Conditions Générales de vente – PAPETERIE DU POITOU

1. Application of the general terms and conditions of sale – Enforceability of the general terms and conditions of sale (GTC):

These general terms and conditions of sale are systematically sent or given to each buyer to enable them to place an order. By placing an order, the buyer fully and unreservedly agrees to these GTC. No special conditions may prevail over the GTC unless formally accepted in writing by the seller.

2. Changes to the Terms and Conditions:

Any order received from the buyer shall only be considered definitively accepted by the seller after written confirmation. The seller shall only be bound by orders taken by its representatives or employees subject to written and signed confirmation.

Purchase orders bearing the buyer's name but not bearing the name of a manager or signature are nevertheless considered valid.

3. Order modification:

Any modification or cancellation of all or part of an order requested by the buyer can only be taken into consideration if it is received in writing before the order is executed or if the materials have not yet been ordered. If the seller does not accept the modification or cancellation, any deposits paid can only be refunded in the form of goods.

4. Delivery

4.1 Terms and conditions:
Delivery is made either by direct delivery of the product to the purchaser, by simple notice of availability, or by delivery to a shipper or carrier at the seller's premises. The seller reserves the right to choose the carrier and the means of transport. If the customer decides otherwise, the additional costs shall be borne by the customer. Deliveries to a third party are carried out under the sole responsibility of the purchaser.

4.2 Deadlines
Deliveries are made only according to availability and in the order in which orders are received. The seller is authorised to make full or partial deliveries. Delivery times are indicated as accurately as possible but depend on the seller's supply and transport capabilities. Exceeding delivery times shall not give rise to damages, withholding or cancellation of current orders. However, if 30 days after the indicative delivery date the product has not been delivered, for any reason other than force majeure (war, fire, strikes, accident, riot, inability to obtain supplies of raw materials, other supplies, power failure, machine failure), the sale may, in the absence of agreement between the parties, be terminated at the request of either party by registered letter with acknowledgement of receipt; the purchaser may obtain a refund of their deposit, to the exclusion of any other compensation or damages. The seller shall keep the buyer informed, in a timely manner, of the cases and events listed above. In any event, delivery within the agreed time frame can only take place if the buyer is up to date with its obligations to the seller, regardless of the cause. Products are delivered carriage paid or cash on delivery to the agreed location. In all cases, they are transported at the recipient's risk, who is responsible for making all necessary observations in the event of damage or missing items and confirming their reservations by extrajudicial document or by registered letter with acknowledgement of receipt to the carrier within 3 days of receipt of the goods. Check the condition of the goods delivered and make any reservations on the carrier's delivery note. (Articles 100 and 105 of the Commercial Code)

5. Reception:

In addition to the measures to be taken with regard to the carrier, complaints about apparent defects or non-conformity of the product delivered with the product ordered or the delivery note must be made in writing within 8 days of the arrival of the products.

It shall be the buyer's responsibility to provide all facilities necessary to ascertain these defects and to remedy them. The buyer shall refrain from intervening himself or involving a third party for this purpose.

6. Returns of unsold items:

No orders accompanied by a request for return of unsold items will be accepted.

No unsold items will be accepted for return after delivery.

7. Returns:

No claims regarding the quality of a product will be accepted more than 6 months after delivery.

7.1 Scope
Any product return must be formally agreed between the buyer and seller. Any product returned without this agreement will be refused. The costs and risks of return are borne by the purchaser.

Any return accepted by the seller will result in a credit note being issued to the purchaser after the quality and quantity of the returned products have been verified. Returns that do not comply with the above procedure will be considered lost to the purchaser.

8. Warranty:

The products are guaranteed against any material or manufacturing defects for a period of 6 months, provided that they are stored in a dry and temperate place.

Repairs carried out under the warranty do not extend the warranty period. There is no warranty certificate. Under this warranty, the seller's sole obligation shall be to replace or repair the product recognised as defective free of charge.

9. Price:

The products are supplied at the net price excluding tax in euros and under the conditions in force at the time of the order. Any tax, duty or other charge payable under French regulations or those of an importing country or transit country shall be borne by the purchaser.

Any order under €700 will be subject to a surcharge.

10. Invoicing:

An invoice is issued for each delivery based on the delivery note.

11. Complaints:

All complaints following delivery must be notified to us in writing within 48 hours. These complaints will only be valid if the reservations have been made in accordance with the rules to the delivery person upon presentation of the goods. (See Articles 100 and 105 of the Commercial Code).

12. Payment:

12.1 Terms and conditions
Under the law of 4 August 2008, known as the Business Modernisation Act, payment of our invoices is due 30 days net from the end of the month and must not exceed 60 days from the date of issue of the invoice or 45 days from the end of the month. Only the date of dispatch of the goods is taken into account when calculating payment terms.

In the event of cash payment within 8 days of receipt of the invoice, a 1% discount will be granted. In the event of advance payment by the customer, the latter will benefit from a 1% discount per full month on the total amount.

12.2 Late payment
Any amount not paid by its due date shall incur a late payment penalty equal to three times the legal interest rate per month of delay. In the event of late payment, pursuant to the law of 22 March 2012 and the Decree of 2 October 2012, Articles L.441-3, L.441-6 and D.441-5 of the French Commercial Code, the customer shall be automatically liable for a fixed compensation fee of €40 for recovery costs. In the event of exceeding this amount, additional compensation may be requested upon presentation of supporting documents. These penalties are payable upon simple request by the seller.

In the event of non-payment, 48 hours after formal notice has remained unsuccessful, the sale will be terminated automatically if the seller sees fit, who may request, in summary proceedings, the return of the products, without prejudice to any other damages. The termination shall apply not only to the order in question but also to all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due. In the event of payment by commercial paper, failure to return the paper shall be considered a refusal of acceptance equivalent to a failure to pay. The buyer shall reimburse all costs incurred in the recovery of the sums due, including the fees of court officials. Under no circumstances may payments be suspended or subject to any compensation without the prior written consent of the seller. Any partial payment shall first be applied to the non-preferential part of the debt, then to the sums that are the oldest in terms of their due date.

12.3 Guarantee or settlement requirements
The seller reserves the right, at any time, depending on the risks involved, to set a ceiling on each buyer's overdraft and to require certain payment terms or certain guarantees.

13. Transfer of risks:

The transfer of risk for the goods, even in the case of agreed carriage paid sales, takes place upon dispatch from the seller's warehouses.

The goods therefore travel at the buyer's risk, and in the event of damage, loss or missing items, it is the buyer's responsibility to make any reservations or exercise any recourse against the carriers responsible.

14. Retention of title:

The seller retains ownership of the goods sold until full payment of the principal and ancillary costs has been received; these provisions do not prevent the transfer of risks to the buyer as provided for above.

15. Intellectual property:

The reproduction rights for computer files, images, photos, logos or designs created or used by PAPETERIE DU POITOU remain its property and no transfer may be made unless the creative activity was specified in the order. By placing an order for the reproduction(s) mentioned above, the purchaser tacitly acknowledges the existence of a reproduction right for their own use and must indemnify the seller against any dispute that may arise in relation to this reproduction right. The same applies to image rights.

16. Dispute resolution:

Any dispute relating to this sale, even in the event of a warranty claim or multiple defendants, shall, in the absence of an amicable agreement, fall under the exclusive jurisdiction of the Commercial Court of Poitiers.

17. Product quality and traceability:

As a manufacturer, we are responsible for the traceability of our sales units. However, it is our customers' responsibility to ensure continuity of traceability at their own sales unit level.