Terms and Conditions of Sale
Updated 27 October 2026
English translation for information only; the French version prevails. Read the French version
Version in force since 27 October 2026.
These Terms and Conditions of Sale (the “Terms”) apply to sales concluded on brewstock.fr. They are divided into three parts:
- Part 1 – Common provisions: these apply to all customers.
- Part 2 – Clauses for consumers only: these apply only to customers buying in a private capacity (individuals, amateur brewers).
- Part 3 – Clauses for business customers only: these apply only to customers buying for their business activity (breweries in particular).
Part 1 – Common provisions
Article 1 – The seller
The products offered on brewstock.fr are sold by:
HOPSTOCK, a simplified joint-stock company with a sole shareholder (SASU) with share capital of €1,000
Registered office: 2131 route de Merville, 59190 Hazebrouck, France
Registered with the Dunkerque Trade and Companies Register (RCS) under number 838 136 794
Intra-Community VAT number: FR62838136794
Telephone: 07 56 82 22 32 – Email: contact@brewstock.fr
In these Terms, HOPSTOCK is referred to as “HOPSTOCK” or “we”, and the buyer as “the customer” or “you”.
Article 2 – Who sells, who grows, who ships
- HOPSTOCK is your seller. It sells, in its own name, hops from partner farms (the “growers”), on behalf of those growers. It thus acts as a commission agent for sale (commissionnaire à la vente) within the meaning of Article L132-1 of the French Commercial Code (Code de commerce).
- The grower is named on each product page. This statement indicates the origin of the hops. It does not make the grower your seller.
- Your contract is concluded with HOPSTOCK alone. HOPSTOCK collects the price, issues the invoice and is answerable to you for the proper performance of the sale, including the legal guarantees (Article 10).
- Products are shipped by the grower or by HOPSTOCK, depending on the products; an order may therefore be shipped in several parcels (Article 8).
Article 3 – Scope and acceptance
- The Terms apply to every order placed on brewstock.fr. They prevail over any other document issued by the customer, unless HOPSTOCK agrees otherwise in writing.
- You accept them by ticking the box provided for that purpose before placing your order. The applicable version is the one online on the date of the order; it is sent to you with the confirmation email.
- Consumer or business customer? A consumer is any natural person who buys for purposes that fall outside the scope of the commercial, industrial, craft, professional or agricultural activity that they carry on (preliminary article of the French Consumer Code (Code de la consommation)). A customer who buys for the needs of their business declares this when registering or ordering, by providing the business’s SIRET number or, for a business established outside France, its EU VAT number (European Union) or its UID number (Switzerland); the clauses of Part 3 then apply to their orders, and those of Part 2 do not.
Article 4 – The products
- Characteristics. Each product page states the variety, the form (cones, pellets or fresh hops), the harvest year, the pack size, the net weight, the grower and the price. The alpha and beta acid levels are typical values stated by the grower; they are not a substitute for the analysis of the batch. Photographs illustrate the products as accurately as possible.
- Certification. Dried hops (cones and pellets) sold on brewstock.fr are certified in accordance with the European rules on the marketing of hops (Regulation (EU) No 1308/2013 and Delegated Regulation (EU) 2024/602, which replaced Regulation (EC) No 1850/2006). The certificate number appears on the packaging label.
- Organic farming. Only products whose product page bears the statement “from organic farming” are sold as organic. For these products, the product page states the grower and the body that inspects that grower. HOPSTOCK checks each grower’s certificate; HOPSTOCK is itself inspected by Ecocert France SAS (FR-BIO-01).
- Pellets from the current year’s harvest. They are available from 30 October of the harvest year.
- Fresh hops. This is a seasonal product: it is offered only during its harvest season. It deteriorates within a few days. It is shipped only by Chronopost Chrono 10, and you are asked for your planned brewing date when ordering so that the grower can organise the harvesting and shipping. It is delivered within metropolitan France only.
- Availability. Products are offered subject to the growers’ available stock. If an ordered product turns out to be unavailable, HOPSTOCK will inform you without delay. It may offer you an equivalent product, which you remain free to refuse; failing agreement, the sums paid for that product will be refunded to you within fourteen days at the latest.
Article 5 – Prices and shipping costs
- Display. Prices are stated in euros. By default they are displayed inclusive of all taxes (incl. VAT); any visitor may choose to display them exclusive of taxes (excl. VAT). Business accounts automatically see prices excl. VAT. The total amount of the order incl. VAT is always shown before the order is placed.
- VAT. Hops are subject to French VAT at the rate of 5.5%; any other product, at the rate stated on its product page.
- VAT, delivery within the European Union. To a business customer that provides a VAT number issued by a Member State other than France and confirmed as valid by the European Commission’s VIES service at the time of the order, the sale is a VAT-exempt intra-Community supply (Article 262 ter I of the French Tax Code): the invoice is issued exclusive of VAT and the customer accounts for the VAT in its own country. To any other customer, French VAT applies, as long as HOPSTOCK remains below the EU distance-selling threshold (Articles 258 A and 259 D of the French Tax Code); above that threshold, the VAT of the country of delivery applies, at its rate, and the price incl. VAT shown in the basket takes it into account. If the VIES service does not respond when the order is placed, French VAT is applied, and HOPSTOCK refunds it to you by a corrective invoice once your number is confirmed as valid.
- VAT, delivery to Switzerland. The sale is an export exempt from French VAT (Article 262 I of the French Tax Code); Swiss duties and taxes are dealt with in Article 8.
- VAT, delivery outside the European Union. The website offers delivery outside the European Union only to Switzerland. A delivery to another country outside the Union that HOPSTOCK agrees to make on written request is an export exempt from French VAT (Article 262 I of the French Tax Code); import duties, taxes and charges in the country of destination are payable by the consignee (Article 8).
- Shipping costs. They depend on the weight of the order, the delivery address and the delivery method chosen. Depending on the products, the order may be shipped in several parcels. Their amount is shown in the basket and restated before the order is placed. They are invoiced together with the goods, including VAT at the applicable rate. Outside France, they are calculated from the carrier GLS’s rates for the country, postcode and weight of the order; some islands are subject to a carrier surcharge, included in the shipping price shown.
- Applicable price. The price invoiced is the one displayed at the time the order is placed. For the 3-harvest supply contract, the price is fixed when ordering, then revised each year according to the IPAMPA index, within a limit of 5% a year (Article 9).
- No surcharge is applied depending on the payment method used.
Article 6 – Orders
- You choose your products and their pack size, then add them to your basket.
- You log in to your customer account, or create one.
- You choose the delivery method offered for each parcel. For fresh hops, you state your planned brewing date.
- A summary shows the products, quantities, prices, shipping costs for each parcel, the total amount and the delivery times. You may correct your order at any time before placing it.
- You accept the Terms, then place the order by clicking the “Order with obligation to pay” button.
- HOPSTOCK sends you, without delay, a confirmation email setting out the content of your order and these Terms; consumers will also find in it the withdrawal form and where to find the online withdrawal function.
The sale is concluded when this confirmation email is sent. HOPSTOCK may refuse an order on legitimate grounds, in particular a payment dispute concerning a previous order; it will then inform you without delay. The data recorded by the ordering system constitute proof, unless proven otherwise, of the nature, content and date of the order.
Article 7 – Payment
- Payment methods. The payment methods offered are displayed when you order: bank card, through secure payment operated by Stripe (HOPSTOCK never has access to your card numbers), and bank transfer.
- Bank card. The account is debited when the order is placed.
- Bank transfer. HOPSTOCK’s bank details are given in the confirmation email. The order is passed on to the grower for shipping as soon as the funds are received. If the transfer has not been received after a reminder from HOPSTOCK, the order may be cancelled. From abroad, the transfer is made in euros (SEPA transfer); the customer’s own bank charges are borne by the customer.
- Business customers. The payment terms specific to business accounts are set out in Article 21. A business customer’s order may also be paid for in three SEPA Direct Debits, free of charge, under the conditions of Article 21a.
- Invoice. HOPSTOCK issues an invoice for each order and for each instalment of a 3-harvest contract. The invoice is issued on dispatch and sent by email to the account's email address.
Article 8 – Delivery
- Destination. Products are delivered within metropolitan France and to Austria, Belgium, Denmark, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Switzerland. Other countries outside the European Union, and territories outside the European Union’s VAT area (the Canary Islands, Ceuta, Melilla, Livigno, Campione d’Italia, Büsingen and Heligoland), are not served. Fresh hops and the 3-harvest supply contract are available for deliveries in France only.
- Shipping. Depending on the products, the parcel is prepared and shipped by the grower or by HOPSTOCK. The available carriers and services, with their prices, are displayed when you order. The order may be shipped in several parcels, which may arrive on different dates.
- Delivery times. The delivery date or delivery time for each product is stated on its product page and restated before the order is placed. A tracking link is sent to you when each parcel is shipped.
- Pellets from the current year’s harvest: shipped from 30 October of the harvest year.
- Fresh hops: shipped by Chrono 10 only, according to your brewing date. It must be possible to take delivery of the parcel on the day it is delivered.
- Delivery outside France. Parcels are carried by GLS. The delivery time shown runs from the handover of the parcel to the carrier and is given as an indication. Your telephone number, with your country code, is passed on to the carrier so that it can let you know about the delivery.
- Switzerland. The sale is an export: it is invoiced exclusive of French VAT. Swiss import VAT, any customs duties and import charges are payable by the consignee, who pays them to the carrier or to the Swiss authorities (Incoterm DAP, Incoterms® 2020); you expressly accept this before placing the order. Export customs formalities, carried out by GLS, are included in the shipping price. A parcel refused or not cleared through customs by the consignee is returned to HOPSTOCK; the return costs charged by the carrier are borne by you.
- Delivery outside the European Union. If HOPSTOCK agrees, on written request, to deliver to another country outside the European Union, the sale is an export: it is invoiced exclusive of French VAT. Import VAT, any customs duties and import charges in the country of destination are payable by the consignee, who pays them to the carrier or to the authorities of their country (Incoterm DAP, Incoterms® 2020); you expressly accept this before the sale is concluded. A parcel refused or not cleared through customs by the consignee is returned to HOPSTOCK; the return costs charged by the carrier are borne by you.
- Receipt. We invite you to check the condition of the parcel in the presence of the delivery driver or as soon as you collect it from the pick-up point, to note any reservations on the carrier’s document and to report any damage or missing items to us as soon as possible, with photographs. The obligations specific to business customers are set out in Article 22.
- Transfer of risk. The risk of loss of or damage to the products passes to you when you, or a third party designated by you other than the carrier, take physical possession of the parcel.
- Incorrect address. If a parcel is returned to the sender because of an incomplete or incorrect address provided by the customer, the cost of reshipping it is borne by the customer.
Article 9 – 3-harvest supply contract
- Principle. This contract reserves for you a given quantity of a given variety for three successive harvests, at a price fixed when ordering and revised each year according to the IPAMPA index, within a limit of 5% a year. It is reserved for business customers: it is entered into by a business, identified by its company name and SIRET number (or, for a business established in another European Union country, by its EU VAT number), for the purposes of its activity. For now, it is offered for delivery in France only.
- Price. The contract price per kilo follows the “contract” scale shown on the variety’s product page, based on your annual volume on the date of the order (your purchases of hops from the same grower since 1 February, the year running from 1 February to 31 January, your basket and the contract volume included); it is never higher than the price without a contract for the same volume. Where the grower sets the price of this contract itself, the product page shows that price. It is calculated when you order, then revised at the due date of the second and third deliveries, as set out below.
- Annual price revision. At the due date of the second and third deliveries, the price per kilo in force is revised according to the index of purchase prices of the means of agricultural production (IPAMPA, overall index, base 2020), published monthly by Insee (series no. 010777276). The reference index is the value for the third month before the month of the order; the revision index is the value for the third month before the month of the due date (for the 30 October due date: July). The price is multiplied by the ratio of the revision index to the reference index, then rounded to the nearest cent; the change applied may not exceed 5% a year, pro rata to the number of months between the two indices (5% for twelve months), upwards or downwards. The revision index of one due date becomes the reference index for the next. The values used are those published by Insee on the day of the calculation; a later correction by Insee has no effect on a price already calculated. HOPSTOCK checks each revision before applying it; it may waive an increase, a decrease always applies. The email sent before the debit states the index, its values, the calculation and the new price. If Insee stops publishing this index, the index that replaces it applies, with the linking coefficient published by Insee.
- First delivery. If the latest harvest is in stock for the whole annual volume chosen, the first delivery is paid in full when ordering. It ships immediately, or from 30 October if the harvest is ordered before that date. Otherwise, the first delivery comes from the following harvest: a deposit of 20% of its amount is paid when ordering, and the balance is debited on 30 October of that harvest’s year, under the conditions set out below for subsequent deliveries; it ships once the balance has been paid. The planned dates are shown to you before you confirm the order.
- Subsequent deliveries. They are paid for at each annual due date, on 30 October, by automatic debit from the payment method registered when the contract was signed (bank card or SEPA Direct Debit mandate). When your delivery is reserved, we email you the amount of the delivery, shipping included, and the date of the debit; for a SEPA Direct Debit, this email reaches you at least 5 calendar days before the debit. The SEPA Direct Debit is issued under the SEPA creditor identifier of Stripe, the provider that processes our payments, on the basis of the mandate you accept when ordering: Stripe sends you the direct debit notice by email when it initiates the debit, at the latest two calendar days before the debit, as provided for in that mandate. If the debit fails, or if no payment method is registered, a payment link is sent to you. Each delivery is shipped after it has been paid for, as soon as the corresponding harvest is available.
- Shipping costs. Shipping is free for each delivery of 200 kg or more in mainland France (excluding Corsica and Monaco). Below 200 kg, and in Corsica, Monaco, the French overseas territories or outside France whatever the weight, the shipping cost of each delivery is invoiced with it, according to our shipping rate scale, based on the carrier’s rate of the day and recalculated for each delivery. An estimate is shown when you order; the exact amount is stated in the email sent before each debit.
- Harvest risks. If the grower’s harvest does not allow all or part of the reserved quantity to be delivered (frost, hail, drought, disease or any other force majeure event), HOPSTOCK will inform you as soon as it becomes aware of this. It may offer you equivalent hops, which you remain free to refuse. The quantity not delivered is not invoiced and, if it has already been paid for, it will be refunded to you within fourteen days at the latest.
- Term. The contract ends after the third delivery. It is not tacitly renewed: a new contract requires a new order from you.
- Business customers only. The contract is not offered to consumers. The clauses of Part 2 (Articles 14 to 18 and the annex: right of withdrawal, consumers’ legal guarantees, consumer mediation) do not apply to it; the clauses of Part 3 apply.
- Business customers. The price renegotiation clause is set out in Article 24.
Article 10 – Guarantees
HOPSTOCK, as seller, is liable for the conformity of the products and for their hidden defects, including for products harvested by the partner growers.
- Consumers benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, which are set out in Article 16.
- The guarantees applicable to business customers are set out in Article 23.
- For any complaint, write to contact@brewstock.fr stating the order number and attaching a photograph of the product and its label (batch number).
Article 11 – Force majeure
Neither party is liable for a failure caused by a force majeure event within the meaning of Article 1218 of the French Civil Code (Code civil). The party prevented from performing informs the other without delay. If the impediment lasts more than thirty days, either party may terminate the order concerned in writing; the sums paid for products not delivered are then refunded.
Article 12 – Personal data
The data needed to handle orders is processed by HOPSTOCK in accordance with its privacy policy.
Article 13 – Governing law, complaints and disputes
- These Terms are governed by French law. This choice does not deprive a consumer resident in another country of the protection afforded to them by the mandatory provisions of the law of that country (Regulation (EC) No 593/2008, Article 6). Sales to business customers established outside France are governed by French law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 11 April 1980).
- Any complaint may be sent to customer service: contact@brewstock.fr, 07 56 82 22 32, or by post to HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck.
- The dispute resolution methods specific to consumers are set out in Article 18, and those specific to business customers in Article 25.
Part 2 – Clauses for consumers only
Articles 14 to 18 and the Annex apply only to consumers within the meaning of Article 3.
Article 14 – Information and record-keeping
- The information required by Articles L111-1 and L221-5 of the French Consumer Code is provided to you on the product pages, in the basket, in the order summary and in these Terms.
- For any order of €120 or more, HOPSTOCK keeps the written record of the contract for ten years and gives you access to it on simple request (Articles L213-1 and D213-1 et seq. of the French Consumer Code).
- It is prohibited to canvass a consumer by telephone for commercial purposes unless the consumer has given prior consent (Article L223-2 of the French Consumer Code). HOPSTOCK uses your telephone number only for tracking your orders and their delivery.
Article 15 – Right of withdrawal
15.1 Period. You have the right to withdraw from the contract within fourteen days without giving any reason. This period expires fourteen days after the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. Where your order comprises several parcels delivered separately (for example the parcels of several growers), the period runs from receipt of the last parcel. The 3-harvest supply contract, which is reserved for business customers (Article 9), carries no right of withdrawal.
15.2 Exceptions. In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised:
- for fresh hops, being goods liable to deteriorate or expire rapidly (Article L221-28, 4°);
- for a pack (for example a vacuum-packed bag or a bag packed under inert gas) that you have unsealed after delivery and that cannot be returned for reasons of hygiene or health protection (Article L221-28, 5°).
Products covered by the first exception indicate this on their product page and before the order is placed. A pack that remains sealed is still covered by the right of withdrawal.
15.3 How to withdraw. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement, sent to HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck, telephone 07 56 82 22 32, email contact@brewstock.fr (e.g. a letter sent by post or an email). You may use the model withdrawal form set out in the Annex, but it is not obligatory.
You may also exercise your right of withdrawal online on brewstock.fr, using the “Withdraw from contract here” link at the bottom of every page of the site, in your customer account and in the order confirmation email, at https://brewstock.fr/en/withdraw-from-contract/. There you enter or confirm your surname, first name, the order concerned and the email address at which you wish to receive the acknowledgement of receipt, then confirm using the “Confirm withdrawal” button. If you use this online function, we will send you, as soon as possible, an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), stating the content of the statement and the date and time of its submission.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
15.4 Effects of withdrawal. If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice, where applicable, of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or until you have supplied evidence of having sent back the goods, whichever is the earlier.
You must send back the goods or hand them over to HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck, without undue delay and in any event not later than fourteen days from the day on which you communicate your decision to withdraw from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
You will have to bear the direct cost of returning the goods. From abroad, these costs include the return carriage and, from outside the European Union, the customs formalities for the return. VAT and duties paid to the authorities of the country of destination on import are not collected by HOPSTOCK: their refund must be requested from those authorities.
You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
You may withdraw from only some of the products ordered. We will then reimburse those products and part of the delivery costs: all the delivery costs of a parcel whose products you return in full; for a parcel returned in part, its delivery costs in proportion to the number of items returned. The extra cost of a type of delivery more expensive than the standard type offered is not reimbursed. Fresh hops are excluded from the right of withdrawal (Article 15.2): neither their price nor their delivery costs are reimbursed.
Article 16 – Legal guarantees
HOPSTOCK, as seller, is bound by the legal guarantee of conformity (Articles L217-1 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 to 1649 of the French Civil Code), under the conditions summarised in the box below. To invoke them, contact customer service (Article 10).
Legal guarantees – box required by Article D211-2 of the French Consumer Code
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract of sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the intended period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation on the trader, where applicable, to provide all updates necessary to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date on which the goods are replaced.
The consumer may obtain a reduction in the purchase price while keeping the goods, or terminate the contract and obtain a full refund in return for giving back the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;
4° The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are out of use for repair or replacement suspends the remaining period of the guarantee until the restored goods are delivered.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who in bad faith obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee gives entitlement to a price reduction if the goods are kept, or to a full refund in return for giving back the goods.
Article 17 – Delivery period and late delivery
- HOPSTOCK delivers the goods on the date or within the period stated when ordering. If no date or period is stated, delivery takes place without undue delay and no later than thirty days after the contract is concluded (Article L216-1 of the French Consumer Code).
- If this obligation is not met, you may, under the conditions of Article L216-6 of the French Consumer Code, terminate the contract after having required us, without success, to make delivery within an additional reasonable period, or immediately where the delivery date was an essential condition of the contract for you (for example the brewing date stated for fresh hops). The sums paid are then refunded to you within fourteen days of termination at the latest.
Article 18 – Consumer mediation and disputes
18.1 Prior written complaint. In the event of a dispute, first send a written complaint to our customer service: by email to contact@brewstock.fr or by post to HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck. State your name, your order number and the subject of your request, and attach any relevant supporting documents. We will reply in writing within one month.
18.2 Referral to the consumer mediator. If we have not replied to your complaint, or if you are not satisfied with our reply, you may refer the matter free of charge to the consumer mediator responsible for HOPSTOCK, in accordance with Articles L612-1 and L616-1 of the French Consumer Code: Centre de Médiation de la Consommation des Conciliateurs de justice (CM2C) (membership being finalised), 49 rue de Ponthieu, 75008 Paris, website: www.cm2c.net. You may refer the matter to it online on that website or by post to that address.
18.3 Conditions for referral. The mediator can only examine your request if you have first sent HOPSTOCK a written complaint, if you refer the matter within one year of that complaint and if the dispute is not being, and has not been, examined by another mediator or by a court (Article L612-2 of the French Consumer Code). Mediation is free of charge for you; the only costs you bear are the fees of a lawyer, of a person assisting you or of an expert whom you choose to engage (Article R612-1 of the same code). You are free to accept or reject the solution proposed by the mediator.
18.4 Recourse to the courts. Mediation is optional: you are not obliged to use it before taking legal action, and it does not exclude the possibility of bringing the matter before the competent court in accordance with the ordinary rules of law. A consumer resident in another European Union country may also bring proceedings before the courts of their country (Regulation (EU) No 1215/2012, Article 18) and obtain free help from the European Consumer Centre of their country (ECC-Net).
Annex – Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
To HOPSTOCK, 2131 route de Merville, 59190 Hazebrouck, contact@brewstock.fr:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Part 3 – Clauses for business customers only
Articles 19 to 25 apply only to business customers within the meaning of Article 3. The clauses of Part 2, in particular the right of withdrawal, do not apply to them.
Article 19 – Provision of the Terms
HOPSTOCK provides these Terms, on a durable medium, to any business buyer who requests them (Article L441-1 of the French Commercial Code).
Article 20 – Business account and prices
- A business account is opened on provision of the SIRET number and, where applicable, the intra-Community VAT number. A business established outside France opens it with its EU VAT number (European Union), checked with the VIES service, or with its UID number (Switzerland). HOPSTOCK may verify this information before approving the account.
- Prices are displayed and invoiced excl. VAT, with VAT added at the applicable rate, except for VAT-exempt intra-Community supplies and exports (Article 5).
Article 21 – Payment terms
- New customer. A business customer’s first order is paid for before shipping, unless it is paid for in three direct debits (Article 21a).
- Regular customer. Subsequent orders are payable within thirty days of the invoice date (Article L441-10 of the French Commercial Code), or in three direct debits under the conditions of Article 21a. No discount is granted for early payment.
- Late payment. Any sum not paid by the due date automatically bears, from the day following the payment date shown on the invoice and without any reminder being necessary, late-payment penalties calculated at three times the legal interest rate in force. A customer who pays late is also automatically liable for a fixed indemnity for recovery costs of €40 per invoice (Articles L441-10 and D441-5 of the French Commercial Code). If the recovery costs incurred exceed this amount, HOPSTOCK may claim additional compensation on presentation of supporting evidence.
- Suspension. In the event of late payment, HOPSTOCK may suspend ongoing deliveries, including those under a 3-harvest contract, after a reminder has gone unheeded.
Article 21a – Payment in three direct debits
- Principle. A business customer’s order may be paid for in three SEPA Direct Debits, free of charge. This option is offered when ordering where all of the following conditions are met: the business account has been approved and its SIRET number verified; the billing address is in France; the hops ordered amount to at least €1,500 excluding VAT, shipping not included; the order does not fall under a 3-harvest contract (Article 9) and does not concern a harvest that is not yet available; no previous direct debit has remained unpaid. It is also offered for a new customer’s first order. When confirming the order, HOPSTOCK may decline the option; it then informs you and offers you the other payment methods.
- Mandate. By choosing this option, you accept the payment schedule displayed and sign online a SEPA Direct Debit mandate on a bank account held in your business’s name with a bank located in the SEPA area. Nothing is debited when you order. The direct debits are issued under the SEPA creditor identifier of Stripe, the provider that processes our payments.
- Payment schedule. The total amount of the invoice, including VAT and shipping, is divided into three equal parts, rounded to the nearest cent; the last part takes up any rounding difference. The first direct debit takes place on the invoice date, the invoice being issued on dispatch (Article 7), the second thirty days after that date and the third sixty days after that date. No instalment falls due more than sixty days after the invoice date (Article L441-10 of the French Commercial Code). The dates shown when you order are provisional; the final dates appear on the invoice and in the email that comes with it.
- Notice before the direct debits. The order confirmation email states the amount of each direct debit, and the email that comes with the invoice states their dates. Before the second and third direct debits, an email reminds you of the amount and the date at least 5 calendar days before the debit. Stripe also sends you the direct debit notice when it initiates each debit, at the latest two calendar days before the debit, as provided for in the mandate.
- Change of bank account. You can replace the mandate used for the remaining direct debits from your customer account, under "Payment methods". This replacement does not trigger any debit.
- Refused direct debit. If a direct debit is rejected, or if your bank refunds it to you, the amount concerned remains due. We inform you by email and give you HOPSTOCK’s bank details for payment by bank transfer. Failing payment, the direct debit is presented again seven days later. If it is refused again, the whole outstanding balance becomes immediately due, and the late-payment penalties and the fixed indemnity for recovery costs provided for in Article 21 apply. HOPSTOCK may then suspend deliveries in progress (Article 21) and no longer offer you payment in three direct debits.
- Credit note and cancellation. A credit note issued on the order is set off first against the direct debits that have not yet taken place, starting with the last one; if it exceeds the outstanding balance, the difference is refunded to the debited account. An order cancelled before dispatch does not give rise to any direct debit.
- Retention of title. The products remain HOPSTOCK’s property until the price has been paid in full. Risk passes to you under the conditions of Article 8.
- Free of charge. Payment in three direct debits involves no fees, no interest and no price increase. Any charges your bank may make, in particular for a rejected debit, remain payable by you.
Article 22 – Receipt and carriage
- The customer checks the parcels on receipt. In the event of damage or partial loss, the customer makes specific reservations on the carrier’s document and confirms its reasoned protest to the carrier within three days of receipt, excluding public holidays, by registered letter or by extrajudicial act (Article L133-3 of the French Commercial Code). The customer sends a copy to HOPSTOCK within the same period.
- For delivery outside France, carriage is governed by the Geneva Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road (CMR): the customer makes specific reservations on the carrier’s document on delivery and, for loss or damage that is not apparent, sends written reservations to the carrier within seven days, Sundays and public holidays excluded, of delivery (Article 30 of the CMR). The customer sends a copy to HOPSTOCK within the same period.
- Any apparent lack of conformity (wrong variety, pack size or quantity) must be reported to HOPSTOCK in writing, with photographs, within eight days of receipt.
Article 23 – Guarantees and liability
- Hidden defects. HOPSTOCK guarantees the business customer against hidden defects in the products under the conditions of Articles 1641 et seq. of the French Civil Code; the action must be brought within two years of discovery of the defect (Article 1648 of the French Civil Code).
- Lack of conformity. A product whose lack of conformity is established is replaced or refunded.
- Use of the products. The analytical values stated on the product pages are typical values. It is the business customer’s responsibility to check that the product is suitable for its recipe; HOPSTOCK provides the customer, on request, with the information available on the batch.
- Limitation of liability. Except in the event of gross negligence or wilful misconduct, HOPSTOCK’s liability to a business customer is limited to the price of the products concerned. HOPSTOCK is not liable for indirect losses, such as the loss of a brew, loss of production or loss of profit.
Article 24 – 3-harvest contract: price renegotiation
- In accordance with Article L441-8 of the French Commercial Code, the contract price, revised each year under Article 9, may also be renegotiated upwards or downwards where the prices of agricultural and food raw materials, energy, transport or packaging materials vary beyond the following threshold: a change of more than 10%, upwards or downwards, in the IPAMPA index defined in Article 9 between the reference index of the order and the latest revision index. Until an agreement is reached through the renegotiation, the annual revision under Article 9 continues to apply.
- The party requesting renegotiation does so in writing. The renegotiation is conducted in good faith, with due respect for business secrecy, and lasts no more than one month. It seeks a fair sharing between the parties of the change in production costs. Minutes of the renegotiation are drawn up.
- Failing agreement at the end of this period, and unless the matter is referred to arbitration, Article L631-28 of the French Rural and Maritime Fishing Code (Code rural et de la pêche maritime) applies (mediation of agricultural commercial relations).
Article 25 – Disputes between businesses
Failing amicable settlement, any dispute relating to sales concluded with a business customer falls within the exclusive jurisdiction of the Dunkerque Commercial Court (tribunal de commerce de Dunkerque).