General Terms and Conditions

 

Version of 01/05/2019

 

 

1. PURPOSE
 

The General Terms of Sale describe the rights and obligations of the Company and the Customer, and apply automatically to all sales between the Company and you. You confirm that you have read and understood the Terms of Sale and waive the right to invoke any contradictory document and in particular your own general terms of purchase. The applicable law is French law.

 

 

2. ORDERS
 

An order is definitively recorded only after receipt by the Company of the information validated by the Customer. The sale is deemed concluded when the order is recorded. The company reserves the right to suspend any order from a Customer in the event of late payment of a previous order. Orders handled by agents or representatives are subject to prior acceptance.

 

 

3. PRODUCTS
 

The Company warrants the functionality of the components of the products sold. The customer is responsible for checking the physical and chemical compatibility with its products under normal conditions of use, storage and transport, without liability to the Company. The information presented by the Company is indicative, confidential and non-binding. If our products are used to transport products or materials subject to national, EU or international regulations, compliance with these regulations shall be the responsibility of the Customer, who will be solely responsible for its choices and for any incompatibility of the products ordered with the applicable legal requirements. Traceability by batch number is only ensured for products delivered by complete pallets, not prepared individually and shipped exclusively by the Company's warehouses. Claims cannot be submitted for anomalies on refurbished containers, apart from the structural elements. More generally, the Company is bound by a best-efforts obligation, and cannot be held liable in the event of a force majeure incident or other incidents stipulated by case law.

 

 

4. PRICE
 

The prices for the products sold are those in effect on the day the order is placed. The company reserves the right to change prices at any time. Prices are expressed in Euros and calculated excluding VAT. For orders delivered in France, VAT will be added. Deliveries in France exempt from VAT must be duly justified by the Customer. Transportation costs applicable on the day of the order may be added to the prices. For orders of less than €150 excl. VAT in merchandise, the Company will charge an order processing fee of €40 excl. VAT. No discounts will be granted in the event of early payment.

 

5. DELIVERY
 

The products are delivered to the address indicated by the Customer in the order. Delivery times are given only as an indication and the Customer may not invoke them to refuse to take possession of the delivered goods or cancel the order, request penalties or compensation, and/or refuse to pay the price. Claims must be made by registered letter within 3 business days of receipt of the goods in order to be valid. Even if sold Franco, goods always travel at the risk of the recipient, who must take action against the carriers in the event of delays, damage or missing items. Only disputes upon receipt that have been duly noted as required by the transport agreements may give rise to compensation.

 

6. PAYMENT
 

Orders placed by the Customer on the Company's e-commerce sites are payable before delivery, by the payment methods available on the websites. For orders placed by the Customer excluding e-commerce, unless otherwise specified, all invoices must be paid to the Company's accounting address indicated on the invoice within 30 days of the invoice date. Payments must be made such that the funds are available to the Company on the due date appearing on the invoice. Based on the economic and financial information brought to the Company's attention, the special terms of payment and any credit terms granted to the Customer may be revised for orders in progress. The Company may request cash payment on delivery or prepayment, without granting a discount. In accordance with Article L. 441-6 of the French Commercial Code, any delay in payment will automatically result in the application of a fixed collection fee of €40, without the need for a late payment notice, as well as late payment interest at the rate applied by the European Central Bank in its most recent refinancing operation, plus 10 percentage points.

Penalty clause: in addition, by express agreement, the Customer will be charged for all collection costs incurred by the Company assessed at a flat rate of 15% of the unpaid amount (20% for deliveries outside France).

Late payments: in the event of late payments, the Company shall be entitled to demand immediate payment of the outstanding balance, demand payment before shipping or delivering new goods and suspend or cancel pending orders, without prejudice to claiming damages and/or terminating the agreement.

 

 

7. RETENTION OF TITLE


The company retains ownership of the goods until full payment of the price and other charges payable. Law 80.355 of 12 May 1980.

 

8. JURISDICTION
 

For legal disputes, of whatever nature or cause, the courts of Nantes (France) shall have sole jurisdiction, even in the case of summary proceedings, incidental claims, or multiple defendants.