GENERAL TERMS AND CONDITIONS OF SALE
FROM M.C.M. EMBALLAGES
Article 1 : Scope of application
In accordance with Article L. 441-1 of the French Commercial Code, these general terms and conditions of sale constitute the sole basis of the commercial relationship between the parties. They apply, without restriction or reservation, to all contracts entered into by M.C.M EMBALLAGES (the "Seller") with professionals and consumers (the "Client "), wishing to acquire the products offered by the Seller (the " Products "). In particular, they specify the conditions for placing an order, payment, and handing over or delivering the Products. These General Terms and Conditions apply to the exclusion of all other conditions, and in particular those applicable to other channels of marketing of the Products or on the Internet. These General Terms and Conditions are systematically communicated to any Client prior to placing an order and will prevail, if necessary, over any other version or any other contradictory document. The Client declares that he/she has read these General Terms and Conditions and has accepted them before placing his/her order. As these General Terms and Conditions may be subject to subsequent amendments, the version applicable to the contract is the one in force on the date the order is placed. The validation of the order by the Client constitutes acceptance without restriction or reservation of these Conditions.
Article 2 : Offer – order – contract
2.1. Nature of the offer
Information in catalogues, prospectuses, circulars, advertisements, representations, price lists, etc. regarding weight, dimensions, capacity, price, performance, etc. are only contracted when expressly referred to, in writing, in the offer and/or order confirmation.
Equipment or services not included in the offers may be the subject of additional quotes on request.
2.2 Studies and documents annexed to tenders
The documents, plans and drawings attached to the tenders are provided for information purposes only. The Seller may modify these until receipt of the order and even afterwards, under the sole condition of compliance with the needs formulated by the Client in his order. The plans and layout diagrams attached to the offers are only draft solutions and are not binding on the Seller.
2.3 Formation of the contract
The contract is only definitively concluded after receipt of the quotation / offer / purchase order signed by the Client and validated by the Seller, as well as the receipt of any deposit, if this is provided.
Any changes requested by the Client may only be taken into account within the limits of the Seller's possibilities and at its sole discretion. In the event of an agreement on the modifications, the parties shall draw up a purchase order/offer/modification estimate, with any adjustment of the price.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
2.4 Cancellation of the order in execution
The order irrevocably expresses the Customer's consent.
Apart from the possibility of a right of withdrawal, provided for by law, any request to cancel the order is subject to the express agreement of the Seller.
In the event of cancellation of the order by the Client, after its acceptance by the Seller, for any reason whatsoever, except force majeure, the sum corresponding to 30% of the total order, will be automatically acquired by the Seller and cannot give rise to any refund.
2.5. Right of withdrawal
The Professional Client has a withdrawal period of FOURTEEN (14) days, from the receipt of the goods, only if the three cumulative conditions are met :
- the contract is concluded off-premises ;
- the subject matter of the contract does not fall within the Client's main field of activity;
- the number of employees of the Client is less than or equal to 5.
The Client exercises his right of withdrawal by informing the Seller of his decision to withdraw, before the expiry of the aforementioned period of fourteen days, by sending an unambiguous statement expressing his desire to withdraw. In the event of withdrawal after receipt of the Products, the Client shall return or return the Products to the Seller, or to a person designated by the latter, no later than fourteen days following the communication of its decision to withdraw in accordance with the above-mentioned stipulations.
The right of withdrawal does not apply to contracts :
- The provision of services that have been fully performed before the end of the withdrawal period and the performance of which has commenced after the Client's prior express consent and express waiver of his right of withdrawal;
- Supply of goods made according to the Client's specifications or clearly personalized;
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
- Maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency.
According to Article L.221-18 of the French Consumer Code, the Customer has a period of FOURTEEN (14) days to exercise his right of withdrawal if the contract is concluded following telephone or off-premises canvassing, without having to justify his decision or bear any costs other than those provided for in Articles L.221-23 to L.221-25.
The withdrawal period runs from the day of receipt of the goods by the consumer or a third party, other than the carrier, designated by him. For off-premises contracts, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for goods consisting of multiple lots or pieces whose delivery is spread over a defined period, the period runs from the receipt of the last good or lot or the last piece. In the case of contracts for the regular delivery of goods for a defined period of time, the period runs from the date of receipt of the first goods.
The Client exercises his/her right of withdrawal by sending the withdrawal form, attached hereto, or any other unambiguous statement expressing his/her desire to withdraw.
The right of withdrawal is excluded in the cases provided for in Article L. 221-28 of the Consumer Code and in particular in the case of the supply of goods made according to the consumer's specifications or clearly personalized
According to Article L.224-59 of the French Consumer Code, THE CUSTOMER DOES NOT HAVE A RIGHT OF WITHDRAWAL FOR A PURCHASE MADE AT A FAIR OR EXHIBITION.
Article 3 : Rates and Promotions
The Products are sold at the prices in force within the Seller's company, on the day of acceptance of the order by the Client, according to the quotation / commercial proposal / offer / purchase order accepted by the Client.
Prices are expressed in Euros, excluding VAT and including VAT.
The prices are firm and non-revisable during their period of validity, i.e. for ONE (1) month from the publication of the quotation / commercial proposal / offer.
Unless otherwise stipulated in the quotation/offer/commercial proposal/purchase order, the pricing basis is as follows :
- the price of the Products, excluding pallets and dividers (the exact cost of which will be communicated to the Client);
- the price of standard industrial packaging or cardboard boxing;
-€2.50 excl. VAT corresponding to the various costs of administrative management, packaging, recycling, waste treatment, these costs being charged to each invoice issued ;
- shipping, transport, delivery and, if necessary, installation costs.
These fees are calculated prior to placing the order. The payment requested from the Client corresponds to the total amount of the sale, including the aforementioned costs.
The price may also be subject to revision in the event of a change in the terms of performance of the contract.
Any change in the price must be expressly accepted by both parties and must be the subject of a written amendment.
Euro pallets are returnable.
They will be invoiced in addition to the price and are taken back directly by the carrier, when the delivery is provided by the Seller. The deposits will be deducted, in the form of a credit note on the return of the carrier's CMR (consignment note).
When delivery is made by the Customer, the Customer must return the pallets in good condition.
In case of non-return of pallets or return of broken or unusable pallets, their price will be charged to the Customer.
The promotions, gifts and promotional codes offered online are, unless specifically indicated otherwise, cannot be combined, 1 promo code or gift per name and per tax household. Some discounts/promotions/giveaways apply automatically. In other cases, it is the customer's responsibility to insert their Motion Code in the box provided for this purpose, otherwise the offer will not be applied.
Article 4 : Terms of payment
Any amount due by the Client, whether in advance or in the balance, shall bear interest at the legal rate, in the event that the Client fails to comply with the terms of payment, set out below.
Upon receipt of the quotation / offer / commercial proposal / purchase order signed by the Client :
- In the event of delivery by the Seller :
A deposit of 30% of the amount of the order, including delivery costs, is required when the order is placed by the Customer. The balance of 70% is to be paid on the day of delivery.
Transport rates France (excluding island area and Dom-Tom) and Belgium:
Turnover excl. Transport cost
Up to 2500€ excl. VAT Total cost to be paid by the customer
2501 to 3000€ excl. VAT Flat rate of 150€ excl. VAT
3001 to 3500€ excl. VAT Flat rate of 200€ excl. VAT
3501 to 4000€ excl. VAT Flat rate of 250€ excl. VAT
4001 to 5000€ excl. VAT Flat rate of 300€ excl. VAT
Transport rates Alsace
Bas-Rhin: Free at €600 excl. VAT
Haut-Rhin: Free at 1200€ excl. VAT
Transport Rates Italy
Turnover excl. Transport cost
Up to 3000€ excl. VAT Total cost to be paid by the customer
3001 to 3500€ excl. VAT Flat rate of 200€ excl. VAT
3501 to 4000€ excl. VAT Flat rate of 250€ excl. VAT
4001 to 5000€ excl. VAT Flat rate of 350€ excl. VAT
Transport rates France Insular area, Dom-Tom, Europe and World:
quotation on quotation.
When delivery is provided by the Seller, the Client will have to pay the tailgate fee of €25 excluding VAT.
It is the Customer's responsibility to specify whether the use of a tailgate or other specific tool is necessary when unloading the goods.
In the absence of communication of the above-mentioned elements, the Seller will re-invoice the Client for any additional services, according to the invoicing made by the carrier.
- In the event of an order without delivery provided by the Seller :
A deposit of 30% of the amount of the order, including VAT, is to be paid when the order is placed by the Customer. The balance of 70% is to be paid to the Seller, when the Products are made available in the Seller's branches.
Any delay in the payment of the deposit will result in a postponement of the delivery time.
Any deposit received at the time of the order is definitively acquired by the Seller, except in the event of culpable failure on its part in the performance of its commitments.
The Client must make the payment within a period stipulated in the quotation / offer / commercial proposal / purchase order, and failing this no later than THIRTY (30) days, from the issuance of the invoice by the Seller.
Special pricing conditions may be applied according to the specificities requested by the Client concerning, in particular, the terms and conditions of delivery, or the terms and conditions of payment. A specific written commercial offer will then be sent to the Client by the Seller.
Payments made by the Client will only be considered final after the Seller has actually collected the sums due.
Regardless of the method of payment stipulated, any failure to pay by the due date set on the invoice or any failure to pay the sums due in accordance with the terms and conditions set out above, shall result in the immediate and automatic payment of all sums due.
Late payment interest will be applied to the total amount remaining due by the Client, FIVE (5) DAYS after sending a formal notice, by registered letter with acknowledgement of receipt or on any other durable written medium allowing the proof of posting, which has remained unsuccessful, to be spared. This interest will be equal to three times the legal interest rate in force.
In the event of non-compliance with the payment terms referred to above, the Seller reserves the right to suspend or cancel the delivery of current orders by the Client, to reduce or cancel any discounts granted to the latter, as well as to terminate the contract at the sole fault of the Client.
The Seller reserves the right to require the Client to provide any guarantee of payment that it deems useful, in order to ensure full payment of the agreed price.
Finally, if the client is the professional, a lump sum indemnity for collection costs, in the amount of FORTY (€40) EUROS per unpaid invoice will be due, by operation of law and without prior notification, in the event of late payment.
The Seller reserves the right to seek additional compensation from the Client for costs incurred, such as attorneys' fees, costs of a collection agency, costs of a ministerial official.
The Seller reserves the right to set off the sums due to the Client and the sums owed by the Client, within the framework of a current account.
Article 5 : Delivery of Products
5.1 In the event of delivery by the Seller
The Products acquired by the Client will be delivered within a period indicated in the quotation/offer/purchase order accepted by the Client, or within the deadlines agreed between the parties, to the address indicated by the Client when placing the order. In the absence of specification, the Products will be delivered within a reasonable time.
Unless otherwise agreed, the delivery period runs from the later of the following dates :
The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the deadlines indicated above.
This period does not constitute a strict period and the Seller cannot be held liable to the Client in the event of late delivery.
Under no circumstances may the Seller be held liable in the event of delay or suspension of delivery attributable to the Client or in the event of force majeure, as specified in a non-exhaustive manner in the article "Force majeure " hereof.
Any risk of loss or damage to the Products passes to the Client at the time the Client or a third party designated by the Client, other than the carrier proposed by the Seller, takes physical possession of the Products.
5.2 In the event of delivery by the Client
When the Client has undertaken to use a carrier of his own choosing, the delivery is deemed to have been made when the Products ordered by the Seller are handed over to the carrier as soon as he has handed over the Products sold to the carrier who has accepted them without reservation.
5.3 Refusal to take possession / delivery of goods
The Seller shall invoice the Client for the storage costs of the manufactured and uncollected goods, up to 1% per month of the market price, in the event that :
- the Client does not confirm the date proposed by the Seller for the delivery of the goods, when the delivery is carried out by the Seller ;
- the Client does not confirm the date of collection of the goods by its carrier, when the delivery is carried out by the Client.
Storage fees are payable at the end of a period of SEVEN (7) days from the date on which the Seller informs the Client of either the expected delivery date or the date of availability of the goods (where delivery is provided by the Customer).
The Seller cannot be held liable in the event of deterioration or disorder affecting the goods during the storage period.
The costs relating to the packaging of the goods will be borne by the Client.
5.4 Customer's Examination of the Products
The Client is responsible for checking the condition of the Products delivered.
It is reminded that pursuant to Article 1642 of the Civil Code, the Seller is not liable for apparent defects of which the Client has been able to convince himself.
Any complaint relating to the quantity delivered and the condition of the Products delivered must be made to the carrier and the Seller, upon receipt of the Products.
The Client has a period of THREE (3) days from the delivery of the Products to formulate, by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of shipment to be provided, any reservations or claims for non-conformity or apparent defect of the Products delivered (for example : damaged package, already opened...), with all the relevant supporting documents (photos in particular).
After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free of any apparent defect and no claim can be validly accepted by the Seller.
It is specified that the use of a formula " subject to unpacking ", when signing the report of receipt of the Products, has no legal value.
The Seller shall replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity has been duly proven by the Buyer and in the event of compliance with the terms and conditions set out above.
5.5. Further details on delivery terms
The weights, dimensions and capacities of our items are subject to the tolerances of use, unless there is a specific requirement and are deemed to have been made according to the specifications provided by the customer.
Quantities delivered may not be strictly in accordance with the quantities ordered and vary according to factory availability, item specifications, order size, and transport vehicle capabilities.
Regardless of the method of delivery, it is the Client's responsibility to provide the carrier and the Seller with all the information necessary for the proper delivery of the Products, such as their telephone number, their exact address including the digicode or the building's front door code, as well as to present themselves on the day and time of delivery of the Products at the agreed place.
In addition, if the Client indicates a delivery address where it is impossible to deliver it during working hours (9:00 a.m. to 12:00 p.m., 2:00 p.m. to 5:00 p.m., Monday to Friday) or from which it is systematically absent at these times, the re-delivery costs will be invoiced to the Customer.
Similarly, in the event of a lack of response from the Client to the delivery notices, emails, voice messages, or text messages sent by the carrier, return costs as well as any costs of returning the package will be invoiced and borne by the Client. In this case, the Seller cannot be held responsible, and does not agree in any way to bear the costs of returning or returning goods.
Article 6 : Transfer of risk and retention of title
6.1 Transfer of Ownership
The transfer of ownership of the Products from the Seller, to the Client, whether it is an immediate purchase or an order, will only be carried out after full payment of the price by the Customer, regardless of the date of delivery of the said Products.
The Seller expressly reserves ownership of the Products, designated on the order form, until full payment of their price, including the principal and, if applicable, late payment interest.
The Client is prohibited from disposing of and in particular reselling the Products in the event of non-payment of the full price.
In the event of sale, seizure or other requisition of the Products, the Client is obliged to assert the title of the Seller and to inform the Seller without delay.
The Client expressly authorises the Seller to claim in the hands of any third-party purchaser, any sum owed by the Client to the Seller, within the limit of the resale price of the Products.
The filling of the containers does not preclude, if necessary, their return in kind.
For the purposes of this clause, the residual stock in the hands of the buyer shall be deemed to correspond to the products which are the subject of the invoices which have not yet been paid up to the amount of the invoices.
6.1 Risk transfer
The transfer of risk takes place :
- on the date of the provision of the goods by the Seller to the Client's carrier, when the delivery is organised by the Client ;
- when the Client is a consumer: at the time when the latter or a third party designated by him, and other than the carrier proposed by the Seller, takes physical possession of these goods, when the delivery is organised by the Seller ;
- when the Client is a professional : on the date on which the goods are picked up by the Seller's carrier, when the delivery is organised by the Client. In the event of deterioration or damage caused to the goods during transport, it is the responsibility of the Client to engage the liability of the carrier. The Seller cannot be held responsible for any damage, deterioration or loss of the goods during transport. The Products therefore travel at the Client's own risk.
Article 7 – Warranty
The Products offered for sale comply with the regulations in force in France.
The Products supplied by the Seller are automatically entitled and without additional payment, in accordance with the legal provisions and under the conditions and in the manner referred to below :
- the legal guarantee of conformity, for Products that appear to be defective, damaged or damaged or do not correspond to the order or immediate purchase,
- the legal warranty against hidden defects resulting from a defect in material, design or workmanship affecting the products delivered and making them unfit for use.
The warranty is strictly limited to the Products sold by the Seller. The warranty does not extend to equipment in which the equipment sold is not incorporated by the Seller and, in particular, to the performance of such equipment.
Replacement of defective Products or parts will not extend the duration of the warranty set out above.
Refunds for Products found to be non-compliant or defective will be made as soon as possible.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the foreign country to which the products are delivered, which it is the Client's responsibility to verify ;
- non-conformity of the Products resulting from the inadequacy of the item sold to standards developed after the conclusion of the contract;
- non-conformity of the Products resulting from technical developments occurring after the conclusion of the contract ;
- deterioration and breakage of parts of accidental origin;
- Failure to maintain and regularly check the Products, including:
- misuse, neglect, improper adjustment, use not in accordance with the Product's user manual;
-normal wear and tear of equipment parts ;
- abnormal use or use in conditions other than those for which the Products were manufactured, in particular in the event of non-compliance with the conditions prescribed in the instructions for use ;
- force majeure ;
- deterioration or accident resulting from shock, fall, negligence, lack of supervision or maintenance ;
- replacement of the Seller's parts with parts of another origin ;
- modification or transformation of the material in any way and by anyone, other than the Seller ;
- defect in the place of storage of the Products acquired ;
- presence of a high level of limescale in the water used to operate the Products sold to the Customer ;
- lack of training, skills or accreditation of the personnel in charge of the operation of the equipment acquired by the Client from the Seller ;
The warranty can only be granted if the Seller has had access to all prior maintenance data carried out by or on behalf of the Client.
The warranty does not cover defects that result from erroneous, incomplete, concealed or non-communicated information to the Seller.
The warranty also does not extend to defects resulting from operating conditions not specified in writing or not in accordance with the technical documentation of the installation or in the event of non-compliance with the Seller's specifications.
Where, for the Client, guarantees of availability or guarantees of performance are essential, these requirements must have been clearly specified and agreed in writing with the Seller before the latter validates the order. Otherwise, the Seller cannot be held liable for failure to meet these requirements.
The guarantee is only applicable if the Client has fulfilled the general obligations of the contract and, in particular, compliance with the terms and conditions of payment.
The Seller's warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.
Specific provisions applicable to the Customer-consumer :
It is reminded that, as part of the legal guarantee of conformity, the Client :
- has a period of two years from the date of delivery of the goods to bring an action resulting from the lack of conformity;
- may choose between the repair or replacement of the Product ordered, subject to Article L 217-9 of the Consumer Code, according to which the professional may not proceed according to the Client's choice, if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the product or the importance of the defect. He is then required to proceed, unless it is impossible, according to the method not chosen by the Client ;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product, in accordance with Article L. 217-7 of the Consumer Code, subject to the possibility for the Seller to combat this presumption when it is not compatible with the nature of the goods or the lack of conformity invoked ;
In order to assert its rights, the Client must inform the Service Provider, in writing, of the non-conformity of the Products within the deadlines referred to above and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The legal guarantee of conformity applies independently of any commercial warranty that may cover the Product.
The Seller is liable for the lack of conformity of the goods with the contract under the conditions of Article L.211-4 et seq. of the Consumer Code and for hidden defects of the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code.
The Client may decide to implement the warranty against hidden defects in the Product, pursuant to Article 1641 of the Civil Code.
In this case, he can choose between rescission of the sale or a reduction of the sale price, according to article 1644 of the Civil Code.
Article 8 – Limitation of liability clause (applicable only to the contract concluded with the Professional Client)
The Seller fulfills its contractual obligations, in accordance with the practices of its profession, the rules of the trade and with regard to the technical data known on the day of delivery of the Goods.
The Seller can only be held liable in the event of proven fault or negligence.
Compensation for the damage suffered by the Client is, in any case, limited to direct damage to the exclusion of any indirect damage of any nature whatsoever (such as, loss of customers, damage to image, reputation or brand, operating loss, loss of profit or other financial loss resulting from the use or inability to use or failure in the delivery of the Products by the Seller).
In the event that the Seller is held liable, the total amount of compensation that the Seller may be required to pay to the Client, all causes combined, in principal, interest and various costs, may not exceed the lesser of the two sums between :
This is regardless of the legal basis of the complaint and the procedure used to bring it to a successful conclusion.
In order to assert its rights, the Client must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the facts likely to engage the Seller's liability, within a maximum period of TWO (2) MONTHS from their discovery.
Article 9 - Unforeseeability
By express agreement between the Parties, the legal regime of unforeseeability provided for in Article 1195 of the Civil Code is expressly excluded for all Sales of Products by the Seller to the Customer. The Seller and the Client therefore each waive the right to avail themselves of the provisions of Article 1195 of the Civil Code and the regime of unforeseeability provided for therein, undertaking to assume its obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves to be excessively onerous and to bear all the economic and financial consequences.
Article 10 : Specific performance
By way of express derogation from the provisions of Article 1222 of the Civil Code, in the event of a breach by either Party of its obligations, the Party that is the victim of the default may not have the obligation performed by a third party itself, at the expense of the defaulting Party. The creditor of the obligation may, however, apply to the court for the defaulting Party to advance the sums necessary for such performance.
The Party that is the victim of the default may, in the event of non-performance of any of the obligations incumbent on the other Party, request the termination of the contract in accordance with the terms and conditions defined in the article "Termination of the contract " of the General Terms and Conditions of Sale.
Article 11 : Objection to non-performance
Pursuant to Article 1219 of the Civil Code, each Party may refuse to perform its obligation if the other Party fails to perform its obligation and if this non-performance is sufficiently serious, i.e., likely to call into question the continuation of the contract or to fundamentally upset its economic equilibrium.
The stay of performance shall take effect FIFTEEN (15) days from the receipt by the defaulting Party of the victim Party's notification of default. The notification must expressly mention the intention to apply the clause, the exception of non-performance, and be sent by registered letter with acknowledgement of receipt or on any other durable written medium that allows proof of the dispatch to be provided.
The exception of non-performance may be used as a preventive measure, according to Article 1220 of the Civil Code, if it is clear that one of the Parties will not perform its obligations by the due date and that the consequences of this non-performance are sufficiently serious for the Party that is the victim of the default. This option may be exercised in accordance with the above-mentioned procedures.
If the impediment was definitive or lasted for more than THIRTY (30) days from the acknowledgement of the impediment by registered letter or on any other durable written medium allowing proof of the sending to be provided, these terms and conditions would be purely and simply terminated according to the terms defined in the article "Termination of the contract " hereof, for breach of a party's obligations.
Article 12 : Force majeure
The Parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
An express agreement also constitutes a case of force majeure :
The Party observing the event must immediately inform the other party of its inability to perform its service and justify it to the latter. The suspension of obligations may in no case be a cause of liability for non-performance of the obligation in question, nor may it lead to the payment of damages or penalties for late payment.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed a period of THIRTY (30) days.
Therefore, as soon as the cause of the suspension of their reciprocal obligations has ceased, the Parties will make every effort to resume the normal performance of their contractual obligations as soon as possible. To this end, the Party that is unable to do so shall notify the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or on any other durable written medium that provides proof of the sending.
If the impediment is definitive or exceeds a period of THIRTY days, these terms and conditions will be purely and simply terminated according to the terms defined in the article "Termination of the contract " hereof.
Article 13 : Termination of the contract
13.1 Common Provisions for Resolution Cases
The Party that intends to request the termination of the contract for one of the reasons set out below must send its co-contractor a formal notice by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of dispatch to be provided.
In any case, the injured party may apply to the courts for damages.
13.2 Resolution for Sufficiently Serious Non-Performance
The Party that is the victim of the default may, notwithstanding the clause "Rescission for breach of a party's obligations" set out below, in the event of a sufficiently serious breach of any of the obligations incumbent on the other Party, notify by registered letter with acknowledgement of receipt or on any other durable written medium allowing proof of the dispatch to be provided, to the Defaulting Party, the resolution hereof, THIRTY (30) days after the sending of a formal notice to comply that has remained unsuccessful, in accordance with the provisions of Article 1224 of the Civil Code.
13.3 Rescission due to force majeure
Notwithstanding the clause "Rescission for breach of a party's obligations " below, the automatic rescission for force majeure may only take place THIRTY (30) after the sending of a formal notice notified by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of the sending to be provided.However, this formal notice must mention the intention to apply this clause.
13.5 Resolution for Breach of Party Obligations
In the event of non-compliance by either party with the following obligations:
- failure to comply with the terms and conditions of delivery of the Products in accordance with the provisions of the " Delivery of the Products " article hereof ;
- non-compliance with the terms of payment of the price within the meaning of the article "Terms of payment" hereof ;
It is expressly understood that this rescission for breach of a Party's obligations will take place by operation of law THIRTY (30) days after the sending of a formal notice to perform, which remains, in whole or in part, without effect. The formal notice may be served by registered letter with acknowledgment of receipt or on any other durable written medium allowing proof of dispatch to be provided. This formal notice must mention the intention to apply this clause.
Article 14 : Contractual documents
The contract consists of the following contractual documents, presented in hierarchical order of decreasing legal value:
In the event of a contradiction between one or more stipulations in documents of different rank, the higher-ranking document shall prevail. In the event of a contradiction between one or more stipulations in documents of the same rand, the later shall prevail.
Any handwritten annotations on the contractual documents will not be binding unless expressly agreed in writing by the Seller.
The above-mentioned contractual documents constitute the entirety of the Parties' commitments with regard to its purpose.
Appendix 15 : Severability
The cancellation of any clause of these General Terms and Conditions shall not affect the validity of the other clauses or of the contract concluded between the parties.
Appendix 16 : Waiver
The fact that one of the Parties does not avail itself of a right that it holds, under the Contract, shall not be interpreted as a waiver of this right.
Article 17 : Applicable law and language
By express agreement between the parties, these General Terms and Conditions and the operations resulting from them are governed by and subject to French law.
These Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Article 18: Jurisdiction in the event of a dispute
If the contract is concluded with the Professional Client:
All disputes to which the sale of the Products, concluded pursuant to these general terms and conditions, may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the competent courts of Strasbourg.
If the contract is concluded with the Customer-Consumer :
All disputes to which the sale of the Products, concluded pursuant to these general terms and conditions, may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, shall be submitted to the competent courts according to ordinary law.
The Client is informed that he may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission, in accordance with Article L. 612-1 of the Consumer Code, or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
Article 19 : Pre-contractual information
The Client acknowledges having been informed, prior to the conclusion of the contract for the sale of the Products, in a clear and comprehensible manner, of these General Terms and Conditions and the following information:
- the essential characteristics of the products,
- the price corresponding to the product and the ancillary costs;
- in the absence of immediate performance of the contract, the date or period within which the Seller undertakes to perform,
- information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if this is not apparent from the context,
- information relating to legal guarantees,
- the functionalities of the digital content and, where applicable, its interoperability.
The fact that a natural (or legal) person enters into the contract implies full and complete acceptance of these General Terms and Conditions and obligation to pay corresponding to the Products sold by the Seller, which is expressly acknowledged by the Client, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.
Article 20: Intellectual property
All projects, studies, plans, specifications, photographs, printed matter, technical documents, samples or any other document provided by the Seller's agents, representatives or staff remains, in all circumstances, the property of the Seller.
The Seller retains all the intellectual property of the said documents and any industrial property rights that may derive from them. The Client undertakes to keep them confidential and not to communicate, distribute, transfer, reproduce or exploit them without the Seller's special, prior written authorization.
These documents must be returned to the Seller, without delay, if the Seller's proposal is not acted upon.
The Seller's trademarks and names are subject to legal protection. Any use of these designations in any medium whatsoever that has not been previously agreed to in writing by the Seller, exposes the person who commits it to prosecution by the Seller.
Article 21: Processing of personal data
Pursuant to Law 78-17 of 6 January 1978 and Regulation No. 2016/679, known as the General Data Protection Regulation, it is recalled that the personal data requested from the Client are necessary for the processing of his order, the establishment of invoices, as well as the improvement of the services, information and advertising communications sent by the Seller to the Client. The personal data communicated by the Client may be communicated to the Seller's partners, who are subject to the rules at least as protective as those applicable to the Seller, and in the cases exhaustively listed below :
- transactions involving third parties and in particular the manufacturers of the products, the delivery of the products, the services of La Poste, the payment processing services, the subcontractors in charge of the management of the Seller's customer files, the services for the management of unpaid invoices and disputes ;
- legal obligation or disclosure necessary to enforce and enforce the Terms and Conditions of Sale and other agreements, to protect the rights, property or safety of Seller or Customers, including for the purpose of fraud protection;
The processing of information by the Seller complies with the legal requirements for the protection of personal data, as the information system used ensures optimal protection of this data. The Seller ensures the protection of personal data, in particular when processing payment card data. It ensures the maintenance of physical and electronic security measures and backup procedures in connection with the collection, retention and communication of the Client's personal information.
Personal data collected in the context of placing orders for products or services are kept for the time necessary to manage the Customer's orders and the rights associated with them (guarantees, for example), unless there is a legal provision establishing a longer period.
The Client has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition, portability and limitation of processing with regard to information concerning him/her.
This right can be exercised by contacting the Seller by post. The Client must provide proof of his/her surname, first name, telephone number and email address. Any request relating to the management of personal data must be sent by post to the address of M.C.M. EMBALLAGES, 4 rue Alfred Kastler, 67540 OSTWALD
Client's name and signature, followed by a handwritten note "good for acceptance of the Seller's quotation and general terms and conditions"
Done on ..... /...... /...........
APPLICABLE TO THE CONTRACT CONCLUDED WITH THE CONSUMER CUSTOMER
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of M.C.M. EMBALLAGES, 4 rue Alfred Kastler, 67540 Ostwald, e-mail address: firstname.lastname@example.org
I hereby notify you of my intention to withdraw from the conclusion of the contract for the provision of services, the references of which are indicated below:
Quote No. _________________________________________
Consumer Name ________________________________________________
Address of the consommateur______________________________________________________________________________
Signature of Consumer ______________________________________________________
(if this form is served on paper)
Done at _________________________________________________________________________