APPLICATION
These general terms and conditions of sale (the "Terms and Conditions") are available on the Fedipat website, where all Fedipat companies and warehouses (individually the "Company" or the "Seller") are listed in Appendix 1 below. The website is accessible at the following address: https://www.fedipat.com (the "Website"). These Terms replace all previous terms and prevail over any conflicting terms, unless agreed otherwise in writing by the Company.
The Terms and Conditions govern the sale and delivery of all products sold by the Company (the "Products") and ordered by professional clients (individually the "Client" or the "Clients"). They are accessible and printable at any time via a hyperlink available on the Website.
Any order or proposal for ordering Products constitutes full and unreserved acceptance of the Terms.
These Terms apply to all Product orders.
The Terms are dated and may be modified or updated by the Seller at any time. The applicable Terms are those in effect at the time of the Product order.
Modifications to the Terms will not apply to Products already purchased. They prevail over any conflicting provisions in the Client's purchase orders, general terms of purchase, or any other document originating from the Client. Special Purchase Conditions (SPC) and/or General Logistics Conditions (GLC) provided by the Client must be sent to the Company within a reasonable timeframe to be reviewed.
The Seller reserves the right to deviate from certain clauses of these Terms based on negotiations with the Client by establishing specific sales conditions.
These Terms govern the sale of Products by the Seller to the Clients.
ORDERS
Orders must be placed no later than 12 PM the day before the scheduled delivery date.
Orders placed by phone are considered firm and final once recorded and confirmed by the Client.
Except for telesales orders, any document showing quantities and prices of ordered Products constitutes a firm order.
In case of unavailability of a product, the Client is not entitled to any compensation.
For orders significantly exceeding available stock or typical supply levels, the Company may deliver part of the order or alter its fulfillment without penalty.
The benefit of an order is personal to the Client and may not be transferred without the Company’s written approval.
No modification or cancellation of any part of the order will be considered once preparation or delivery has started.
The Client agrees to receive all communications, letters, emails, and notices related to the order at the email addresses provided when placing the order.
PRICES AND TRANSPORT
Prices on the invoice are those from the catalog or shown on the Website at the delivery date.
In accordance with Extended Producer Responsibility (EPR) rules, an eco-contribution is applied to applicable Products and included in their sale prices.
The eco-contribution amount may be adjusted based on regulatory changes.
In the event of a price change, the monthly supply prior to the new price may not exceed one month's worth of sales.
Unit prices are indicative and not contractual. Delivery and invoicing are per carton.
Our prices include free delivery for (i) any order of at least €200 net, (ii) delivered to one location in one go within certain French departments listed on the Fedipat site.
Free delivery is set at €400 for (i) any order delivered to one location in other departments of mainland France, (ii) delivered at one time.
Additional transport fees apply for ski resorts and Corsica.
Carton reference prices are excluding VAT and do not include any customs fees, which are the Client's responsibility.
Products will only be delivered if the Client has met their obligations.
PAYMENT
Goods must be paid in full at delivery using the Seller's accepted payment methods.
No discount for early payment applies or may be requested. Any unpaid amount on the due date stated on the invoice automatically incurs, from the following day, late payment penalties equal to four times the legal interest rate on the total including VAT.
Late payment penalties apply without reminder or formal notice. Under Article 1343-2 of the Civil Code, interest unpaid after one year also accrues interest.
A fixed compensation of €40 is also due for collection costs.
Late payment may result in suspension of current orders, cash payment for new invoices, immediate payment of all outstanding debts, and a penalty of 15% of the unpaid amount.
All recovery costs, including return fees, legal fees, and bailiff costs, will be charged to the Client.
Partial payments are applied first to late fees, then to interest, and finally to the oldest outstanding invoices.
DELIVERY – CLAIMS
Delivery refers to unloading products from the truck or pickup from the warehouse by the Client.
Deliveries are subject to availability and processed in order of receipt.
Each order must include Client identification, date, product details, quantities, and preferred delivery date/time/location.
The Seller may deliver in full or in part.
Delivery times depend on the Seller’s supply and logistics capacity.
Late delivery does not entitle the Client to compensation, withholding, or cancellation.
Delivery containers (rolls/pallets) must be returned at delivery; otherwise, they will be charged.
Products must be checked upon delivery in the presence of the driver. Claims for damage or shortages made after the fact will not be accepted.
Delivery slips must be signed by the Client or their representative.
Product conformity claims must be submitted within 48 business hours by registered letter with acknowledgment of receipt or by email (with confirmation by the Seller).
The Client must provide evidence of the defect or damage and allow inspection by the Company. Drivers are not authorized to decide on product returns.
Returns are only accepted with prior written authorization. Unauthorized returns will be refused.
All return costs and risks are the Client’s responsibility. Returned Products must include a return form and be in their original condition.
Accepted returns will result in a credit note after quality and quantity checks. Improper returns result in forfeiture of any deposits made.
STORAGE QUALITY
The Company is not liable for destruction or damage to Products due to improper transport, storage, or use.
To maintain quality, Products must be stored at a minimum temperature of –18°C and used on a first-in, first-out basis. Non-compliance voids the right to return the merchandise.
Products have a minimum durability date (MDD).
RIGHTS AND LEGISLATION
Disputes regarding these Terms, their interpretation, execution, or related contracts will fall under the jurisdiction of the Commercial Court where the Seller's head office is located, even in cases involving multiple defendants or warranty claims.
However, the Seller may also sue the Client in the court jurisdiction where the Client resides.
These Terms and the relationship between Client and Seller are governed by French law.
The Seller owns or holds licenses to all intellectual property related to its products/services, including texts, images, photos, logos, and designs. Clients only acquire a private, non-commercial use right. Any reproduction, modification, or exploitation without prior written consent is prohibited and may lead to legal action.
Catalog content is subject to typographical errors. Product images are owned exclusively by the Company and cannot be used without permission. They are illustrative and not contractual. The Company may change Product prices at any time without notice.
WAIVER
The Company not invoking any clause of these Terms at any time does not constitute a waiver of its right to invoke the same clause later.
RETENTION OF TITLE
All Products remain the Seller's property until full payment, in accordance with the law of May 12, 1980.
Risk transfers to the Client upon delivery, who assumes custody of the goods.
If the Client fails to pay, they must return the unpaid goods. Goods in the Client’s possession are presumed unpaid. If resold, the Client must provide the Buyer’s contact details to the Company immediately.
FORCE MAJEURE
The Company is not liable for failure to meet contractual obligations due to force majeure. Events include but are not limited to: fire, flood, storm, earthquake, natural disasters, war, or riots.
In such events, the Company will inform the Client as soon as possible and may cancel, suspend, or delay orders without compensation or cancellation rights for the Client unless agreed by the Company.
If an order is suspended, the Client must, at their expense, extend the validity of payment means until delivery can be made.
PERSONAL DATA
The Client is informed that the Seller, as data controller under GDPR, processes personal data collected from the Client.
The Seller collects data via the Website to process orders, analyze requests, and, if opted-in, send newsletters, unless the Client opts out.
By accepting the Terms, the Client consents to the Company collecting and using personal data for order processing.
The Client also agrees to its use for informational and marketing purposes.
Data will be retained for five years from last contact.
In accordance with the French Data Protection Act and EU Regulation 2016/679, the Client has the right to access, rectify, delete, and port data, or restrict processing. Requests must be submitted in writing with Client contact details to: FEDIPAT, ZA de la Clochette, 2 rue de la Clochette, 77165 Saint-Soupplets.
The Client may also file a complaint with the CNIL (French Data Protection Authority).
APPENDIX(ES):
Appendix 1: List of Fedipat Companies and Warehouses:
1) SAS DISTRIPATES GESTION ET PARTICIPATIONS:
SIRET: 384 112 942 00048
VAT ID: FR81 384 112 942
Address: ZA 2 Rue des Clochettes 77165 Saint-Soupplets
2) SARL DISTRIPATES NORD:
SIRET: 510 848 997 00027
VAT ID: FR62 510 848 997
Address: ZAC du Luc 3 Rue Barack Obama 59187 Dechy
3) SARL DISTRIPATES NORMANDIE:
SIRET: 804 001 063 00010
VAT ID: FR37 804 001 063
Address: FEDIPAT NORMANDIE MIN DE Rouen Av du CDT Bicheray 76000 ROUEN
4) SARL DISTRIPATES CENTRE:
SIRET: 811 352 962 00013
VAT ID: FR68 811 352 962
Address: FEDIPAT CENTRE 336 Rue d’Alsace 45160 OLIVET
5) SARL FRID’ALPES:
SIRET: 410 154 405 00030
VAT ID: FR88 410 154 405
Address: ZAC des Platières 38670 Chasse-sur-Rhône
6) SARL FEDIPAT GRAND EST:
SIRET: 922 695 663 00018
VAT ID: FR38 922 695 663
Address: ZA de Bouxières sur Froidmonts 185 Rue du Chêne Brulé 54700 Lesmesnils
7) SARL FEDIPAT SAVOIES:
SIRET: 979 840 287 00010
VAT ID: FR87 979 840 287
Address: Annecy le Vieux 5 Rue du Pré Paillard 74940 Annecy
8) SARL FEDIPAT COTE D’AZUR:
SIRET: 518 861 877 00034
VAT ID: FR65 518 861 877
Address: ZI de la Farlède Rue du Docteur Guérin 83210 La Farlède