General conditions of sale ecopra.
I. – SCOPE OF APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale apply automatically to all sales of the products, the details of which appear in APPENDIX I.
The sale is deemed concluded on the date of acceptance of the order by the Seller.
These conditions of sale are submitted to the Buyer-Distributor-Reseller upon signing of the distribution contract.
Any order implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Seller.
II. – ORDER
Any order, to be taken into account, must be placed in writing or communicated by fax or email to the Seller located at Moulin du Barsac – 63 220 DORE L’EGLISE.
Acceptance of the order by the Seller results from the establishment and sending of the invoice.
Any order may be cancelled by the Buyer-distributor-reseller or modified in its content in writing until the products are shipped from their factory to the place of delivery.
From this date, all orders are deemed firm and final.
III. – DELIVERY
Unless express special conditions specific to the sale apply, delivery will be made to the Buyer-distributor’s main store, within eight (8) days of receipt by the Seller of a proper order.
The risks of the good(s) ordered are borne by the Buyer-distributor-reseller from the said delivery.
The delivery time is given for information purposes only and without guarantee provided that the Seller is in good faith and certifies, with supporting evidence, that the product(s) has/have been sent within the time limit.
Exceeding this deadline cannot give rise to any deduction or compensation.
The indicated deadline is also automatically suspended by any event beyond the control of the Seller and resulting in a delay in delivery.
In any event, delivery within the deadline can only take place if the Buyer-distributor-reseller is up to date with all of its obligations towards the Seller.
The costs and risks associated with the delivery of the products are the exclusive responsibility of the Seller.
From the time of delivery, the risks of the products are transferred to the Buyer-distributor-reseller.
IV. – RECEIPT OF PRODUCTS
The Buyer-distributor-reseller must check upon receipt the conformity of the products delivered to the products ordered and the absence of any apparent defect.
If no claim or reservation is made in this regard by the Buyer-distributor-reseller on the day of receipt of the products, said products may no longer be returned or exchanged, in application of the provisions of article 1642 of the Civil Code.
In the event of an apparent defect or non-conformity of the products delivered to the products ordered noted by the Buyer-distributor on the day of receipt, the Seller undertakes to replace the products delivered with new products identical to the order.
The costs incurred by the recovery and delivery of new products are the exclusive responsibility of the Seller.
The Buyer-distributor-reseller will assume the costs and risks of transporting the products sold, after their delivery.
V. – PRICE
1 – Price
Unless express special conditions specific to the sale apply, the prices of the products sold are those listed in ANNEX I of the distribution contract. These prices are, on this date, firm and final. They are expressed in euros and stipulated excluding taxes, delivery costs and packaging in addition.
These prices may change. In this case, they will be the subject of an amendment to the distribution contract.
The applicable price will be that in effect on the day the order is placed.
2 – Payment terms
Unless otherwise expressly provided for in the special conditions, the sale price is payable in cash by any means upon receipt of the invoice by the Buyer-distributor and prior to the departure of the goods unless otherwise specifically agreed by the parties.
Under no circumstances may payments due to the Seller be suspended or subject to any reduction or compensation without the written consent of the Seller.
In the absence of prior payment, the goods will not be sent. If the parties have agreed otherwise and in the absence of payment, penalties equal to three times the legal interest rate in force on the date of the order will be applied from the first day of delay.
Late payment penalties are payable without the need for a reminder or formal notice.
In application of article D.441-5 of the French Commercial Code, in the event of late payment, the debtor will automatically be liable to his creditor, in addition to the late payment penalties already provided for by law, for a fixed compensation for recovery costs of 40 euros.
Any payment made to the Seller shall be applied to the amounts due regardless of the cause, starting with those which are due the oldest.
In the absence of any payment of the price on its due date for cases where the parties have decided to disregard the advance payment of the goods before delivery, the Seller may automatically terminate the sale, eight (8) days after formal notice has remained without effect, without prejudice to any damages that may be claimed by the Seller.
3 – Billing
The Seller will establish, upon receipt of the order, an invoice in duplicate, one of which will be delivered the same day to the Buyer-distributor for payment of the price.
The invoice will mention the information referred to in Article L. 441-3 of the French Commercial Code.
VI. – RESERVATION OF OWNERSHIP
The products are sold subject to retention of title.
The Seller retains ownership of the products until full and effective payment of the price by the Buyer.
In the event of non-payment on the due date, the Seller may claim the products and terminate the sale, as specified above.
Checks and bills of exchange are only considered payments once they have been actually collected.
Until this date, the retention of title clause remains in full force and effect.
These provisions do not prevent the transfer, upon delivery, of the risks of the products sold.
The Buyer-distributor undertakes until full payment of the price, under penalty of immediate reclaiming of the products by the Seller, not to transform or incorporate said products, nor to resell them or pledge them.
VII. – WARRANTY
The products sold are covered by the legal guarantee against hidden defects, within the meaning of article 1641 of the Civil Code.
VIII. – APPLICABLE LAW AND COMPETENT JURISDICTION
These general conditions of sale will be governed by French law.
Any dispute relating to the interpretation and execution of product sales will be under the exclusive jurisdiction of the territorially competent commercial court.
The Seller elects domicile at DORE L’EGLISE (63 220), Moulin du Barsac.
ECOPRA© – SAS MANUFACTURER
MOULIN DU BARSAC 63220 DORE L’EGLISEcontact.ecopra@gmail.com & administration@ecopra.com
Landline phone number:+33 4 73 72 38 80
