These General Terms and Conditions of Sale (hereinafter "GTC") apply to all orders for products delivered and invoiced to customers established in metropolitan France of the company escourou,
The present GTC constitute the unique base of the commercial negotiation under the terms of the article L 441-1 of the commercial code and are at the disposal of our customers, to allow them to place order.
Thus, in the absence of any express written agreement between the parties on conditions that derogate from them, these GTC shall prevail over any clauses or conditions to the contrary.
The fact that we do not avail ourselves, at a given time, of any of the present conditions cannot be interpreted as a waiver of our right to avail ourselves of them later.
The present GTC cancel and replace those previously published. They may be modified at any time by the company, without prior notice, it being understood that such modifications will not apply to orders previously accepted by the latter.
We reserve the right to refuse, reduce or split any order that is abnormal in terms of quantity, in particular in order to limit the amount of stock.
3. TERMS OF DELIVERY
Our deliveries are made as and when we are able. The delivery time is agreed with the customer at the time of the order.
The agreed delivery times are necessarily expressed in working days.
The delivery times are given as an indication.
The following are considered as cases of force majeure exonerating our responsibility: wars, riots, fires, terrorist acts, strikes, blockades or other labor disputes, and any other unforeseeable and insurmountable event, making impossible the preparation, storage, delivery of products or the normal execution of the sale.
Our goods are delivered, generally by us, to the customer's warehouse, restaurant, farm or store, unless otherwise agreed with the customer. Unless otherwise agreed with the customer, they cannot be delivered to cellars or other places that are difficult to access.
The customer undertakes to inform us in advance of the security protocol established by him.
The products are delivered on "Europe" type pallets, rolls or any other delivery material. At the time of delivery of the products, the pallets are the object of an exchange number for number with equivalent quality (in good condition, i.e. dry, clean and not polluted), with the exception of the rolls and other delivery materials of which each unit delivered is to be restored to us. Any reservation on the quantity and/or quality of the returned delivery material must be mentioned on the delivery note. In case of non restitution of the delivery material in quantity and/or in quality in the above mentioned conditions, we reserve ourselves consequently the right to invoice the customer at the rate of 15€ the pallet and 150€ the roll.
3.2 Transfer of risk
The transfer of risks occurs at delivery. In case of carriage paid supply, the delivery is considered to take place when the products are made available to the customer when the unloading of the products is carried out by the customer and when the products are completely unloaded when it is carried out by us. In case of carriage paid supply, the delivery takes place when the products are made available to the customer on our shipping platform.
In the event of a delivery with postage due, the customer shall guarantee our company against any recourse taken against our company, under Article L. 132-8 of the Commercial Code, by the service provider chartered by him or by a subcontractor.
3.3 Reservations on delivery - complaints
The verification of the delivered products must be done at the time of delivery in the presence of our driver or our carrier.
For frozen products, it is recommended to the customer to take the temperature of the products.
A paper delivery note or any other dematerialized medium is established and given to the customer when the delivery is made by us or a transport document (consignment note or delivery receipt) when our goods are entrusted to a public carrier.
The delivery note or transport document is signed by the customer and expressly mentions any reservation noted by him and relating in particular to the packaging, the weight, the packing, the quality and the quantity of the products.
Reservations or claims on apparent defects or non-conformity of the delivered product to the ordered product or to the delivery order, accompanied by the necessary supporting documents, must be confirmed to us, by registered letter with acknowledgement of receipt, within a maximum of three (3) days following the date of receipt of the goods, in accordance with the provisions of article L 133-3 of the French Commercial Code.
The processing, transformation or change of packaging of the delivered goods by the customer shall constitute a waiver of recourse against us for any reason whatsoever.
In case of non-conformity, our guarantee is limited to the replacement of the goods recognized as defective, to the exclusion of any other compensation.
4. PRICE - BILLING
Our products are invoiced on the basis of the tariff in force at the time of delivery.
The provisions of the "EGALIM" law are recalled here, which expects suppliers and their customers to take into account agricultural and production indicators in their discussions on price, as soon as these are available and applicable.
Our invoices are payable on the due date mentioned on the invoice, which never exceeds the maximum payment terms provided for by Article L 441-11 of the Commercial Code, i.e. :
- 20 days delivery date for fresh meat and derived products,
- 30 days end of delivery decade, for the other products.
Our company does not grant any discount.
Failure to pay a single invoice on the due date shall render all our claims immediately payable, even those not yet due. In addition, we may refuse to satisfy any new order or any order in progress, without prejudice to any other course of action.
In accordance with articles L 441-10 and D 441-5 of the Commercial Code, any delay in payment automatically entails :
- the payment by the customer of a penalty equal to the rate practiced by the European Central Bank (ECB) for its last refinancing operation, increased by 10 points, without prejudice to all other costs if we were forced to ask for the settlement in justice.
- an obligation for the debtor to pay a fixed indemnity of 40 € for collection costs. An additional indemnity may be claimed, upon justification, when the collection costs incurred are higher than the amount of the fixed indemnity.
In the event of a financial situation of the customer that may jeopardize the collection of our claim, or in the event of a first order from a new customer, we may demand cash payment of the order upon delivery or require securities. In addition, we can also demand cash payment if the customer is subject to insolvency proceedings and the insolvency administrator has requested the continuation of the current contracts.
6. RETENTION OF TITLE
WE RESERVE THE OWNERSHIP OF THE ORDERED, DELIVERED AND INVOICED GOODS UNTIL FULL PAYMENT OF THE PRICE.
However, the risk of theft, loss or damage to the goods, as well as any damage they may cause, shall be borne by the customer as soon as the goods are placed at his disposal.
In case of reclamation, the recovered goods shall be deemed to be the last invoiced and shall therefore be taken back up to the amount of the unpaid invoices.
7. PERSONAL DATA-CONFIDENTIALITY-BUSINESS SECRETS
In accordance with the regulations in force, we inform you that we and/or our subcontractors collect personal data of your employees (name, first name, sex, function, professional telephone and email), for the purpose of sales and delivery of products; they are processed, computerized, kept in a confidential manner and duly secured, for the entire duration of our commercial relationship and, after its termination, for a period of time in accordance with the regulations in force. Only your commercial contacts, the authorized members of our Information Systems Department and our possible subcontractors will be able to access it, for strictly limited purposes. In addition to the complaints you may make to the CNIL, you can access your information, rectify, delete, request portability, oppose or limit their treatment by sending an e-mail to: maison@escourrou,com.
All information and data exchanged with our customers during the negotiation or execution of the commercial relationship are confidential and may not be communicated to third parties, under the terms of business secrecy resulting from Articles L. 151-3 et seq. of the Commercial Code, without the prior written authorization of the other party.
The legal statute of limitations applies to all actions except for a) actions for collection of unpaid invoices by the customer, which are barred by a 10-year statute of limitations, and b) actions for claiming discounts and rebates, which are barred by a 1-year statute of limitations as of the date of invoicing of the products. In the event of a dispute arising from the application of these terms and conditions, and in the absence of an amicable agreement, only the Commercial Court of the place where the establishment issuing the invoice in question is located shall have jurisdiction.