Terms of Sales
Description of the document and relation to the conditions of purchase
Any order for products, whether standard or promoted, signifies the knowledge and acceptance, by the Buyer and without reservation, of the Seller's general conditions of sale. They cancel all other conditions previously issued.
These general conditions include the prices, this text and the appendices. Unless it is accepted in advance and in writing by the Seller, no particular condition can prevail over the General Conditions of Sale.
Any condition proposed by the Buyer will therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.
The placing of an order by the Purchaser necessarily entails his renunciation to avail himself of any General Conditions of Purchase or to invoke any provision contrary to these Conditions.
Orders, delivery times
Orders are firm and final and no cancellation or modification will be possible without prior written acceptance by the Seller. Unless it is demonstrated that the cancellation comes from the Seller, any down payments made will remain acquired by the Seller as damages.
Only commands with the following information will be executed : date of the order, description of the products, quantities, applicable price list, total amount of the order, place and date (day and time) of desired delivery / collection, name and contact details of the transporter responsible for the collection.
Orders can be executed within a minimum of 2 working days (Saturdays, Sundays and public holidays excluded) after their receipt by the Seller. These delivery times are indicative. Any delays cannot justify compensation, refusal of goods, or cancellation of the order. The Vendor undertakes to inform the Purchaser of any unavailability of the product, whether temporary or lasting, this unavailability rendering any delivery deadline irrelevant. Any non-compliance with the delivery conditions by the Buyer entails the right for the Seller to invoice the Buyer for the carrier's waiting time.
The Seller reserves the right to split any order in the event that the quantity ordered at one time, or in series of successive orders transmitted within a period of 1 week represents more than 50% of the quantities delivered during the calendar year. elapsed.
To be admissible, any dispute on account of the condition of the goods must have been the subject of reservations recorded on the delivery slip, signed by the recipient and countersigned by the deliverer.
The Seller reserves the right to suspend its deliveries upon the appearance of any event likely to reveal a decrease in the apparent solvency of the Purchaser.
If the Buyer comes to load the goods at the Seller's premises, the transport is carried out at the risk and peril of the Buyer without any exception and despite the terms of the article on the Retention of Title Clause. In the event that the goods circulate accompanied by customs or fiscal documents, if these documents are not returned on time, the Buyer will reimburse the Seller for all sums that the Seller may have to bear, including duties and taxes.
To prepare orders subject to collection, the Seller must have received confirmation of the appointment 2 working days before the date of collection. Carriers must respect the safety protocol in force at the collection site.
Consequences of non-compliance with the conditions of collection by the Purchaser :
invoicing of a penalty of € 30 per load for a delay greater than 1 week,
refusal of loads for pickups without appointment or not corresponding to the date specified in the order.
Prices are for payment on order.
They can be modified at any time subject to a notice of 1 week except modification of the taxation in force.
No discount is granted for early payment unless expressly agreed otherwise.
The prices include specific conditions depending on the geographical area of delivery.
Any order that can be delivered at one time and in the same place must contain a minimum of 1 quantity.
All payment instruments (promissory notes, LCRs, checks, etc.) must reach the Seller before the due date indicated on the invoice.
Consequences of any total or partial non-payment, on the payment date indicated on the invoice :
immediate settlement of all sums still due regardless of the payment method provided and the due date.
payment as a penalty clause of an indemnity equal to 15% of the sums due and not paid, including any legal and extrajudicial costs, in particular penalties and bank charges where applicable. This penalty clause will apply without the Seller having to justify the extent and nature of his damage.
compensation, up to the amount of the principal plus interest, costs and accessories, with all assets, credits, refunds, rebates, discounts or discounts and more generally all sums that the Seller may owe to the Buyer in any capacity whatsoever that is.
suspension of all deliveries until full payment has been made.
termination of any contract or any order in progress after formal notice to pay, by letter RAR, has remained ineffective.
loss of discounts, rebates, discounts, possibly granted by the Seller but not yet paid,
cash payment for the deliveries of the two orders following the date of observation of the failure to pay on the correct date.
Any unilateral deduction on the part of the Purchaser on one of his payments would be considered as a default of payment and could lead to all of the above consequences.
The invoice is established at the Tariff applicable to the geographical area of delivery, in force on the date of delivery. The invoice is established according to the taxation in force and will be modified automatically in the event of modification of this one.
Any return accepted by the Seller or unavailability of the ordered product communicated by the Seller will result in the constitution of a credit note for the benefit of the Buyer, this credit not being in any case an acceptance by the Seller of any penalty or damage and interests whatsoever.
Title retention clause
All goods remain the property of the Seller until full payment of the price.
It is specified that by full payment of the price the Seller means the actual collection of the payment document. and not the delivery of a document creating an obligation to pay.
In the event of payment in installments, there is no full payment until payment of all due dates.
Any extension of maturity granted will be subject to the same retention of title.
The risks of loss or deterioration of the goods as well as the responsibility for the damages which they could cause are transferred to the Purchaser upon delivery of the goods. The Buyer must insure them on behalf of the Seller and at its expense.
The goods will be used or resold by the Buyer in the chronological order of the Seller's deliveries. Consequently, the goods in stock at the Purchaser will be deemed to relate to the Vendor's unpaid invoices. The return of goods belonging to the Seller under this clause will be at the expense and risk of the Buyer. Where applicable, the Seller reserves the right to claim the merchandise in the hands of all sub-purchasers.
In the event of resale, the claim may be exercised on the price of the goods or any corresponding claim, even in the hands of any holder or assignee, the Buyer agreeing to lend his assistance to the Seller for the recovery of these claims. from sub-buyers.
In all cases, the Seller is subrogated in the rights of the Buyer with regard to any sums or indemnities which may be due to him, for any reason whatsoever, and in particular insurance, up to the amount of the price. goods delivered and not yet paid for.
The Seller's contractual obligations are automatically suspended and the Seller's liability is released in the event of events likely to stop or reduce the manufacture, transport of goods or prevent the normal execution of sales. Likewise, the Seller's liability cannot be engaged in the event that the products sold are stored in abnormal conditions or incompatible with their nature.
The Seller's guarantee is limited to the replacement of goods recognized as defective to the exclusion of all damages for any reason whatsoever, in particular loss of material, loss of profit, etc., and in general for any alleged damage, direct or indirect, the Purchaser having to check the goods before use or resale.
To guarantee the quality of its products and preserve its brands, the Seller has the right to take back, wherever it is, products whose quality is in doubt, the Buyer committing to providing assistance, in particular logistics and establishing a stock.
Any claim by the Buyer for sums that the Seller could possibly owe him for any reason whatsoever must be notified by recorded delivery at the latest 1 month after the calendar year for which the sum is claimed. Otherwise, the complaint is not admissible.
In the event of a dispute in the interpretation and / or execution of these presents, jurisdiction is attributed to the Commercial Court of Coutances, the applicable law being French law.
Industrial and commercial property
The sale of the products does not confer any right on the Purchaser to the trademarks or distinctive signs affixed to these products.
The realization by the Buyer of any advertising message or promotional operation comprising the trademarks or distinctive signs affixed to the Seller's products is subject to the prior written authorization of the Seller.
The Seller reserves the right to refuse the dissemination of advertising messages which would be denigrating or damaging its brands.
When the Buyer places the Seller's products online, the Buyer undertakes to use only photos and logos sent by the Seller, for which the prior written agreement is mandatory.