GENERAL CONDITIONS OF SALE
1: These general conditions of sale constitute the regime under which the Company C2PACK SàRL registered with the RCS Dijon B 483 303 376, hereinafter referred to as "the seller" subordinates its sales.
2: These general conditions apply to all contracts for the sale of products and services concluded and/or performed by the company, in France and abroad. The parties agree that their relations will be exclusively governed by these presents. Any modification of the general conditions desired by the customer must be the subject of a written request on his part and must also be accepted by the company in writing in order to be binding on him. In the event of a conflict between these general conditions and the special conditions on the order form or any other document accepted by both parties, the special conditions will take precedence.
3: Any order made by the buyer is valid only after confirmation from the seller materialized by the sending to the buyer of a document of acceptance from the seller, it being however specified that the delivery of the order by the seller worth confirming. The benefit of the order is personal to the buyer and cannot be transferred without the seller's agreement.
4: The seller reserves the right, until confirmation of order by itself, in particular taking into account market fluctuations, without notice or compensation for the benefit of the buyer, the right to make any modification concerning its products, prices or conditions both with regard to these general conditions of sales than the special conditions adopted for the sale transaction.
It is recalled on this subject that the information given in the catalogues, prospectuses, notices, scales and prices, and more generally documents presenting and promoting the seller's products or information given by the seller, whatever the form, are given for information only and do not bind the seller as long as the latter has not accepted the order under the conditions defined above.
By express agreement between the parties, no order accepted by the seller cannot be canceled or modified in whole or in part by the buyer during performance.
5: Delivery times and/or delivery are given as an indication, any overrun of these deadlines cannot give rise to the benefit of the buyer to damages, deductions or cancellation of the order. It is also recalled that force majeure or fortuitous event releases at its discretion – temporarily or definitively – the seller from any commitment. The following are particularly considered as such: war, riot, fire, strikes, accidents, the impossibility for himself to be supplied. The seller must inform the buyer in this respect.
6: All products delivered to the customer in execution of the contract remain the property of the company until full payment of their price. The risks (loss, theft, deterioration, etc.) relating to the said products are however transferred to the customer upon delivery, as well as the obligation to repair any damage they may cause to property and persons.
7: Our goods are delivered postage free from 500.00 Euros excluding tax. Any delivery below this amount will result in the invoicing of postage at the actual cost.
Concerning sales abroad, postage will be charged at actual cost, plus customs fees for countries outside the EC.
8: Unless specified special conditions , WEB orders are to be paid by e-transaction, PAYPAL or bank transfer to confirm the departure of the goods, provided that the items are in stock. The invoice is considered paid when the amount shown therein is credited to the seller's bank account. Complaints made by the buyer are in no way likely to postpone the due date for payment of the order to which they relate. Unless special conditions are expressly agreed, no discount is granted in the event of early payment.
9: In the event of late payment or collection of all or part of the price, late payment interest equal to the interest rate of the European Central Bank at its most recent refinancing operation ("Refi" rate) plus 10 percentage points will be due on the all unpaid sums upon the occurrence of the due date and without prior formal notice being necessary for this.
It being specified that from 2013, the Réfi rate to be applied during the first half of the year will be that in force on January 1 of the year in question and the rate to be applied during the second semester will be that in force on July 1 of the year in question.
Any late payment also automatically entails , without the need for formal notice: the payment of all of the debts of the company, even not due, as well as the right for the company to suspend all deliveries and all work in progress until complete payment and the possibility for the company to demand full payment with the order for future business.
Any company that does not pay an invoice on time must pay a lump sum compensation for recovery costs. The decree of 02/10/12 inserts an article D.441-5 in the Commercial Code, setting the amount of the lump sum compensation at €40.00.
Thus, in addition to the late payment penalties currently provided for by the law, any professional in a situation of late payment will be automatically debtor, with regard to the creditor, of this lump sum compensation for recovery costs. However, article L.441-6 specifies that when the recovery costs incurred exceed the amount of this fixed compensation, the creditor may request additional compensation, on justification.
10 : By express agreement, failure to pay on the due date will automatically result in the payment of a late payment penalty equal to 15% per annum on the sums remaining due.
11: In the event of a dispute as to the application, or the interpretation of the present, the Courts of the Head Office of the company C2PACK will have sole jurisdiction.