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GENERAL TERMS AND CONDITIONS OF SALE

1 – GENERAL POINTS

1-1 Unless expressly agreed in writing by us, our sales are subject to the following general terms and conditions, which cancel any contrary clause appearing in the purchase orders, general terms and conditions of purchase or correspondence of our customer.

1-2 The information contained in our catalogues, prospectus, etc. is provided for information only and may not in any way be considered an offer on our part. The goods offered for sale in our catalogues and on our website www.comatec.fr are described and presented as accurately as possible. However, if despite our best efforts, errors occur, no compensation shall be paid to the customer on account of this.

1-3 Our sales are exclusively reserved for professionals, acting within their professional capacity, to the exclusion of all sales to consumers.

2 – ORDERS

2-1 We reserve the right to amend these general terms and conditions at any time and without prior notice. The general terms and conditions applicable to the customer shall be those appearing in our catalogues or on our website on the date the customer places the order.

2-2 Samples of goods can be sent to the customer upon request. We reserve the right to invoice these samples according to the quantity and destination.

3 – AVAILABILITY

3-1 The products in our catalogues and on our website are subject to availability.

3-2 In this regard, information on goods availability shall be provided to the customer at the time of ordering. We shall not be held liable for any error relating to availability. If the goods ordered are not available, we shall inform the customer immediately by telephone, email or fax.

4 – DELIVERY / DEADLINES / COMPLIANCE

4-1 The delivery terms depend on the destination country and the nature and volume of the order.

4-2 Goods shall be delivered within mainland France within around 72 hours (3 working days) for orders placed before 1pm. The customer must contact us to arrange express delivery within 24 or 48 hours (at an additional cost) and for delivery to any island, French overseas department or territory or abroad. Our delivery deadlines are provided for information only. Orders may not be cancelled or the goods declined in case of possible delay and no damages shall be paid.

4-3 We reserve the right to deliver in instalments.

4-4 A delivery note shall be provided to the customer to be signed on collection and/or delivery of the goods.

4-5 On delivery and in the presence of the carrier, the customer must check the packages (poorly wrapped or torn pallets, damaged packages, poorly loaded, etc.). In case of damage, written reservations must be provided to the carrier on the delivery note. The customer must inform the carrier of the reservations recorded on the delivery note and any new reservations by registered letter with acknowledgment of receipt within three (3) days, excluding bank holidays, in order to take action against the carrier under the terms of article 133-3 of the French Commercial Code.

5 – GUARANTEE / COMPLAINT / NON-COMPLIANCE

5-1 The customer must check the compliance of the goods delivered within 72 hours of receipt. In the absence of written complaint (by email) within this deadline, the customer shall be deemed to have acknowledged the compliance of the goods with the order. We shall not guarantee any defect on which the customer fails to act within the 72-hour deadline.

5-2 In case of non-compliance, the customer must send, within the aforementioned 72 hours, a complaint specifying the item(s) concerned, the nature of the defect, the quantity concerned, the batch or box number and photos.

5-3 The customer must retain at his own expense all or part of the non-compliant goods until we collect them or until we authorise their destruction.

5-4 The prior agreement of our commercial services is necessary prior to any return of non-complaint and/or defective goods. The costs for returning the non-complaint and/or defective goods shall be borne by us.

5-5 In case of non-compliant goods, we shall draw up credit note on receipt of the returned goods to our services exclusively on one or more wrapped pallets.

5-6 We shall not be held liable for any indirect damages whatsoever suffered by the customer, including but not limited to, loss of revenue, turnover, shortfall, damage to brand image.

5-7 In all cases, our liability shall be limited to the amount paid by the customer for the non-compliant goods.

5-8 Any action by the customer against us in relation to the compliance of goods shall be lodged within one year of the date of the discovery giving rise to the action.

5-9 All other returns must be agreed in advance. Please contact us for terms and conditions.

6– RETENTION OF TITLE

6-1 We retain ownership of the goods delivered until all sums of any kind owed by the customer have been collected. However, the customer as custodian of the goods, assumes liability and covers any risks.

6-2 The customer must insure the goods of which he is custodian and provide the corresponding insurance certificate on request.

6-3 We may, automatically, in case of payment issue, demand the return of the goods delivered, at the cost and risk of the defaulting customer, without formal notice. The sale shall be automatically terminated and the instalments already paid forfeited to us in return for the use of the goods, which the customer will have enjoyed.

6-4 If any claim is made, the goods in stock with the customer shall be deemed to correspond to the most recent invoices.

6-5 If the goods have been resold, the original customer shall be deemed to have completed this sale on our behalf, as representative, selling the goods and collecting the sale price in our name and on our behalf.

7 – PRICE

7-1 All our prices are provided net, in euros, excluding taxes, including packaging, for dispatch from our warehouses. VAT at the rate in force on the invoice date shall be applied to all our prices, unless legally exempt from VAT.

7-2 Discounts or rebates agreed with the customer on any goods purchase shall only be deemed applied after full payment by the customer of all sums owed to us. Any possible invoice dispute must be sent to us by registered letter with acknowledgement of receipt within 5 days of receipt by the customer; otherwise the invoice shall be deemed to have been definitively accepted by the customer.

8 – PAYMENT METHODS

8-1 Unless agreed to the contrary by our accounts department, invoices must be paid by debit/credit card or bank transfer prior to delivery. With the agreement of our accounts department, we can accept payment within 30 days, by transfer or debit/credit card.

8-2 No discount shall be offered to the customer for early payment, in the absence of exceptional agreement.

8-3 In no case may the customer on his own initiative offset sums owed to him against sums owed to us for the purchase of goods.

8-4 We may at any time offset sums owed to the customer as discounts or rebates against sums owed to us.

9 – LATE / MISSING PAYMENT

9-1 Any delay in payment authorises us to suspend all current orders and deliveries and amend the terms agreed prior to the issue, without prejudice to any other course of action.

9-2 Any delay in payment, in the absence of exceptional deferment agreed in writing, shall lead to the automatic issuing of a late payment penalty equal to three time the legal interest rate in force, as well as a flat-rate penalty for recovery costs of 40 euros. The late payment interest runs from the payment due date to the collection date.

9-3 Failure to pay a single invoice on its due date shall lead to all our invoices becoming immediately payable.

9-4 Any invoice recovered through the courts may, by way of a penalty within the meaning of article 1229 of the [French] Civil Code, have compensation added to it fixed at the flat-rate of 10% of the outstanding sum, in addition to the legal recovery costs and late-payment interest. All legal and/or court costs resulting from late payment shall be borne by the customer.

10 – FORCE MAJEURE

10-1 We reserve the right to suspend and/or cancel orders without compensation in case of force majeure preventing normal operation.

10-2 Events of full strike, lock-out, fire, flood, damage to equipment, riot, delayed delivery from our suppliers, loss of driving power, either by us or our suppliers or carriers, shall be deemed to be cases of force majeure, even if only partial.

11 – LIABILITY

The goods offered comply with the French legislation in force and with the standards applicable in France. We shall not be held liable for imports of our goods to third party countries. It is the responsibility of the customer to ensure that our goods comply with local import or usage regulations.

12 – TERMINATION CLAUSE

We can demand the termination of the order if the customer breaches any one of his commitments. In this case, we must give the customer formal notice, by registered letter with acknowledgment of receipt, to respect his commitments, giving him fifteen days to do so. On expiry of this deadline, if the customer has not complied with his obligations, we can confirm the termination of the order also by registered letter with acknowledgment of receipt.

13 – INTELLECTUAL PROPERTY

The customer undertakes not to depreciate or damage, in any way whatsoever, the brands, logos and other distinctive marks appearing on our goods. We alone own the intellectual property rights (designs and models, copyrights, etc.) appearing on the goods. No provision hereof or sale of goods can be deemed as transferring the intellectual property rights for the goods to the customer, unless stipulated to the contrary, and duly agreed by us. The customer is prohibited from placing any intellectual property right on the goods in France or abroad. Prosecution for counterfeiting shall be brought against any reproduction or imitation of the goods without our authorisation in accordance with the provisions of the French Intellectual Property Code.

14 – DATA PROTECTION

As part of our activities, we may be required to collect and process certain personal data on natural persons. In accordance with the law of 6 January 1978 on data protection, the customer has the right to access, amend, rectify and delete his data. To exercise this right, the customer can contact us by email: contact@comatec.fr or by mail: COMATEC, ZI Lannolier, Bd François - Xavier Fafeur, 11000 Carcassonne, France.

15 – CONFIDENTIALITY

The customer undertakes to keep all the information and documents we send him within the context of these general terms and conditions confidential and not to disclose them to third parties without our prior agreement. This confidentiality commitment shall remain valid during commercial relations and at the end of these relations for a period of five (5) years.

16 – DISPUTES

These general terms and conditions shall be subject to French law, the parties having expressly agreed to exclude the provisions of the international Vienna Convention of 1980 on the international sale of goods. For all disputes, and in the absence of amicable agreement, only the courts of our registered office shall be competent to hear the dispute, irrespective of the delivery location, even in case of multiple defendants or the introduction of third parties.

17 – MISCELLANEOUS

17-1 Any amendment to these general terms and conditions shall take place by means of written amendment signed by us and the customer.

17-2 In case of contradiction between these terms and conditions and a translation in a foreign language, only the French version shall prevail.