TERMS OF SALES
1. GENERAL PROVISIONS - FIELD OF APPLICATION
These general conditions of sale apply in their entirety to all sales of our company. They prevail over any general conditions of purchase or any other documents emanating from the Customer, whatever the terms and whatever the document on which the general conditions of purchase appear. Any order sent to our Company implies the unconditional acceptance of its rates and of these general conditions of sale.
2. ORDERS
Orders received by our Company are firm and final.
Our company reserves the right to cancel any order, totally or partially and without this giving rise to any right to any. Compensation for the Client, in the following cases:
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in the event of a strike, even partial, of fire in our factory, of serious equipment accident, of flooding, of disruption of traffic by rail, river, land and any other mode of transport, requisition, civil or foreign war, or, in general, all other cases of force majeure or fortuitous events.
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in the event of modification of the laws and regulations concerning the flour milling industry or the grain trade, flour and products, animal feed.
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in the event of the sale of the Client's business, the cessation of his business or activity, his bankruptcy, legal settlement, liquidation of property, protest for lack of payment and acceptance. late payments, insufficient creditworthiness or, in general, bad references.
3. PRICE
I. Invoices are established at the current rate. The prices are exclusive of tax and any modification of prices will be communicated within 30 days of its implementation. During the period preceding the application of the new tariff. Our Company will only deliver at the rate still in force normal orders, that is to say, except in duly justified exceptional circumstances, those corresponding to the Customer's usual orders.
4. DELIVERY
The customer undertakes to comply with the flour specifications signed between the ANMF and the CNBF and the CNAM security protocol, copies of which can be delivered to him on request. Delivery takes place at the customer's premises. It is up to the Customer to set up an organization ensuring the presence of a person to receive the deliveries. Otherwise, the products will be deposited on site with the delivery slip, at the risk and peril of the (customer: in this case, sending the invoice will prove that the products were delivered in quantity and quality.
The delivery times that may be given by our company are purely indicative and their non-observance can in no way give rise to the cancellation of an order or the payment of damages. However, if a date has been indicated in writing to the Customer, the latter may cancel his order if it is not delivered thirty (30) days after this date, without this cancellation giving rise to the right to his benefit to any compensation.
The absence of dispute from the customer in writing by registered mail with acknowledgment of receipt within eight days will constitute acceptance of the invoice both on the price and on the quality and quantity delivered.
5. TRANSFER OF RISKS
As of the unloading at the Customer's premises, including in the event of the latter's absence, the products are in the custody of the Customer who must bear the risks they may undergo or cause, for any reason whatsoever, even in case of force majeure, fortuitous event or due to a third party.
6. CONFORMITY - ACCEPTANCE
The number and condition of the products must be checked upon delivery, in the presence of our company representative.
Any reservation or dispute relating to the quality and conformity of the products must be entered on the delivery note and be confirmed by registered letter with acknowledgment of receipt sent to our company within three days of delivery, after which date any reserve Or claim will be time-barred. In the absence of signature of the delivery note in the event of delivery in the absence of the Customer), the date (the invoice shall prevail in the event of a dispute over the key delivery date and the Customer will be required to send the registered letter referred to in the previous paragraph within eight days from that date.
Failing compliance with the above conditions, the products will be deemed to comply and the responsibility of our Company cannot be questioned, the Customer being held responsible for any damage suffered by our Company as a result of non-compliance with this procedure. .
The Customer must prove the existence of the defects or anomalies he invokes.
The ClielM is solely responsible for the degradation of the products resulting from their storage in abnormal conditions or incompatible with their nature. Our company reserves the right, by derogation where applicable from any rules and practices, to consider that:
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for sales: that the signing of the delivery slip constitutes approval;
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the samples, technical and commercial documents are provided for information only and may not under any circumstances be used as a basis for a dispute concerning the quality of the goods if they are of sound, fair and merchantable quality.
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only the guarantee label sewn or stuck on the bag or fixed on the bulk delivery note can engage our responsibility as for the quality of the product. In this regard and in the event of dispute or questioning of the products delivered and bagged with our brand, the Customer authorizes all examinations of the goods and in particular all samples intended for analysis by a laboratory approved in the profession. To be deemed contradictory, three samples must be taken and sealed in the presence of the Customer and a representative of our company, duly authorized from - closed bags labeled unopened
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bulk: at the time of loading for an ex-works purchase
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before unloading the truck at the customer for deliveries "made
(l) the implementation of rationing plans integrating our products is done under the full responsibility of the Customer.
7. GUARANTEE
Our company's warranty is limited to the replacement, as soon as possible, of products recognized as non-compliant.
the warranty does not extend in any case to defects not to defects not attributable to the seller, to damage caused by a defective product, to the costs of the operations to which the products are subjected before their use by the Customer, to the costs of withdrawals from circulation (the these products by the Customer and more generally to any indirect or immaterial damage, loss of turnover, customer, margin, image damage, etc.
8. PAYMENT
Invoices are payable, by transfer, check or cash, at the head office of our Company within 30 days of invoice date. The acceptance of three invoices constitutes acceptance of the general and price conditions.
However, our Company may require cash payment in (many circumstances likely to aggravate the risk (the insolvency of the customer or when it has encountered a payment incident with the Customer or when the latter's outstanding amount increases.
No discount will be granted for early payment.
Settlement is deemed to have been made when the funds are made available to our Company.
Any payment or reimbursement, partial or total, the sums will be charged first to the default interest and then to the principal.
In the absence of payment (one invoice on its due date automatically entails the application of a penalty calculated at a rate equal to three times the legal rate of interest in force per month of delay.
Fn the event of total or partial non-payment of an invoice on the due date, the sums due because of this order or other orders already delivered or in the course of delivery will be immediately payable. An indemnity of 40 € (forty euros) will be invoiced to the Customer for recovery in the event of the payment deadlines being exceeded according to the legal provisions.
In the event of litigation made necessary by the failure to pay an invoice, the Customer must also pay a lump sum indemnity of 10% of the amount of each unpaid invoice to cover these administrative costs, in addition to the costs, irrecoverable costs, without prejudice to damages and other claims that our company may make.
9.CLAUSE OF RETENTION OF OWNERSHIP
The products are sold under retention of title until full payment.
Payment means payment of the price of the products, the costs of the sale and the interest.
In the event of non-payment. The Customer will have to return the unpaid products at his own expense and risk, after a request constituting formal notice by registered letter with acknowledgment of receipt: the products in stock at the Customer's being presumed to be those unpaid. In this case, the sale will be automatically terminated, on the day of the return request.
10. CONFIDENTIALITY
The Customer, under penalty of incurring his responsibility, refrains from revealing to anyone any oral or written information communicated by our Company, even if the information has not been reported as confidential, relating to manufacturing methods, recipes. contractual products and more generally the know-how of our Company.
1 1. PROTECTION OF PERSONAL DATA
11.1 The information collected About the Customer is subject to computer processing carried out by our Company and is essential for processing his order. Personal data concerning the Customer is collected when creating an account and placing an order, the mandatory information being identified as such. [he collection and processing of this data is necessary for the management of orders, as well as for improving the services and information sent by our Company and for maintaining a secure environment. More specifically, the uses are as follows: Verification, identification and authentication of data transmitted by the Customer, Prevention and detection of fraud and management of security incidents. Management of any disputes with Customers, etc. This information and personal data is also kept for security purposes, in order to comply with the legal and regulatory obligations of our Company. They will be kept for the duration of the commercial relationship between our Company and the Customer and as long as necessary for the proper delivery of the quantities ordered.
11.2 Access to personal data will be strictly limited to the employees of the data controller, authorized to process them by virtue of their duties. The information collected may possibly be communicated to third parties in France linked to the company by contract for the execution of subcontracted, these service providers having limited access to the Customer's data, within the framework of the execution of the contract. service entrusted to them.
1 1.3 In accordance with the law n '78-1 7 of January 6, 1978 relating to data processing, files and freedoms, as amended by law 2004-801 of August 6, 2004, and by European Regulation 6/679 of April 27, the Customer has a right of access, rectification, update of his data, erasure and portability of data concerning him, the right to oppose the processing for legitimate reasons, rights that he can exercise by contacting the controller, attaching proof of his valid identity. The Customer can exercise his rights by writing to Mr. Aurélien THIBERT, data controller at the following e-mail address: In the event (complaint, the Customer can contact the Commission Nationale de l'Informatique et des Libertés {CNIL).
1 1.4 Our Company implements technical and organizational measures to protect the Customer's personal data against alteration, destruction and unauthorized access to this data. However, the internet is not a fully secure environment, our Company cannot guarantee the security of the transmission or storage of information on the internet. When consulting our Company's website, information relating to the Client's navigation on the Site may be saved in text files called "Cookies", installed on the Client's browser. As a result, a specific text on the protection of the personal data of the Customer by means of cookies has been added to the Site of our Company.
12, INDEPENDENCE OF CLAUSES - TOLERANCE
If one of the clauses of these conditions were null with regard to a mandatory rule, the validity of the other clauses would not be affected and they would then continue to apply fully.
The fact that our Company has not required the application of all or part of these conditions, whether permanently or temporarily, does not constitute a waiver of modification of these conditions or establish any right for the benefit of the Client.
13 APPLICABLE LAW - COMPROMISSORY CLAUSE - COMPETENT JURISDICTION
These general conditions of sale are subject to French law.
In the event of a dispute, the parties will first attempt to reach an amicable settlement or conciliation and, if necessary, will appeal to your arbitration chamber in Paris.
The Courts of the jurisdiction (the Aix en Provence (13100), even in the event of summary proceedings and notwithstanding multiple instances or parties, or guarantee appeal will be competent.