Our sales conditions

Article 1 - Application and opposability of the General Conditions of Sale (CGV)

These terms and conditions supersede and replace any previously applicable terms and conditions. Any other document issued by the seller, including catalogs, brochures, and advertisements, is for informational purposes only. All purchases or orders of products sold by the seller are subject to these General Terms and Conditions of Sale (GTC). The buyer therefore expressly and unreservedly accepts these GTC, which take precedence over any other document issued by the buyer or any other entity related to the buyer. In any event, the seller reserves the right to refuse any buyer request that is excessive or deviates from these GTC. The French version of these General Terms and Conditions of Sale prevails over any translation thereof.
The seller's failure to enforce any of these GTC at any given time shall not be construed as a waiver of its right to enforce any of said conditions subsequently. The invalidity of any clause of these GTC shall not affect the validity of the GTC as a whole.

Article 2 - Order

The sale of our products is final on the day of the acknowledgment of receipt of the order form (ARC) issued by the seller. No total or partial cancellation or quantitative or qualitative order modification can be accepted without written agreement from the seller from the sale. In the event of express acceptance on the part of the seller, any cancellation could give rise to an increase in prices priced and would generate new delivery times.

Article 3 - Delivery

3.1 Deliveries are made by handing the goods over to a carrier at the seller's premises. Delivery times are indicative only and depend on the seller's supply capabilities and the carrier's availability. Delays shall not give rise to damages, withholding of payment, or cancellation of pending orders. The seller is authorized to make deliveries in whole or in part.
3.2 The seller's products, regardless of the transport conditions, travel at the buyer's risk (see "General Conditions of Transport"). Consequently, and without prejudice to the application of the retention of title clause stipulated in Article 8 herein, the buyer shall bear all risks to which the products may be exposed or which they may cause from the moment the carrier takes charge of them. The buyer shall obtain insurance accordingly and bear the associated costs. In all cases, it is the buyer's responsibility, in the event of damage, missing items, or delays, to make clear and precise reservations on the carrier's delivery receipt and to notify the carrier of their reasoned protest by registered letter with acknowledgment of receipt within three days, excluding public holidays, following receipt of the products.
3.3 In the event of delayed delivery at the customer's request or in the event of an order not collected by the customer, storage fees will be charged in addition to the price, at a rate of €30 excluding VAT per week per square meter of storage space. Orders will be automatically invoiced to the customer after a period of one month from the scheduled delivery date indicated when the order was placed.

Article 4 - Reception

Without prejudice to any action to be taken against the carrier, claims regarding apparent defects or non-conformity of the delivered product with the ordered product must be made in writing within five (5) days of the arrival of the products.
In all cases, the customer is responsible for ensuring the receipt of the products and for providing the necessary personnel for unloading. The customer must therefore be present at the delivery location and on the day of delivery. Otherwise, no claim will be accepted.
To this end, the customer must countersign the carrier's delivery receipt.

Article 5 - Responsibility - PRODUCTS

5.1 The seller guarantees that the products comply with French regulations in force on the date of delivery and that they have the composition indicated on their packaging.
5.2 The use of the products, whether as is or in combination with other products or goods, is at the buyer's own risk. The buyer is obligated to store and use the products in accordance with applicable regulations and to fulfill all of its legal obligations towards its own customers. The seller cannot under any circumstances be held liable for defects or damage to the delivered products resulting from abnormal conditions or conditions that do not comply with the recommendations for storage, preservation, and sale after delivery of these products.
5.3 The buyer is responsible for providing all necessary evidence to substantiate any defects or anomalies observed. The buyer must allow the seller every opportunity to verify these defects. In the event of a defect or anomaly duly acknowledged by the seller, the seller's obligation will be limited to replacing the defective quantities with similar products. No other compensation will be awarded for any reason or damage whatsoever. No returns will be accepted for any reason without the seller's prior written consent. Any return accepted by the seller will result in a credit note being issued to the buyer after a qualitative and quantitative inspection of the returned products. The costs and risks of return shipping are always borne by the buyer.
In the absence of justification regarding the existence of the defects or anomalies observed, no credit note request will be accepted.
5.4 In the event of force majeure, including but not limited to fires, floods, total or partial strikes, changes in regulations, inability to obtain raw materials, or energy supply disruptions, the seller will be automatically released from its delivery obligation without compensation from the date of the event and undertakes to notify the buyer as soon as possible.

Article 6 - Price

Our prices are those in force at the time of handling the products by the carrier Our prices can be revised subject to prior information of 10 days.

Article 7 - Payment

7.1 Invoices are payable within 30 days of the invoice date. Payment, as defined in these General Terms and Conditions, is not the mere delivery of a bill of exchange or a check implying an obligation to pay, but rather its settlement on the agreed due date. In the case of payment by bill of exchange, failure to return the bill will be considered a default of payment. A discount of 0.6%, calculated on the pre-tax and pre-shipping basis, will be granted for early payment within 15 days of the invoice date.
7.2 Any buyer paying an invoice after the payment deadline will be required to pay the seller a fixed compensation fee for recovery costs, amounting to €40 (Decree of October 2, 2012).
7.3 In the event of late payment, the seller may suspend all pending orders, without prejudice to any other legal action. Late payment penalties at a rate equal to three times the legal interest rate, but no less than 5%, will be applied if payment is received after the due date indicated on the invoice. These penalties will only be due after formal notice has been issued.
If payment is not received within 48 hours of an unsuccessful formal notice, the sale may be automatically cancelled at the seller's discretion, who may then demand the return of the goods, without prejudice to any other damages. Cancellation may apply not only to the order in question but also to all previous unpaid orders, whether delivered or in transit, and whether payment is due or not. In all the aforementioned cases, any sums owed for other deliveries or for any other reason will become immediately payable if the seller does not choose to cancel the corresponding orders. If debt recovery requires the intervention of the seller's external legal department (insurance company, bailiff, lawyer, etc.), the amount due will be increased by the actual costs incurred upon presentation of supporting documents, plus VAT on the sums owed, less a fixed compensation of €40.
7.4 The seller shall have the right, at any time, either before or during the execution of the contract, to require the buyer to provide a guarantee of debt recovery that is satisfactory to the seller or the buyer, without having to justify this decision. In the event of failure to provide said guarantee, the seller may terminate the contract, without prejudice to any damages payable by the buyer, if applicable. In addition, the seller, taking into account the situation of the buyer (occasional customer, new customer, pilot customer, etc.), will have the right, at any time, either before the execution of the contract or during its execution, to require the buyer to have specific payment conditions (these conditions will be specified in the single agreement).

Article 8 - Reserve of ownership

The products sold by the seller remain his property until the full payment of the prices in principal, costs, interest and accessories by the buyer. However, the risks are transferred upon deliverance. The buyer forces personally with regard to the seller not to have by any means whatsoever, neither in full ownership, nor by constituting a guarantee of the products purchased before the full payment of the price. In any event, products in stock at the buyer will be presumed to be those unpaid. In the event of resale of the products by the buyer either in the state or after transformation, the buyer undertakes to transfer to the seller the price paid by sub -buyers to the price of the products remaining to pay. In the event of a defect of payment, the seller without losing any other of his rights, may require by letter Rar the return of the products at the expense and risks of the buyer. The buyer will also bear any legal and judicial costs.

Article 9 - Intellectual property

All technical and/or commercial documents given to the buyer remain the seller's exclusive and whole property, the only holder of intellectual property rights on these documents. The buyer can only make use of brands, logos, patents or any other intellectual property right belonging to the seller only with the express, written and prior authorization. All documents transmitted, as well as their possible reproductions, will be returned to the seller on request.

ARTICLE 10 - Dutting clause of jurisdiction

In the event of a dispute, the parties will attempt to reach an amicable agreement within 10 days of the date on which the dispute arose. Failing such an agreement, any dispute relating to this agreement shall be subject to the jurisdiction of the Commercial Court of Caen (France), even in the case of third-party claims or multiple defendants. The language of the proceedings shall be French.
All orders are governed by the general terms and conditions of sale in effect on the date of the order. Consequently, these terms and conditions are subject to change regardless of the publication of price lists.