Terms of sale
1 - GENERALITIES
Our sales are subject to the present general conditions of sale which prevail over any conditions of purchase. Any clause to the contrary included in the customer's order, and not expressly accepted in writing by Maison MEDELYS, shall be deemed not to be enforceable against the latter.
2 - ORDER
Orders received by Maison MEDELYS must be accepted in writing by our services in order to be considered as sales.
3 - DELIVERY
Delivery is made in accordance with the order, either by direct delivery of the goods to the customer, or by delivery to the customer personally by Maison MEDELYS in accordance with the delivery charter in force, or by handing over to a carrier for delivery to the place designated in the order or any other place agreed upon between Maison MEDELYS and the customer. Any complaint concerning a foodstuff must be justified in writing to Maison MEDELYS within 24 hours following the receipt of the foodstuff by the customer. The absence of written reserves formulated by the customer within the aforementioned time limit shall render any claim on his part unenforceable and inadmissible. No return of goods shall be made without the prior agreement of Maison MEDELYS.
4 - TRANSPORT
The goods are shipped "ex works" (EXW), MIN de RUNGIS. They travel at the risk of the customer who must take all precautions and reserves with the carrier. Maison MEDELYS cannot be held responsible for delays in delivery, theft or damage occurring during transport. The transfer of risks to the customer takes place as soon as the goods are loaded at the departure. As an exception, Maison MEDELYS will be responsible for deliveries when it carries them out personally, by its own logistic means.
5 - PRICES - PAYMENT
Our prices are net, without discount, goods deemed to have been collected from our warehouse in Rungis, regardless of the place of pick-up. In case of discount at the bottom of the invoice, some products cannot be discounted. An updated list of these products is available. Our invoices are payable net cash upon receipt, unless otherwise agreed. No discount for cash or advance payment will be due by Maison MEDELYS. In case of deferred payment, the payment term cannot exceed by application of the article L443-1 of the Commercial Code: - For perishable products, frozen products, ready-made meals and preserves made from perishable food products, our invoices are payable no later than 30 days after the end of the delivery decade; - For any other product, including alcoholic beverages, our invoices are payable no later than 30 days after the end of the delivery month; - The customer will exclusively assume all financial, fiscal, civil and penal consequences in case of non-payment within the above-mentioned time limits. March 2020 SIRET N° : 342 586 930 00030 Page 2/2 A fixed price " Administrative costs " (packing, administrative & invoicing), defined each year, will be applied on each invoice (limited to 1 invoice per day and per customer). Any invoice, upon collection, below 20€ HT will be increased by a fixed fee of 2€ HT.
6 - LATE PAYMENT
In accordance with article L441-6 of the French Commercial Code, late payment penalties are due for failure to pay on the day following the payment date shown on the invoice. The interest rate applied for these late payment penalties is at least three times the legal interest rate. Fixed penalty of 40€ in case of late payment, law LME rectified, applicable on 01/01/13.
7 - RESERVATION OF OWNERSHIP
The goods remain the property of Maison MEDELYS until the complete and effective payment of their selling price. These provisions do not prevent the transfer to the customer, upon delivery of the goods, of the risks of loss or deterioration as well as the damage they could cause.
8 - APPLICABLE LAW AND COMPETENT JURISDICTION
For all disputes relating to the formation, execution, interpretation, termination and cancellation of sales concluded by Maison MEDELYS, only French law is applicable and only the Commercial Court of Créteil shall have material and territorial jurisdiction, notwithstanding any clause to the contrary stipulated in the Customer's documents.
9 - TERMINATION OF COMMERCIAL RELATIONS
Maison Médelys reserves the right to terminate commercial relations with the Customer in the event of abnormal behaviour by the Customer (theft, insults, aggressive behaviour, serious and repeated breaches by the Customer, non-compliance with the GCS).
Text translated from the French original which is the only authentic text.