ARTICLE 1 – PAPLICATION CHAMPS
The purpose of these General Terms and Conditions is to define the general provisions applicable to all contracts entered into by Segetex-eif with customers.
In accordance with Article L.441-6 of the Commercial Code, they form the sole basis of trade negotiations and are prevalent on terms and conditions of purchase.
ARTICLE 2 – COMMITTED
2.1 product prescribe
Segetex-eif prescribes products that meet the needs of the customer and the customer must participate in this selection and is solely responsible for errors or errors committed in this capacity.
2.2 Method of placing an order
The validity of a quote is 30 calendar days. After this period, the commercial offer is limited and Segetex-eif is not required to maintain this order.
The acceptance of the quotation by the customer is valid for the final validation of products, prices and general terms of sale. The contract between the two parties is definitely formed.
Any order placed by the customer will be immediately considered firm and final. No order can therefore be modified or cancelled without a written agreement of Segetex-eif.
Any order sent by the customer to Segetex-eif implies full adherence to these CGVs which prevail over any contrary provision from the customer, regardless of the time that they have been notified to Segetex-eif.
Segetex-eif reserves the right to refuse any order for legitimate reasons and in particular in case the ordered quantities are abnormally high compared to the quantities usually ordered by customers as professionals.
2.3 Product documentation
Technical characteristics and data and all product information:
packaging, dimensions, weight, pictures, graphics presented on Segetex-eif sales media (Technical files, catalogues, brochures, website) have only an informative, indicative and non-contractual value.
2.4 Availability of Products
Assuming that Segetex-eif is unable to provide one or more product references to the customer, it will notify the customer, as soon as possible, and will make its best efforts to replace the products concerned with similar or close references. Segetex-eif agrees to communicate, as best possible, to the customer the date of delivery of substitute products. This product replacement does not open the right to the penalty allocation or damages. In the case that certain products of an order are pending reassortment. Where applicable, shipping times may be extended. The customer will be informed as soon as possible. To the extent possible Segetex-eif is committed to providing the expected replenishment date.
ARTICLE 3 – DELIVERY/RECEPTION
3.1 Delivery conditions
Transport companies are selected by Segetex-eif. The standard delivery times are 3 to 5 working days (France Métropolitaine hors DOM TOM and Corse) from the order. The default Incoterms are DAP.
In Metropolitan France (excluding DOM TOM and Corsica): for any order less than the existing Franco, delivery costs of 50,00 € HT will be applied. DOM/TOM, Corsica: consult us.
3.2 Receipt of goods
The customer is required to ensure receipt of the products. It must therefore be present at the place and day of delivery and provide for the handling of products delivered.
In the event of unjustified refusal of the goods by the customer, costs may be charged.
In accordance with the terms and conditions of the Trade Code (Articles 103 et seq.), The number and condition of the parcels will be checked by the customer or his agent upon receipt of the goods.
In the event of missing, deteriorated or non-compliance, the claims on apparent defects must be made clearly by the customer in writing, on the copy of the carrier’s receipt upon receipt of the ordered products. It shall include all necessary reservations.
These claims must be doubled by a registered letter to Segetex-eif's commercial service within 48 hours of receipt of the products.
The customer will then have to provide the lot number of the said product and provide supporting documents (photos,...) regarding the reality of defects, defects found or missing, Segetex-eif reserving the right to make any observations and verification on site.
Otherwise, the customer is deemed to have accepted the products without reservation.
3.3 Return of Products
The return of product can only be made in case of deteriorated products or non-compliance with apparent defects and must be made within 30 days of the date of delivery of the order.
If Segetex-eif's quality service confirms the non-compliance of the said products, then the customer can get an exchange or an asset.
The return of non-compliant products is subject to the prior acceptance of Segetex-eif.
Without this agreement, any returned product will be denied to the carrier and will not result in the establishment of an exchange or asset.
The customer must provide the lot number of the product, the date of the order and must provide supporting documents (photos,...) regarding the reality of defects.
The returned products must be in their original packagings not open, in good condition and without registration. Otherwise no assets may be issued and no exchanges may be made.
Segetex-eif does not return the products in case of unsold.
ARTICLE 4 – DELAISON
The delivery times of the products are indicated as precisely as possible. In any case, these deadlines are given only as strictly indicative, unless Segetex-eif has written commitments on firm dates.
As a result, unless Segetex-eif fails to do so, any delay in the availability of the products will not be possible for the benefit of the customer to the compensation of damages, the allocation of penalties and the cancellation of the order.
Deliveries are made based on availability, Segetex-eif cannot be held liable for partial delivery due to a stock shortage or a temporary, definitive or in the event of a major force such as the carrier strike, fire, flooding...
In the case of a Segetex-eif provisional rupture, the company undertakes to ship the missing product to you later after informing the service concerned according to the conditions heard with the customer.
ARTICLE 5 – EXCEPTIONAL PRICES AND REVISION
The Products are provided at the prices in force at the time of the order being placed in euros and agree to be tax-free.
Prices in an offer are always given for information purposes, subject to changes in the Segetex-eif tariff.
5.2 Extraordinary price revision
The rates applied by Segetex-eif were established according to the economic conditions known at the date of their edition (including exchange rates of the euro, transport costs, costs of raw materials, taxes, ...).
According to Article 1195 of the Civil Code, in the event of changes to these economic conditions, Segetex-eif will be authorized to re-evaluate its tariffs.
In the event of an occurrence of unpredictable or excluded events by the forecasts allowed by the Parties and which would have the effect of changing the economic bases of the estimate, special conditions or contract, Segetex-eif reserves the right to review its tariffs without notice.
ARTICLE 6 – REGULATION CONDITIONS
The payment of the invoice must be paid in full according to the agreements and terms and conditions of payment made by the Segetex-eif commercial service and the customer.
No discount will be granted in case of advance payment.
Any amount not paid at the end of the invoice shall, as of the day following the due date of payment, result in an immediate delay penalty, without a reminder required from Segetex-eif.
In accordance with Article L441-6 of the Trade Code, delay penalties are equal to the legal interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points. In addition, according to Decree No.2012-1115 of 2 October 2012, an additional lump sum allowance will be applied for recovery costs set at 40 €.
Segetex-eif reserves the right in the event of a default in payment of an invoice that has expired to suspend current order deliveries until the payment incident is finalized.
The regulations are made in euros, preferably by transfer or sampling. The cheque payment is a specific agreement between Segetex-eif and the client.
ARTICLE 7 – RESPONSIBILITY
The products proposed by Segetex-eif comply with the applicable French and European legislation.
Segetex-eif cannot be held responsible for the choice of products selected by the customer, especially in relation to its characteristics with respect to the needs defined by the end user.
Segetex-eif cannot be held responsible for the direct or indirect consequences related to the use of products.
In any event, Segetex-eif may not be liable for defects and damages of the products stored under abnormal or non-compliant conditions of conservation and/or use after delivery.
ARTICLE 8 – RESERVATION OF PROPRIET
In accordance with Act No. 80355 of 12 May 1980, the products remain the property of Segetex-eif until the full payment of the customer.
For any use of trademarks, logos, photos or any other intellectual property rights, the customer must first request a written permission in Segetex-eif. This application will be accepted only if the purpose is to promote resale of products under conditions in agreement with
ARTICLE 9 – LITIGE
Failing to find an amicable solution, any dispute relating to these conditions shall be submitted to the competent court of the jurisdiction of Segetex-eif head office, the Creteil Trade Tribunal