APPLICATION
Orders must be placed no later than 12 p.m. the day before the scheduled delivery day. Orders placed by telephone are considered firm and final upon the Customer's verbal order entered and validated by the Customer. With the exception of orders taken by telesales, any other order must be the subject of a written document (e-mail, fax, EDI, etc.) including the identification of the Customer, the date, the product descriptions, the packaging, quantities as well as the date, place and times of delivery desired by the Customer and in accordance with the Customer's constraints. These orders are only considered firm and final after their express acceptance by the Customer who will ensure the availability of the items. In the event of unavailability of a reference this does not entitle the Client to any compensation. In the event of an abnormally high order compared to available stocks or supplies usually requested, the Company reserves the right to deliver part of the order or to modify its execution. In this case, no penalty may be charged to the Customer. As part of a price change, the monthly supply preceding the application of the change may not exceed one average month of sales. The benefit of an order is personal to the Customer and cannot be transferred without the written consent of the Customer. No modification or cancellation of all or part of the order will be taken into account once the preparation or delivery procedure has been launched.
ORDERS
Orders must be placed no later than 12 p.m. the day before the scheduled delivery day. Orders placed by telephone are considered firm and final upon the Customer's verbal order entered and validated by the Customer. With the exception of orders taken by telesales, any other order must be the subject of a written document (e-mail, fax, EDI, etc.) including the identification of the Customer, the date, the product descriptions, the packaging, quantities as well as the date, place and times of delivery desired by the Customer and in accordance with the Customer's constraints. These orders are only considered firm and final after their express acceptance by the Customer who will ensure the availability of the items. In the event of unavailability of a reference this does not entitle the Client to any compensation. In the event of an abnormally high order compared to available stocks or supplies usually requested, the Company reserves the right to deliver part of the order or to modify its execution. In this case, no penalty may be charged to the Customer. As part of a price change, the monthly supply preceding the application of the change may not exceed one average month of sales. The benefit of an order is personal to the Customer and cannot be transferred without the written consent of the Customer. No modification or cancellation of all or part of the order will be taken into account once the preparation or delivery procedure has been launched.
PRICE AND TRANSPORT
Les prix appliqués sur facture sont ceux du catalogue en vigueur à la date de livraison. Les prix unitaires sont donnés à titre indicatif et ne peuvent être considérés comme contractuels. L’unité de livraison et de facturation est au carton. Nos prix s’entendent franco pour toute commande d’un montant minimum de 200 €, toute remise déduite, livrée en un seul lieu et en une seule fois sur les départements de distribution de nos entrepôts FEDIPAT en France métropolitaine. Ce franco est de 400 € livré en un seul lieu et en une seule fois sur les autres départements de distribution en France métropolitaine. Pour certains départements, stations de skis et la Corse, le transport est en supplément. Les prix de référence au carton sont hors taxes et ne tiennent pas compte d’éventuels frais de dédouanement afférents aux produits qui sont à la charge du Client.
La livraison ne peut intervenir que si le Client est à jour de ses obligations.
PAYMENT
The goods are payable in cash on delivery by the means of payment accepted by the distributor. No discount conditions can be applied or claimed. Any delay of an invoice due will automatically result, from the following day, in the application of late payment penalties, calculated on the basis of four (4) times the legal interest rate on the total amount including tax thereof, and this without it being necessary to give prior notice to the Customer. Under the provisions of article 1343-2 of the civil code, interest due after one year will itself produce interest at the conventional rate above. Any late payment may result in the suspension of orders in progress, the cash payment of all new invoices and the immediate payment of the Company's debt for the entire amount, and the application, as a penalty clause, of lump sum compensation of 15% of the unpaid debt. All costs incurred for recovery, including in particular the costs of returning unpaid debts, the fees of lawyers and ministerial officers, will also be invoiced to the Customer. Partial payments are deemed to be deducted in priority from late payment penalties, interest and oldest debts.
DELIVERY - CLAIMS
Delivery means the products leaving the truck or leaving the warehouses in the event of collection by the Customer. Failure to meet delivery times cannot allow the order or orders in progress to be canceled and does not entitle the Customer to any compensation. The containers used for delivery (rolls/pallets, etc.) must be returned upon delivery. In the event of a breach, these will be invoiced. The products must be checked upon receipt in the presence of the driver. No claims for breakage or missing items will be accepted subsequently.
The delivery note, consignment note or collection note must be signed by the customer, or his agent, upon delivery or upon collection of the products.
Any complaints regarding the conformity of the products can only be studied if they are sent within a maximum period of 48 working hours from delivery by registered mail with return receipt to our head office or to the head office of the Distributor or by email (in the latter case confirmation must be given by our services). For the complaint to be taken into account, the Customer must provide all justification as to the reality of the defects or damage declared and allow us every facility to carry out their detection. Under no circumstances are drivers authorized to judge whether there is reason to take back goods. The return of goods can therefore only be made after prior written agreement from the Company. Any unauthorized returns will be refused. The costs of returning the goods will be borne by the Customer.
STORAGE QUALITY
The Fedipat® guarantee is excluded in the event of destruction or deterioration of the goods delivered due in particular to conditions of transport, storage or use not in accordance with the distributors' instructions.
To maintain the quality of our products, it is necessary to store them at a minimum temperature of – 18°C and that the first products in are the first out. Failure to comply with these conditions prohibits any return of the goods. The products carry a minimum durability date (MBD). The distributors' commitment is limited to allowing the Customer a reasonable period of time to allow resale before this date.
RIGHTS AND LEGISLATION
The Fedipat® general conditions of sale as well as all contracts signed between Fedipat®, its distributors and its Customers are drawn up and concluded within the framework of French Law and are therefore subject to French Law. The competent court in the event of a dispute between the parties is the local court of the place of residence of the Fedipat® Distributor concerned, and only this court, regardless of the cause of the dispute and the contract concluded between the parties.
WAIVER
The fact that Fedipat® does not avail itself at a given time of any of the clauses herein cannot constitute a waiver of its right to avail itself subsequently of these same clauses.
RESERVE DE PROPRIETE
All products remain our property until full payment, in accordance with the law of May 12, 1980. Unless prior written agreement, failure to pay for our supplies by the due date will result in litigation.
The risks relating to the products, whether damage caused to them or by them, are borne by the Customer, who becomes guardian of them, from delivery. Failing to fulfill its payment obligations as defined herein, the Customer must return the unpaid products to the Company. The products in the possession of the Customer are presumed to be those unpaid, consequently and in the event of resale of products, the Customer must communicate without delay to the Company all useful information concerning the sub-purchaser of the products.
The contents of our catalog are subject to typographical errors. The product photos in this catalog are the exclusive property of Fedipat® and cannot be used in any form whatsoever without the prior consent of Fedipat®. In addition, they have illustrative value and cannot be contractual.
Fedipat® or the distributor reserves the right to modify the prices of the products presented in this catalog at any time and without notice.
Delivery while stocks last.
Only exclusive Fedipat® distributors are authorized to market and deliver our Fedipat® brand products. Check the “Recommended by Fedipat®” and “Cheap®” marks on the packaging.
FORCE MAJEURE
The Company cannot under any circumstances be held responsible in the event of failure to fulfill its contractual obligations resulting from an event constituting force majeure. In addition to the cases defined by law and case law, and without this list being exhaustive, force majeure means the following events: fire, flood, storm, earthquakes and other natural disasters, war, riots, etc. If it is impossible to comply with the performance of all or part of our obligations due to a case of force majeure, we will inform our Customers as soon as possible. We may then, depending on the circumstances, either cancel the order, suspend execution or delay delivery without the Customer being able to claim any compensation in this respect or being able to cancel their order unless we have expressly agreed in advance. In the event of suspension of the order, the Customer undertakes to take all necessary measures to extend, at its own expense, the validity of its means of payment during the period of suspension of the order and until the moment when delivery can be be carried out
DONNEES NOMINATIVES ET PERSONNELLES
By adhering to these general conditions of sale, the Customer consents, in compliance with applicable regulations, to Fedipat® collecting and using his personal data necessary to process his order. The Customer also agrees that his personal data may be used for information and commercial prospecting purposes.
This personal data is intended for internal use by Fedipat®. If this is not communicated, Fedipat® will not be able to fulfill the Customer's order, nor to provide them with our promotional and commercial information.
The personal data collected will be kept for a period of five years from the last contact.
In accordance with the provisions of the article of law n°78-17 of January 6, 1978 relating to Computing, Files and Liberties and European Regulation n°2016/679EU of April 27, 2016, the Customer benefits from a right access, rectification, portability and erasure of the data collected or the limitation of their processing. The request must be sent, in writing, with the Customer's contact details, to the following address: FEDIPAT, ZA de la Clochette, 2 rue de la Clochette, 77165 Saint-Soupplets. The Customer also has the right to complain to the Commission Nationale Informatique et Libertés (CNIL).