GENERAL CONDITIONS OF SALE
These general terms and conditions of sale constitute the framework governing the sales of C2PACK SAS, registered with the Dijon Trade and Companies Register under number B 483 303 376, hereinafter referred to as "the seller."
All orders imply the buyer's full and unreserved acceptance of these general terms and conditions of sale.
These general terms and conditions apply to all contracts for the sale of products and the provision of services concluded and/or performed by the company, both in France and abroad. The parties agree that their relationship will be governed exclusively by these terms and conditions. Any modification to these general terms and conditions requested by the customer must be submitted in writing and accepted in writing by the company to be binding upon it. In the event of a conflict between these general terms and conditions and any specific terms and conditions stated on the purchase order or any other document accepted by both parties, the specific terms and conditions shall prevail.
Any order placed by the buyer is valid only after confirmation by the seller, evidenced by the seller sending the buyer an acceptance document. However, delivery of the order by the seller constitutes confirmation. The benefit of the order is personal to the buyer and cannot be transferred without the seller's consent.
Prices are based on the economic conditions prevailing on the date of the order.
The seller reserves the right to revise its prices at any time in the event of significant cost fluctuations, particularly in raw materials, energy, transportation, taxes, or any regulatory constraints.
Any order in progress may be subject to price adjustments only for products not yet delivered in the event of exceptional and unforeseen cost fluctuations.
Until order confirmation, the seller reserves the right, particularly in light of market fluctuations, to make any changes to its products, prices, or terms and conditions without prior notice or compensation to the buyer. Information contained in catalogs, brochures, notices, price lists, and more generally, any presentation documents or information provided by the seller, is for informational purposes only. This information does not constitute a contractual commitment until the order has been confirmed by the seller.
By express agreement between the parties, no order accepted by the seller may be canceled or modified by the buyer once it has been processed without the seller's written consent.
The products sold by the seller, including plastic and thermoformed packaging, cardboard boxes, and other packaging products, are manufactured using industrial processes that involve normal technical tolerances inherent to these processes.
Minor variations may occur, particularly concerning:
• material thickness
• rigidity or mechanical resistance
• transparency or visual appearance
• shades or variations in color
• dimensions or geometries
• marks related to the industrial processes (forming lines, perforation points, microfilaments, cutting marks, creasing marks, or visible fibers)
These variations, when they remain within the tolerances accepted by industry standards in the packaging and printing sectors, cannot be considered defects. conformity.
Due to technical constraints related to industrial manufacturing, printing, or processing methods, deliveries may vary in quantity.
The customer expressly accepts a tolerance of plus or minus 10% on the quantities ordered.
This tolerance applies in particular to customized, printed, or made-to-measure products.
Invoicing will be based on the quantities actually delivered.
All products delivered to the customer remain the property of the seller until full payment of the price has been received.
However, the risks (loss, theft, damage, etc.) relating to said products are transferred to the customer upon delivery, as is the obligation to repair any damage they may cause to property or persons.
Our goods are delivered free of charge for orders over €500 excluding VAT. Orders below this amount will be subject to shipping charges at cost. For international sales, shipping will be charged at cost plus customs fees for countries outside the EU.
Deliveries are deemed to have been made ex-works from the seller's warehouse, unless otherwise stipulated.
It is the customer's responsibility to check the condition of the products upon delivery and to make any specific and substantiated reservations to the carrier.
No claim relating to transport will be accepted without written reservations noted on the delivery slip.
Delivery times are given as an indication only. A delivery delay will not give rise to damages, withholding of payment, or order cancellation.
1. The following are considered force majeure events, without limitation: fire, flood, storm, earthquake, epidemic, pandemic, general or partial strike, transport blockage, raw material shortages, failure of a critical supplier, logistical disruptions, government restrictions, or any other cause beyond the reasonable control of the parties. 2. In the event of such an occurrence, the performance of the seller's obligations is suspended without the customer being entitled to any compensation. Delivery and performance deadlines are automatically extended for the duration of the force majeure event. 3. If the duration of a force majeure event exceeds sixty (60) consecutive days, either party may terminate the order or contract, without compensation, by notifying the other party in writing.
4. The buyer remains obligated to fulfill its payment obligations for products already delivered before the occurrence of the force majeure event.
5. The obligations related to Extended Producer Responsibility (EPR) remain applicable, insofar as they concern packaging already placed on the market, and the buyer must provide the information necessary for the tracking and recycling of the packaging concerned.
Unless otherwise specified in the order or for sales settled within the maximum timeframes defined by the Commercial Code, sales are payable 30 days end of month.
Payments will be made according to the payment method and due dates determined by the seller. The invoice is considered paid when the amount shown therein is credited to the seller's bank account. The aforementioned payment period may not, by express agreement between the parties, be delayed for any reason whatsoever. Claims made by the buyer may not, under any circumstances, postpone the payment due date for the order to which they relate. Unless otherwise expressly agreed, no discount will be granted for early payment.
In the event of late payment, penalties calculated at the European Central Bank's refinancing rate plus ten (10) points will be automatically due, without prior notice.
A fixed compensation of €40 for recovery costs will also be due in accordance with Article D.441-5 of the French Commercial Code.
When the recovery costs incurred exceed the amount of this fixed compensation, additional compensation may be claimed upon presentation of supporting documentation.
In the event of non-payment, the seller may also suspend current orders or deliveries and require payment in advance for all future orders.
The seller does not guarantee the compatibility of the products with the buyer's machines, packaging lines, or industrial equipment.
Before any use in industrial production, the buyer undertakes to carry out the necessary technical tests to verify the compatibility of the products with their equipment, manufacturing processes, and the characteristics of the packaged products.
The seller shall not be held liable for any consequences related to the absence of prior testing or to use not validated by the buyer.
The buyer is required to inspect the products upon receipt.
All claims must be made in writing:
• within a maximum of 48 hours for transport-related damage
• within a maximum of 8 days for any apparent defect or non-conformity
After these deadlines, the products will be deemed compliant.
Any use, processing, packaging, or production of the delivered products constitutes acknowledgment by the buyer of their conformity and final acceptance.
No claim relating to product conformity will be accepted after their use, processing, or integration into a production process.
We place great importance on customer satisfaction. Here are the conditions under which product returns are accepted:
- Customer order error: If the customer made an error when placing their order, we accept the return of the products provided they are in perfect condition and in their original packaging. The return shipping costs will be borne by the customer.
- Our company order preparation error: If we made an error when preparing the order, we accept the return of the products. In this case, the return shipping costs will be covered by us. We will proceed with an exchange or a refund according to the customer's preference.
- Products damaged during transport: If the merchandise has been damaged during transport, we accept returns. However, no claim can be processed without specific and detailed written reservations made in the presence of the delivery driver. It is imperative that the customer checks the condition of the products upon delivery and has any anomalies noted by the delivery driver.
For all return requests, business customers have 15 days from the date of receipt of the products to notify us of their intention to return the goods. Products must be returned in perfect condition and in their original packaging. For all return requests, please contact our customer service department at contact@c2pack.fr / 03 80 58 47 84, providing the order details and a description of the problem. We will then guide you through the return process.
• In the event of non-conformity observed and validated by the supplier, the latter may freely decide:
• a/ to replace the products
• b/ to take them back,
• c/ to issue a credit note or refund.
• The customer agrees to keep the products in their original condition and to make them available to the supplier for 7 days to allow for collection or inspection.
• Any destruction, use, or sale of non-conforming products without the prior written consent of the supplier will render the customer liable.
• In this case, the customer is subject to:
• The obligation to pay for their order, to refund their credit note, or not to receive a credit note.
• And full reimbursement of costs related to remanufacturing or replacement.
• The customer agrees to provide, at the supplier's request, a certificate of destruction confirming that the products have been destroyed in accordance with the supplier's instructions.
The products supplied by the seller are packaging intended to contain products.
The seller cannot be held responsible for the quality, preservation, or deterioration of products packaged by the customer, particularly due to:
• filling conditions
• storage conditions
• operating temperatures
• the customer's manufacturing process
The seller's liability is strictly limited to the pre-tax amount of the order in question.
The seller shall not be liable for indirect damages such as operating losses, production losses, commercial losses, destruction of goods, or product recalls.
This limitation does not apply to damages resulting from the seller's gross negligence or willful misconduct.
Studies, plans, models, prototypes, samples, technical documents, and all other elements developed by the seller remain its exclusive property.
They may not be reproduced, communicated to third parties, exploited, or used, even partially, without the seller's prior written authorization.
Any violation of this provision may result in legal action.
Unless otherwise agreed in writing, the tooling, molds, forms, dies, and equipment necessary for manufacturing the products remain the exclusive property of the seller, even when the customer has contributed financially to their purchase.
Normal wear and tear of this tooling, related to its use, shall not render the seller liable.
Their replacement, maintenance, or adaptation may be subject to additional charges.
In the event of a dispute relating to the application or interpretation of these terms and conditions, the competent courts within the jurisdiction of the seller's registered office shall have sole jurisdiction, even in the case of multiple defendants or third-party claims.
If any provision of these general terms and conditions of sale is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
1. The seller and the buyer acknowledge that the professional packaging supplied is subject to the Extended Producer Responsibility (EPR) scheme, in accordance with applicable French and European regulations relating to Extended Producer Responsibility (EPR).
2. The buyer agrees to cooperate with the seller in monitoring the volumes of packaging placed on the market and to provide the necessary information for recovery and recycling.
3. Any returned, non-compliant, or destroyed packaging must be handled through approved channels, and the buyer agrees to provide proof of processing or destruction.
4. The seller cannot be held liable in the event of non-compliance in the processing or recovery of packaging by the customer.
The packaging supplied by the seller is designed in accordance with the regulations applicable to materials intended for food contact, within the limits of the conditions of use communicated by the customer.
It is the customer's responsibility to verify the suitability of the ordered products for the intended use, in particular with regard to:
• the type of food being packaged,
• the operating temperatures,
• the storage conditions,
• the filling or cooking process.
The seller cannot be held liable for use that does not conform to the technical specifications provided.