General Terms of Sale
Seller Identification :
SASU Bière Appro, Registered Office: France, Warehouse and Office: 124 route des grands champs sud, 74580 Viry, Registered with the Trade and Companies Register (RCS) of Bourg-en-Bresse –
SIRET No. 87972746900030 – APE Code 4639B – EU VAT No.: FR17879727469
Phone: 04 58 57 02 10 – Email: contact@biere-appro.com
Customer Service / Telephone Assistance and Advice: For any information or inquiry, our customer service is at your disposal. To place an order, track an order, or submit a claim, contact 04 58 57 02 10 or write to: contact@biere-appro.com
Article 1 – Application of the General Terms and Conditions of Sale – Binding Effect
Any order of Products placed by a professional buyer within the meaning of the Consumer Code (the “Customer”) implies full and unconditional acceptance of these General Terms and Conditions of Sale (GTCS), which are provided prior to the first order or can be consulted on the website www.biere-appro.com.
For online orders, the GTCS must be accepted by the Customer, who must tick the designated box before validating each order, after having read the GTCS.
The GTCS are written in French and published on the Website. They may be modified at any time; the version applicable is the one published on the Website on the date the order is placed.
If there are specific terms agreed between the Seller and the Customer, in any form, particularly in the case of a supply contract, the differing provisions of such specific terms shall prevail over the GTCS. In the absence of specific provisions, the GTCS shall apply.
The fact that the Seller does not invoke any provision of the GTCS at a given time shall not be interpreted as a waiver to invoke it later.
Article 2 – Products
The GTCS apply to the sale of products offered by the Seller (the “Products”) as presented on the Website. The main characteristics of the Products are listed on their presentation page. The Customer is required to review them before placing an order. The selection and purchase of a Product are the Customer’s sole responsibility.
Photographs displayed on the Website are for guidance only. The Customer must refer to the description or technical data sheets available for download on the Website to know the properties, essential characteristics, and delivery times of the Products.
Products are offered subject to availability of stock. In case of unavailability after placing an order, the Customer will be informed by email or phone as soon as possible.
Some products are subject to strict storage conditions (e.g., hops and yeast that must be kept in cold storage at +5 °C), except during transport.
Article 3 – Customer Account Creation
Before placing any order, each Customer must create an account by completing the form provided on the Website and providing:
If a legal entity: Corporate name, registered office, VAT number, phone number, and contact email.
If an individual: First and last name, postal address, date of birth, email, and phone number. The Customer declares to be over 18 years old. The Seller may request a copy of an identity document to verify age.
Personal data is collected when creating the account in accordance with the Website’s privacy policy.
The login identifier will be the Customer’s email address, and the Customer must choose a personal and confidential password. The Customer undertakes not to disclose it and to inform the Seller of any fraudulent use of their account as soon as they become aware of it.
Upon account creation, a confirmation email will be sent to the Customer.
The Customer undertakes to provide accurate, up-to-date, and complete information and to keep it current. Creating accounts under false identities is prohibited.
Article 4 – Orders
Orders can be placed by any means: via the Website, by email (contact@biere-appro.com), by phone, or by accepting a quote issued by the Seller.
To be valid, an order must include all necessary information for its execution, in particular the type of product, brand, references, and quantity.
Each order will only be final after the Seller’s express written acceptance, who will verify, among other things, the availability of the Products. Shipment of the Products will also constitute acceptance of the order.
For orders based on a prior quote, the quote is valid for thirty (30) days from its issuance date. Unless otherwise indicated, the order is considered accepted by the Customer only after full payment of the quoted amount.
Any modification or cancellation requested by the Customer will only be considered if communicated in writing before shipment and, at the latest, within two (2) days of the order date. The Seller is free to decide whether to accept or reject such request. If rejected, any amounts already paid may be refunded or credited toward a future order, at the Seller’s discretion.
Data recorded in the Seller’s IT system constitutes proof of all transactions with the Customer.
Article 5 – Price
Products are sold at the price in effect on the Website on the day the Seller records the order. As a wholesaler within the meaning of Article L. 441-1-2 of the French Commercial Code, the Seller is not subject to the obligation of transparency regarding the price of agricultural raw materials under Article L. 441-1-1.
Prices are expressed in euros, excluding taxes (H.T.) and including all taxes (TTC). Any change in VAT rates may be passed on to the Product price.
Unless otherwise agreed, prices do not include handling, shipping, transport, or delivery costs, which will be invoiced separately and calculated prior to the order. If the Customer requests a faster or more expensive shipping method than the standard, additional costs will be borne entirely by the Customer.
Article 6 – Payment
Payment terms: The price of Products must be paid in full on the day the order is placed. As an exception, for orders based on a quote, the payment term will be that indicated in the quote and reproduced on the invoice, not exceeding thirty (30) days from the invoice date. No discount will be granted for early payment.
Payment methods: Payment can be made by bank check, credit card (CB, Visa, Mastercard, American Express…), bank transfer, or direct debit. Payments are only considered final after the Seller has received the funds.
For bank checks, the issuing bank must be located in mainland France. Checks are cashed upon receipt. To allow proper order processing, the check must be sent to Bière Appro within two business days following order confirmation, at the address:
124 route des grands champs sud, 74580 Viry – France,
indicating the order number on the back and addressed to “Bière Appro.”
Credit card payments are authenticated and secured by the 3D Secure system and the payment service provider. After entering bank details (card number, expiration date, and CVV), the Customer must provide any additional information requested by their bank. Once the 3D Secure code is entered and validated, the order is finalized.
The Seller does not have access to the Customer’s banking data, and payment is processed directly by the bank. Orders will only be shipped after payment verification and debit authorization.
The Customer’s account will be charged at the time of order confirmation. Credit card payments are irrevocable except in case of fraud; in such case, the Customer may request cancellation and refund.
Late payment: Any unpaid amount after the invoice due date will automatically incur penalties equal to three times the legal interest rate, without prior notice, from the day following the due date. A fixed recovery fee of €40 is also payable. If the Seller’s actual recovery costs exceed this, additional compensation may be claimed upon presentation of evidence.
Interest and late penalties cannot be offset against amounts owed by the Seller, except with prior written agreement and provided the Customer’s claims are certain, liquid, and enforceable.
In case of non-payment, forty-eight (48) hours after an unsuccessful payment request, the sale may be automatically resolved at the Seller’s discretion, who may seek summary restitution of the Products, without prejudice to other claims.
The Seller may refuse new orders and/or resolve unpaid previous orders, delivered or not, due or not. All amounts due for other deliveries become immediately payable. Payments will be applied first to the oldest debts. The Seller may also modify payment terms and require upfront payment if the Customer has had late payments in the past twenty-four (24) months.
Article 7 – Delivery / Shipping
Methods: Delivery may be direct to the Customer, via notice of availability, or via carrier. Deliveries are made by an independent carrier to the address or delivery point provided by the Customer and easily accessible.
The Seller also offers free pickup at its Viry warehouse.
Deliveries are made in mainland France and, upon request, within the European Union, subject to shipping costs.
The Seller reserves the right to make partial deliveries, especially due to stock availability or carrier limitations.
Orders are shipped according to the method selected on the Website, allowing the Customer to track the package. If absent, the carrier may leave a notice or deposit the package in the mailbox. If not collected within the indicated time, reshipment costs will be charged, and the amount for undelivered products refunded via bank transfer or check.
Delivery times: Unless otherwise agreed, delivery begins upon receipt of full payment. Times indicated are approximate and do not justify order cancellation or compensation. Indicatively, delivery is ten (10) days from receipt of payment, with an average of 4–5 days. For check payments, shipment occurs only after receipt. If delivery is delayed by more than thirty (30) days, the Customer may cancel the order.
Shipping costs: Calculated based on weight and chosen carrier (DPD, Colissimo, XPO, Kuehne & Nagel, DHL, Chronopost). Amounts are communicated before order validation. For special destinations or large orders, contact Bière Appro directly.
Refusal to take possession of Products automatically incurs storage fees at current rates.
Transfer of risk: Products travel at the Customer’s risk.
Article 8 – Receipt and Return of Products
Claims upon receipt: Upon delivery, the Customer must check the nature, condition, and quantity of Products, opening any suspicious packages. In case of damage or missing items:
Make clear, precise, and complete reservations on the delivery note, dated and signed, in the presence of the carrier.
Confirm to the carrier within two (2) days (excluding holidays) via registered letter with acknowledgment of receipt, in accordance with Article L.133-3 of the Commercial Code.
Send a copy to the Seller within the same period by email: contact@biere-appro.com.
For any other anomaly or non-compliance (e.g., wrong reference), the claim must be sent by email within three (3) days of delivery, with supporting evidence (photos…). The Customer must indicate order number, delivery note number, delivery date, and precise description of the issue. The Customer must allow the Seller to verify anomalies and shall not intervene or involve third parties. The Seller is not liable for unreported defects.
Returns: Any return must have prior written consent and be accompanied by a return slip. The Seller may inspect the Products at the Customer’s premises. In case of proven defect, the Customer may receive, at the Seller’s discretion, either replacement within thirty (30) days or a credit for the invoiced amount applicable to a future order. Unless otherwise agreed, returns travel at the Customer’s risk, and costs are borne by the Customer.
Exclusions of liability: The Seller is not liable for defects resulting from improper storage, mishandling, abnormal use, or exceeding the product’s shelf life from delivery.
Crisis management – recalls and alerts: In case of risk to health or safety, the Seller must participate in any recall or alert procedure before implementation, except under the precautionary principle in emergencies. If liability is solely and provenly that of the supplier or Seller, the parties shall agree on cost allocation, proportional to the value of the affected Products.
Unsold products: Stock management and rotation are the Customer’s responsibility from delivery. The Seller does not accept returns of unsold Products.
Limitation of liability: If the Seller is liable, total damages payable to the Customer are limited annually to the total invoiced amount (excluding VAT) paid by the Customer that year, not exceeding €5,000. The Seller is never liable for indirect damages, such as loss of business.
Article 9 – Retention of title
Ownership of the Products transfers to the Customer only after full payment, regardless of delivery date. Products in stock are irrevocably considered unpaid.
The Customer may resell or transform the Products within normal business activity.
In case of transformation, the Seller becomes co-owner of the resulting product proportionally to the value of unpaid Products.
In case of resale, the Customer assigns to the Seller all receivables from the resale to third-party buyers.
Article 10 – Force majeure
The Seller shall not be liable for non-performance or delays due to force majeure under Article 1218 of the Civil Code and French case law.
Force majeure expressly includes strikes, lockouts, fires, floods, severe weather, equipment failures, riots, wars, explosions, epidemics, telecommunications interruptions, raw material shortages, health crises, exceptional climatic events, warehouse or transport blockages, production halts, significant political changes in the Customer’s country, and any governmental measures or circumstances beyond the Seller’s control causing partial or total work stoppages at the Seller’s or suppliers’, carriers’, or partners’ facilities.
Article 11 – Applicable law – Disputes
This contract is governed by French law. The language of this contract is French. In case of disagreement regarding interpretation or performance, the parties will seek an amicable solution and exchange all necessary information before any legal action.
Failing amicable resolution within two (2) months, only the courts of Thonon-les-Bains shall have jurisdiction over any dispute or controversy regarding the formation or execution of the order. This clause applies even in case of emergency proceedings, incidental claims, multiple defendants, or third-party claims, and regardless of the method and terms of payment.
Last updated: May 20, 2024