Terms of sale
1. GENERAL INFORMATION
Our sales are governed by these general terms and conditions of sale, which take precedence over any purchasing terms. Any provision contrary to these terms, as stated in the customer’s order and not expressly accepted in writing by Maison MEDELYS, shall be deemed unenforceable against us.
2. ORDER
2.1 Validity of orders
Any order placed by the customer with Maison MEDELYS must be confirmed in writing, by any means (email, SMS, professional website). Maison MEDELYS reserves the right not to consider the order as firm and final. Maison MEDELYS reserves the right to refuse any order, particularly in cases of questionable solvency, past payment incidents, or non-compliance with these terms and conditions.
2.2 Required information for the order
The customer is obliged to provide complete, accurate, and up-to-date information regarding the subject of the order, the characteristics of the ordered products, and the delivery conditions (address, desired date, specific delivery requirements, etc.). Any error or omission in the information provided by the customer releases Maison MEDELYS from any responsibility for delays, defects, or non-compliance with the delivery of the products.
2.3 Modification and Cancellation of orders
Any request to modify an order must be made in writing and is subject to Maison MEDELYS’s express agreement. Depending on the progress of the order processing, certain modifications (such as changes in quantity, products, delivery address, etc.) may not be accepted. Similarly, any request for order cancellation after confirmation by our services must be made in writing and approved by Maison MEDELYS.
2.4 Customised orders
For orders of specific products or those made upon the customer’s special request (pre-order products, bulk orders, etc.), a prior quote will be established, specifying the particular terms of execution (quantities, prices, delivery times) and must be signed by the customer. These specific orders cannot be cancelled or modified after confirmation, unless otherwise agreed in writing by Maison MEDELYS.
2.5 Availability Reservation
Orders are accepted within the limits of available stock. In case of temporary or permanent unavailability of a product after the order has been confirmed, Maison MEDELYS undertakes to inform the customer as soon as possible. The customer can then choose to either maintain the order with an equivalent product or cancel the order without charge. Maison MEDELYS will not be held responsible for the consequences of a stock-out that is beyond its control.
2.6 Tacit Acceptance of the General Terms and Conditions
By placing an order with Maison MEDELYS, the customer accepts these general terms and conditions of sale without reservation. Any condition contrary or additional to these, issued by the customer, especially on their order forms or any other documents, will not be enforceable against Maison MEDELYS unless expressly accepted by us in writing.
3. DELIVERY
3.1 Delivery Methods
The delivery of goods is made according to the conditions specified in the order. Delivery options include :
The delivery of goods is made according to the conditions specified in the order. Delivery options include :
- Pick-up : Goods can be directly handed over to the customer at the Rungis Market (MIN).
- Direct delivery : Maison MEDELYS may choose to deliver the goods directly, adhering to the applicable delivery charter, which includes commitments regarding delivery timeframes, service quality, and product safety. Maison MEDELYS reserves the right to subcontract delivery if necessary.
- Shipping / Handover to a carrier : The goods may be handed over to a carrier chosen by Maison MEDELYS for delivery to the designated location or any other location agreed with the customer.
3.2 Delivery Times
Delivery times are provided as an indication and may vary depending on logistics conditions and external factors (weather conditions, strikes, etc.). Maison MEDELYS commits to informing the customer of any significant delay. In case of force majeure, Maison MEDELYS will not be held responsible for the consequences of delivery delays.
3.3 Receipt of Goods
The customer is responsible for checking the conformity and condition of the goods upon delivery. They must ensure that the quantity, quality, and integrity of the products match what was ordered. In case of any discrepancies or anomalies (missing or damaged products, etc.), the customer must notify Maison MEDELYS in writing within 24 hours of receipt.
3.4 Claims and Reservations
Any complaint regarding delivery or conformity of goods must be justified and sent to Maison MEDELYS in writing within 24 hours. If no reservations are made in writing within this period, the goods will be considered accepted and in conformity. Maison MEDELYS will not be held responsible for late claims, which will be declared inadmissible.
Delivery times are provided as an indication and may vary depending on logistics conditions and external factors (weather conditions, strikes, etc.). Maison MEDELYS commits to informing the customer of any significant delay. In case of force majeure, Maison MEDELYS will not be held responsible for the consequences of delivery delays.
3.3 Receipt of Goods
The customer is responsible for checking the conformity and condition of the goods upon delivery. They must ensure that the quantity, quality, and integrity of the products match what was ordered. In case of any discrepancies or anomalies (missing or damaged products, etc.), the customer must notify Maison MEDELYS in writing within 24 hours of receipt.
3.4 Claims and Reservations
Any complaint regarding delivery or conformity of goods must be justified and sent to Maison MEDELYS in writing within 24 hours. If no reservations are made in writing within this period, the goods will be considered accepted and in conformity. Maison MEDELYS will not be held responsible for late claims, which will be declared inadmissible.
3.5 Returns of Goods No returns will be accepted without prior written consent from Maison MEDELYS. If a return is autorised, it must be made in its original condition, including all accessories and packaging, within the specified time frame. Return shipping costs will be borne by the customer, except in the case of proven non-conformity. Fresh products (+2/+4°C) and frozen goods (-18°C) will not be accepted for return.
3.6 Liabilities
Maison MEDELYS’s liability will not be engaged for any damages occurring during transport, unless the delivery is made using our own logistics means. If a third-party carrier is involved, the customer must make reservations with the carrier and inform Maison MEDELYS within 24 hours of receipt.
3.7 Transfer of Risk
The transfer of risks related to the goods (loss, damage, etc.) occurs when the goods are made available to the customer, whether during direct handover or at the time of handover to a carrier. Maison MEDELYS disclaims any responsibility for losses or damages that occur after this transfer of ownership.
4. TRANSPORT
4.1 Shipping Methods
The goods are shipped "Ex Works" (EXW) from the Rungis Market (MIN). Maison MEDELYS provides the products at its warehouse but does not assume responsibility for transportation to the delivery location.
4.2 Risks and Responsibilities
4.2 Risks and Responsibilities
The goods travel at the customer’s risk, who remains responsible for any loss, damage, or deterioration that occurs after loading. The customer must take all necessary precautions to ensure the security and integrity of the goods during transport. This includes, but is not limited to :
- Verifying the condition of the goods upon receipt from the carrier.
- Making clear reservations with the carrier in case of non-conformity.
- Informing Maison MEDELYS of any incidents within 24 hours of receipt.
Maison MEDELYS disclaims all liability for delivery delays, theft, damage, or loss occurring during transport, unless these incidents are caused by proven negligence on the part of its own services when handing the goods to a third-party carrier. However, when Maison MEDELYS performs the deliveries with its own logistics means, it assumes responsibility for the goods until they are handed over to the customer. This includes liability for damages to the goods during transport as well as delays.
4.4 Choice of Carrier
The customer may choose a specific carrier, subject to prior written agreement with Maison MEDELYS. In any case, the customer must ensure that the carrier adheres to the appropriate quality and safety standards for transporting food products.
4.5 Customer Obligations
The customer agrees to :
- Provide an accurate and accessible delivery address.
- Be present or have a representative on-site to receive the goods at the time of delivery, ensuring a swift and secure transfer. If absent, the provision of keys and access information will be required.
- Check the integrity of the delivered products and immediately report any issues, as outlined in the "Receipt of Goods" section of these terms and conditions.
Maison MEDELYS commits to notifying the customer of the shipping date and, if possible, providing a tracking number for shipments made by third-party carriers. The customer can track their products and anticipate their arrival.
5. PRICE AND PAYMENT
5.1 Pricing Terms
The prices listed by Maison MEDELYS are net, excluding taxes, and without discounts. Maison MEDELYS reserves the right to change its prices at any time, based on fluctuations in supply costs or market conditions. The prices applied will be those in effect at the time of the order, as accepted by our services.
5.2 Payment Terms
Maison MEDELYS invoices are payable in full upon receipt, unless otherwise agreed in advance. No discount will be granted for immediate or early payment. In the case of deferred payment, the period cannot exceed the terms set out in Article L443-1 of the Commercial Code : The payment terms are established based on customer type and the range of products supplied. Deferred payments cannot exceed the terms of the specified payment type.
5.3 Responsibility in Case of Non-Payment
The customer is notified that they will cover all financial, fiscal, civil, and criminal consequences in case of non-payment within the specified time frame. In the event of late payment, late fees may apply, in accordance with applicable legal provisions.
5.4 Late Payment
In case of late payment, late penalties will be applied at a rate of three times the legal interest rate. A fixed fee of 40 euros will also be due for collection costs, in accordance with Article L.441-10 of the Commercial Code.
5.5 Innovation & Eco-Responsibility Fee
Since 2012, a flat fee has been applied equitably to all of our customers. From 2024, this fee will change its name to "Innovation & Eco-Responsibility Fee." This fee is mandatory for all customers.
The prices listed by Maison MEDELYS are net, excluding taxes, and without discounts. Maison MEDELYS reserves the right to change its prices at any time, based on fluctuations in supply costs or market conditions. The prices applied will be those in effect at the time of the order, as accepted by our services.
5.2 Payment Terms
Maison MEDELYS invoices are payable in full upon receipt, unless otherwise agreed in advance. No discount will be granted for immediate or early payment. In the case of deferred payment, the period cannot exceed the terms set out in Article L443-1 of the Commercial Code : The payment terms are established based on customer type and the range of products supplied. Deferred payments cannot exceed the terms of the specified payment type.
5.3 Responsibility in Case of Non-Payment
The customer is notified that they will cover all financial, fiscal, civil, and criminal consequences in case of non-payment within the specified time frame. In the event of late payment, late fees may apply, in accordance with applicable legal provisions.
5.4 Late Payment
In case of late payment, late penalties will be applied at a rate of three times the legal interest rate. A fixed fee of 40 euros will also be due for collection costs, in accordance with Article L.441-10 of the Commercial Code.
5.5 Innovation & Eco-Responsibility Fee
Since 2012, a flat fee has been applied equitably to all of our customers. From 2024, this fee will change its name to "Innovation & Eco-Responsibility Fee." This fee is mandatory for all customers.
Purpose of the billing line
The fee is intended to support our efforts in the following areas :
- Development and implementation of CSR practices in our supply chain : product ranges from local sources, French origin, certified products, development of a range of alternative proteins…
- Investment in digital tools and innovations aimed at improving the services we offer, such as e-commerce platforms, automation systems, or digital solutions for customers.
- Compliance with environmental and technological requirements : This fee supports our efforts to meet new legal and regulatory requirements, whether ecological or technological.
Fee Amount
- The fixed fee is set at €1.29 excluding taxes.
- This amount has been in effect since January 1, 2023, and has not been revised since.
- An annual review of this fee is scheduled for April 1 each year, although adjustments are not mandatory.
Purposes
This fee is part of a collaborative initiative involving all stakeholders in our value chain — upstream with our suppliers and downstream with our customers. The objective is to pool resources and efforts to collectively meet new environmental and technological challenges.
This fee is part of a collaborative initiative involving all stakeholders in our value chain — upstream with our suppliers and downstream with our customers. The objective is to pool resources and efforts to collectively meet new environmental and technological challenges.
Customer Benefits
By contributing to this fee, our customers gain access to the following benefits :
By contributing to this fee, our customers gain access to the following benefits :
- Improved Product Traceability : Implementation of digital tools such as the new Business Central ERP (in operation since April 1, 2023), along with radio terminals and scanners to enhance inventory and logistics operations.
- More sustainable sourcing : Introduction of digital supplier assessments to promote more responsible practices. This ensures we work only with partners who share our values in terms of environmental and social responsibility, supporting our overall sustainability goals.
- Eco-responsible packaging : Adoption of new environmentally-friendly packaging, with ecological inks that pollute less and materials that are easily recyclable after use.
- Improving Services : Investment in digital solutions such as electronic invoicing and statement dematerialisation, simplifying communication and reducing our ecological footprint.
- This initiative promotes innovation and supports a transition towards more sustainable and responsible practices for the benefit of our entire customers and partners.
5.6 Payment by Direct Debit
Maison MEDELYS offers clients the option of direct debit according to the schedule agreed upon in the payment terms (section 5.2). This service simplifies both administrative and accounting processes for the client.
5.7 Payment by Bank Transfer
Payments may also be made by bank transfer to the account designated by Maison MEDELYS. Bank details will be provided on the invoice. Customers are required to reference the invoice number when making a payment to ensure proper processing.
5.8 Payment by Cheque
Cheque payments are no longer accepted unless expressly agreed upon in advance by Maison MEDELYS.
5.9 Payment in Cash
Cash payments are limited to a maximum of €1,000, in accordance with Decree 2015.741.
5.10 Late Payment
In accordance with Article L441-6 of the French Commercial Code, late payment penalties will be applied from the day following the due date indicated on the invoice. The interest rate applied will be at least three times the legal interest rate in effect. Additionally, a fixed penalty of €40 per invoice will be charged for late payments, in compliance with the amended LME law effective January 1, 2013. Maison MEDELYS reserves the right to suspend a customer's account from the first day of payment delay, without compensation for any goods that may not be delivered as a result.
5.11 Billing complaints
Any complaint regarding an invoice must be submitted in writing to Maison MEDELYS within 7 days of receipt. After this period, the invoice will be deemed accepted, and no further claims will be entertained.
5.9 Payment in Cash
Cash payments are limited to a maximum of €1,000, in accordance with Decree 2015.741.
5.10 Late Payment
In accordance with Article L441-6 of the French Commercial Code, late payment penalties will be applied from the day following the due date indicated on the invoice. The interest rate applied will be at least three times the legal interest rate in effect. Additionally, a fixed penalty of €40 per invoice will be charged for late payments, in compliance with the amended LME law effective January 1, 2013. Maison MEDELYS reserves the right to suspend a customer's account from the first day of payment delay, without compensation for any goods that may not be delivered as a result.
5.11 Billing complaints
Any complaint regarding an invoice must be submitted in writing to Maison MEDELYS within 7 days of receipt. After this period, the invoice will be deemed accepted, and no further claims will be entertained.
6. RETENTION OF TITLE
6.1 Ownership of Goods
All goods delivered by Maison MEDELYS remain its exclusive property until full payment, including applicable taxes, has been received. This retention of title applies to all transactions, whether involving perishable or non-perishable goods.
6.2 Transfer of Risk
Despite retaining ownership, Maison MEDELYS transfers the risk of loss, damage, or deterioration to the customer upon delivery. The customer assumes full responsibility for the goods upon receipt.
6.3 Customer Obligations
The customer agrees to :
- Store and handle the goods appropriately upon delivery.
- Refrain from reselling or transferring ownership of the goods until full payment has been made.
- Immediately notify Maison MEDELYS in the event of seizure, loss, or damage of the goods to allow appropriate action to protect ownership rights.
In the event of judicial liquidation or receivership proceedings involving the client, Maison MEDELYS reserves the right to reclaim any goods that have not been paid for, in accordance with applicable legal provisions. The client agrees to inform Maison MEDELYS of any proceedings that may affect their financial situation and potentially impact the payment of goods.
7. GOVERNING LAW AND JURISDICTION
7.1 Applicable Law
All transactions between Maison MEDELYS and the customer are governed exclusively by French law. This includes all rules related to the formation, execution, interpretation, termination, and cancellation of sales contracts. The customer expressly acknowledges that no foreign law shall apply, even if the customer resides outside France.
All transactions between Maison MEDELYS and the customer are governed exclusively by French law. This includes all rules related to the formation, execution, interpretation, termination, and cancellation of sales contracts. The customer expressly acknowledges that no foreign law shall apply, even if the customer resides outside France.
7.2 Jurisdiction
In the case of any legal dispute, the Commercial Court of Créteil shall have exclusive jurisdiction, regardless of the nature of the dispute (e.g., execution, interpretation, or termination of contract). This clause overrides any conflicting terms that may appear in the customer’s documentation, including contracts, purchase orders, or order confirmations.
7.3 Amicable Settlement
Before initiating legal proceedings, both parties commit to seeking an amicable resolution. The customer is encouraged to submit any complaints or disputes in writing to Maison MEDELYS, which will make reasonable efforts to resolve the matter in a timely manner.
Before initiating legal proceedings, both parties commit to seeking an amicable resolution. The customer is encouraged to submit any complaints or disputes in writing to Maison MEDELYS, which will make reasonable efforts to resolve the matter in a timely manner.
7.4 Dispute Notification
In the event of a dispute, the customer must notify Maison MEDELYS in writing, detailing the nature and circumstances of the issue, within 15 days of the event giving rise to the dispute. Claims made beyond this timeframe will be considered inadmissible.
In the event of a dispute, the customer must notify Maison MEDELYS in writing, detailing the nature and circumstances of the issue, within 15 days of the event giving rise to the dispute. Claims made beyond this timeframe will be considered inadmissible.
7.5 Enforcement of Court Rulings
Any ruling made by the Commercial Court of Créteil shall be enforceable, even in the case of an appeal, unless the court explicitly rules otherwise. The customer agrees to comply with and execute any such decision within the prescribed deadlines.
Any ruling made by the Commercial Court of Créteil shall be enforceable, even in the case of an appeal, unless the court explicitly rules otherwise. The customer agrees to comply with and execute any such decision within the prescribed deadlines.
7.6 Exclusive Jurisdiction Clause
The customer acknowledges and accepts that any jurisdiction clause referring to a court other than the Commercial Court of Créteil is null and void. This exclusive jurisdiction is intended to ensure legal clarity and consistency in commercial relations.
The customer acknowledges and accepts that any jurisdiction clause referring to a court other than the Commercial Court of Créteil is null and void. This exclusive jurisdiction is intended to ensure legal clarity and consistency in commercial relations.
7.7 International Sales
In the case of international sales or if the customer is based outside France, Maison MEDELYS reserves the right to apply French commercial law and relevant international conventions, including the Vienna Convention on Contracts for the International Sale of Goods (CISG).
In the case of international sales or if the customer is based outside France, Maison MEDELYS reserves the right to apply French commercial law and relevant international conventions, including the Vienna Convention on Contracts for the International Sale of Goods (CISG).
7.8 Binding Nature of Clause
The present clause on applicable law and jurisdiction is considered essential for the smooth running of the contractual relationship between Maison MEDELYS and the customer. Any dispute concerning the validity or execution of this clause will be settled by the Créteil Commercial Court.
The present clause on applicable law and jurisdiction is considered essential for the smooth running of the contractual relationship between Maison MEDELYS and the customer. Any dispute concerning the validity or execution of this clause will be settled by the Créteil Commercial Court.
8. TERMINATION OF COMMERCIAL RELATIONS
8.1 Right to cessation
Maison MEDELYS reserves the right to unilaterally terminate commercial relations with any customer, without notice or compensation, in the event of inappropriate or unusual behavior. This includes, but is not limited to, theft, verbal abuse, aggressive conduct, or repeated and serious contractual breaches.
8.2 Unacceptable Behavior
Examples of conduct that may result in termination include :
- Theft : Any attempted fraud or theft involving products, services, or information belonging to Maison MEDELYS.
- Verbal Abuse or Aggression : Any communication — written or verbal — that is insulting, threatening, or degrading toward Maison MEDELYS staff or representatives.
- Repeated Contractual Violations : Persistent breaches of the general terms of sale or specifically agreed-upon conditions.
8.3 Termination Procedure
In the event of termination, Maison MEDELYS will provide written notice to the customer, stating the reasons. All future obligations between the parties will cease, except for those that arose prior to termination.
8.4 Consequences of Termination
The termination of the commercial relationship will result in the following consequences :
- Order Suspension : All pending orders will be automatically cancelled, and no new orders will be accepted.
- Settlement of Outstanding Balances : The client agrees to settle any outstanding amounts owed to Maison MEDELYS within 15 days of receiving notice of termination.
- Return of Goods : The client must return any unpaid or unused products to Maison MEDELYS within 15 days of the termination notice.
8.5 Confidentiality
Termination of the commercial relationship does not release either party from their confidentiality obligations. The client agrees not to disclose any confidential information acquired during the course of the business relationship, even after its termination.
8.6 Appeal in Case of Unjustified Termination
The client reserves the right to dispute the termination if they believe it to be abusive or unfounded. In such cases, the client must send a registered letter with acknowledgement of receipt to Maison MEDELYS within 15 days of the termination notice. Maison MEDELYS will review the situation and provide a response within 30 days.
8.7 Binding Nature of the Clause
This clause is considered essential to maintaining a respectful and healthy commercial relationship between Maison MEDELYS and the client. Maison MEDELYS reserves the right to enforce this clause without the obligation to justify its decisions beyond the reasons outlined above.
Last updated on MM/JJ/2025