APPLICATION
These general terms and conditions of sale (the “GTC”) are available on the Fedipat website, where all Fedipat® companies and warehouses are listed in Appendix 1 below (individually the “Company” or the “Seller”), accessible at the following address: https://www.fedipat.com (the “Website”). They replace all previous conditions and prevail over any conflicting conditions, regardless of their terms, unless otherwise agreed in writing by the Company.
The GTC are intended to govern the sale and delivery of all products sold by the Company (the “Products”) and ordered by professional clients from the Seller (individually the “Client” or collectively the “Clients”).
They are accessible and printable at any time via a hyperlink available on the Website.
Any order or proposed order of Products automatically implies unconditional acceptance of the GTC.
The GTC apply to all Product orders.
The GTC are precisely dated and may be modified and updated by the Seller at any time. The applicable GTC are those in force at the time of the Product order.
Any modifications to the GTC will not apply to Products already purchased.
They shall prevail over any conflicting provisions appearing on the Client’s order forms, general purchasing conditions, or any other document issued by the Client.
Any Special Purchasing Conditions (SPC) and/or General Logistics Conditions (GLC) presented by the Client must be submitted within a reasonable timeframe to allow the Company to review them.
The Seller reserves the right to deviate from certain clauses herein depending on negotiations with the Client by establishing specific sales conditions.
These GTC govern the sale of Products by the Seller to the Clients.
ORDERS
Orders must be placed no later than 12 noon on the day preceding the scheduled delivery date.
Orders placed by telephone are considered firm and final once verbally confirmed and validated by the Client.
Except for telesales orders, any written document specifying quantities and prices constitutes a firm order.
Product unavailability does not entitle the Client to any compensation.
In the event of an abnormally large order compared to available stock or usual supply levels, the Company reserves the right to partially fulfill or modify the order. No penalties shall be charged to the Client in such cases.
Orders are personal to the Client and cannot be transferred without written consent.
No modification or cancellation of an order will be accepted once preparation or delivery has begun.
The Client agrees to receive all communications related to the order via the email addresses provided at the time of ordering.
SELLER APPROVAL FOR RESALE OF PRODUCTS
To preserve the quality of Product distribution, the Client agrees not to sell Products to non-approved third parties without the Seller’s consent, except for passive sales within the European Union.
In all cases, the Client agrees to refrain, in all territories, from any active sales efforts (promotion, advertising, marketing, solicitation, etc.).
PRICES AND TRANSPORT
Prices applied on invoices are those in the catalog or on the Website at the date of delivery.
In accordance with Extended Producer Responsibility (EPR) regulations, an eco-contribution is applied to relevant Products and reflected in their prices.
The eco-contribution may be adjusted based on regulatory changes.
In the event of a price change, monthly supply prior to implementation cannot exceed one month of sales.
Unit prices are indicative and not contractual. Delivery and billing units are per carton.
Prices include delivery (carriage paid) for orders of at least €200 (after discounts), delivered in one location and one shipment within specified French departments.
This threshold is €400 for other mainland France deliveries.
Deliveries to ski resorts and Corsica incur additional transport charges.
Prices exclude taxes and customs duties, which are borne by the Client.
Delivery is subject to the Client being up to date with payment obligations.
PAYMENT
Goods are payable in full upon delivery using accepted payment methods.
No discount terms apply.
Late payments automatically incur penalties equal to four times the legal interest rate, without prior notice.
Interest accrues additional interest after one year (capitalization).
A fixed €40 fee applies for collection costs.
Late payment may result in suspension of orders, immediate payment requirements, and a penalty of 15% of the unpaid amount.
All recovery costs (including legal fees) are charged to the Client.
Partial payments are first applied to penalties, interest, and oldest debts.
DELIVERY – CLAIMS
Delivery occurs when Products are unloaded from the truck or collected from warehouses.
Deliveries depend on availability and order sequence.
Orders must include full details (Client ID, Products, quantities, delivery date/location/time).
The Seller may deliver partially or in full.
Delivery times are indicative and delays do not justify compensation or cancellation.
Delivery containers must be returned, otherwise they will be charged.
Products must be checked upon receipt in the presence of the driver; no later claims for damage or shortages will be accepted.
Delivery documents must be signed upon receipt.
Claims must be submitted within 48 working hours by registered mail or email (with confirmation).
Returns require prior written approval; unauthorized returns will be refused.
Return costs and risks are borne by the Client.
Accepted returns result in a credit note after inspection.
STORAGE QUALITY
The Company is not liable for damage due to improper transport, storage, or use.
Products must be stored at a minimum temperature of –18°C and follow FIFO (first in, first out).
Failure to comply voids return eligibility.
Products carry a minimum durability date (MDD).
LAW AND JURISDICTION
The competent commercial court where the Seller’s headquarters is located has jurisdiction over disputes.
However, the Seller may also bring action before the Client’s local court.
These GTC and relationships are governed by French law.
The Seller retains intellectual property rights over all elements of its products/services.
The Client receives only a limited private, non-commercial use right.
Unauthorized use may lead to legal action.
Catalog content may contain typographical errors.
Images are illustrative and non-contractual.
Prices may be changed at any time without notice.
WAIVER
Failure to enforce any clause does not constitute a waiver of future enforcement.
RETENTION OF TITLE
Products remain the Seller’s property until full payment is made.
Risk transfers to the Client upon delivery.
In case of non-payment, Products must be returned.
FORCE MAJEURE
The Company is not liable for failure due to force majeure events (natural disasters, war, etc.).
Orders may be suspended, delayed, or canceled without compensation.
PERSONAL DATA
The Seller processes personal data in compliance with GDPR.
Data is used for order processing, communication, and marketing (if consented).
Data is retained for five years.
Clients have rights of access, correction, portability, and deletion.
Requests must be sent to the Company’s address.
Clients may also lodge complaints with the CNIL.
APPENDIX(ES)
Appendix 1: List of Fedipat companies and warehouses:
1) SAS DISTRIPATES GESTION ET PARTICIPATIONS
SIRET: 384 112 942 00048
VAT: FR81 384 112 942
Address: ZA 2 Rue des Clochettes, 77165 Saint-Soupplets
2) SARL DISTRIPATES NORD
SIRET: 510 848 997 00027
VAT: FR62 510 848 997
Address: ZAC du Luc, 3 Rue Barack Obama, 59187 Dechy
3) SARL DISTRIPATES NORMANDIE
SIRET: 804 001 063 00010
Intra-community VAT No.: FR37 804 001 063
Address: FEDIPAT NORMANDY, MIN de Rouen, Avenue du Commandant Bicheray, 76000 Rouen
4) SARL DISTRIPATES CENTRE
SIRET: 811 352 962 00013
Intra-community VAT No.: FR68 811 352 962
Address: FEDIPAT CENTRE, 336 Rue d’Alsace, 45160 Olivet
5) SARL FRID’ALPES
SIRET: 410 154 405 00030
Intra-community VAT No.: FR88 410 154 405
Address: ZAC des Platières, 38670 Chasse-sur-Rhône
6) SARL FEDIPAT GRAND EST
SIRET: 922 695 663 00018
Intra-community VAT No.: FR38 922 695 663
Address: ZA de Bouxières-sur-Froidmonts, 185 Rue du Chêne Brûlé, 54700 Lesménils
7) SARL FEDIPAT SAVOIES
SIRET: 979 840 287 00010
Intra-community VAT No.: FR87 979 840 287
Address: Annecy-le-Vieux, 5 Rue du Pré Paillard, 74940 Annecy
8) SARL FEDIPAT CÔTE D’AZUR
SIRET: 518 861 877 00034
Intra-community VAT No.: FR65 518 861 877
Address: ZI de La Farlède, Rue du Docteur Guérin, 83210 La Farlède