conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, which must be provided in accordance with the contract;

4° It is updated in accordance with the contract.

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

(2) Article 1641 of the Civil Code:

The seller is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them.

Article 1648, paragraph 1 of the Civil Code:

The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.

After this period and if these formalities have not been respected, the items will be deemed compliant and free from any apparent defects and no claim will be validly accepted by Maison Louis Roque, subject to the provisions of article 9 of these General Terms and Conditions.

Maison Louis Roque will reimburse or replace, as soon as possible and at its own expense, the delivered Products whose non-conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in the Consumer Code and those provided for in these General Terms and Conditions.

10. Right of withdrawal

10.1 Exercising the right of withdrawal

In accordance with the provisions of Article L.221-18 of the Consumer Code and European Directive No. 2011/83/EU of 25 October 2011 on consumer rights, you have a period of fourteen (14) days, from the receipt of your Products ordered on the Site, to notify us of your intention to exercise your right of withdrawal.

The Products you wish to return to us must be new, bottle unopened, packaging undamaged and in new condition.

If our warehouse finds a non-compliant return, our Customer Service will contact you to inform you that your Product has been reshipped to you.

10.2 Return Procedures

To exercise your right of withdrawal, you must inform us of your decision to withdraw within fourteen (14) days of receiving your order by printing your prepaid return label.

If you have a customer account, go to your " My Account " area, in the " My Orders " section. Select the relevant order and click on the " Return Label " button.

Generating your return label constitutes notification of your cancellation. Please note that we only provide one prepaid label.  If you wish to make a second return, the return shipping costs will then be your responsibility.

You also have the option to notify us of the exercise of your right of withdrawal within fourteen (14) days from the receipt of your order by using the withdrawal form.

From the date you notify us of your right of withdrawal, you have an additional fourteen (14) days to return the Product(s) to us. To do so:

• Check the box on the delivery note, included in your package, for the product(s) you wish to return;
• Place this delivery note in your package, along with the product(s) to be returned;
• Affix the prepaid return label to your package (return by post is completely free – if you pay return fees to the Post Office, these will remain your responsibility);
• Drop off your parcel at a post office.

10.3 Reimbursement

In the event of a return, the Customer will be refunded the full amount of their order. Return shipping is free for the Customer only if they use the free return label provided by Maison Louis Roque. The refund will be processed within fourteen (14) business days of receipt of the return by our logistics department, or, failing that, from the date of receipt of proof of shipment of the returned Products. During promotional periods, processing times may be extended by a few days.

The refund will be made via the same payment method used by the Customer for the initial transaction, unless the Customer and Maison Louis Roque expressly agree to a different method.

This refund will not incur any costs for the Customer. However, in accordance with Article L221-24 of the French Consumer Code, any additional costs incurred by the Customer due to choosing a more expensive delivery method than that offered by Maison Louis Roque will remain their responsibility and will not be reimbursed.

The refund is conditional upon receipt of the returned product(s).

11. Intellectual Property

All intellectual property rights to the Site and its content belong exclusively to Maison Louis Roque. Any reproduction, use, or modification, in whole or in part, of any element of the Site, in any form whatsoever, is prohibited without the express authorization of Maison Louis Roque, which reserves the right to take legal action under intellectual property law.

Maison Louis Roque grants you a limited license, including the right to view and use the Site for personal purposes only, but excluding the right to download or modify it, in whole or in part, without the express written consent of Maison Louis Roque. This license excludes any use of the Site for commercial or resale purposes, any retrieval and use of product listings, descriptions, or prices, any derivative use of the Site or its content, or any use of data mining tools, web crawlers, or data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit all or any part of the Site for commercial purposes without our express written permission. You may not use framing or any framing techniques to incorporate any trademarks, logos, or proprietary information (including images, text, page layouts, or forms) belonging to Maison Louis Roque or its affiliates without the express written permission of Maison Louis Roque. It is prohibited to use meta tags or any other "hidden text" using our name, trademarks or service marks without the express written permission of Maison Louis Roque.

12. Site availability

Maison Louis Roque reserves the right to modify, update, suspend, or delete all or part of the Site at its sole discretion, without prior notice or liability. The Site may be unavailable at certain times, particularly in the event of scheduled or unscheduled maintenance, technical failure, upgrades, or force majeure events. Maison Louis Roque may also restrict, suspend, or temporarily or permanently discontinue access to the Site, with immediate effect, without incurring any liability for any resulting loss or damage.

The Client agrees not to:

- Accessing non-public areas of the Site, the Company's or its service providers' computer systems;

- To probe, test or circumvent the security or authentication measures of the Site or any network linked to it;

- Accessing or attempting to access the Site by means other than the official interfaces provided by the Company, unless prior contractual authorization has been obtained;

- Disrupt or interfere with the operation of the Site (sending viruses, overloading, spamming, attacks, etc.);

- Use any software or automated process to explore or extract data from the Site;

- Creating or maintaining links to the Site without prior authorization from the Company, or integrating its content into another site or application;

- Impersonating a third party, providing false information, or fraudulently creating multiple accounts.

13. Miscellaneous provisions

13.1 Update of the General Terms and Conditions

We reserve the right to modify these Terms and Conditions by posting a notice on the dedicated page. The " last updated " date at the bottom of these Terms and Conditions indicates when the latest changes were made. By continuing to access and use the Site, you agree to these modifications. It is the Client's responsibility to regularly review these Terms and Conditions to be aware of any changes. In addition to these Terms and Conditions, certain Site features or services offered may be governed by specific policies, including the Privacy Policy, which forms an integral part of these Terms and Conditions.

13.2 Force majeure

We are committed to describing the products we sell on the Site as accurately as possible and to ensuring that the information published on it is kept up to date in the best possible conditions.

We cannot be held liable for any failure to perform any of our contractual obligations resulting from a force majeure event as defined by law. In particular, we will not be held responsible for any non-performance or delay in the performance of your orders caused by events beyond our control, such as:

• Strikes, closures or other industrial actions;
• Civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war;
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic and pandemic or other natural disasters;
• Inability to use transport by rail, boat, plane, road or other means of private or public transport;
• Inability to use public and private telecommunications networks;
• Acts, decrees, legislation, regulations or restrictions of all governments (e.g. administrative closure of stores);
• Failure or accidents in maritime, postal or other transport.

The execution of these Terms and Conditions will be suspended for the duration of the force majeure event, and the execution and delivery deadlines will be extended accordingly. Please be assured, however, that we will do our utmost to resolve the force majeure event or find a solution that allows us to fulfill our contractual obligations despite it.

13.3 Age

The Maison Louis Roque website is intended for individuals of the legal drinking age in their country, which in France is at least eighteen (18) years old. Use of the website by anyone under this age constitutes a violation of these Terms and Conditions.

13.4. Personal Data

We treat your personal data with the utmost care and confidentiality.

For more information on how we manage your personal data, you can consult our Privacy Policy and our Cookie Policy.

14. Applicable Law and Dispute Resolution

Applicable law

The Contract and the General Terms and Conditions are subject to French law.

14.2 Claims and amicable settlement of disputes

Under Article L612-1 of the Consumer Code, " Every consumer has the right to use a consumer mediator free of charge with a view to the amicable termination of the dispute between him and a professional ."

In addition, the European Commission has established a dispute resolution platform to collect any consumer complaints following an online purchase and then forward them to the relevant national mediators. This platform can be accessed by clicking on the following link: http://ec.europa.eu/consumers/odr/ .

14.3 In the absence of an amicable solution after a period of thirty (30) days from the date of notification of the other Party by the most diligent co-contractor, any dispute relating to the Contract shall be subject to the exclusive jurisdiction of the courts of the registered office of the company Maison Louis Roque, including in summary proceedings, notwithstanding multiple defendants or third-party claims.