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GENERAL TERMS & CONDITIONS
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GENERAL TERMS & CONDITIONS

                                                                         

GENERAL CONDITIONS OF SALE

 

ARTICLE 1 - Scope - Opposability

The seller is the company LE DELAS, SAS with a capital of €244,800, whose head office is located at 1, avenue de Normandie, PLA 184, 94597 RUNGIS CEDEX 2, registered 701 054 777 RCS CRETEIL, having SIRET number 701 054 777 00043 and identified under the Intracommunity VAT number FR 61701054777, Tel 01 45 12 38 38, email: info@ledelas.fr.

These general conditions of sale define the rights and obligations of each of the parties in the context of the sale of all products offered by LE DELAS, they apply to all orders placed by a professional buyer (hereinafter the customer) for the needs of his professional activity, to the exclusion of any consumer or non-professional. They constitute, in accordance with Article L 441-6 of the Commercial Code, the sole basis of the commercial relationship between the parties. These can be viewed on the LE DELAS website, via a QR code on LE DELAS invoices and are systematically communicated to any professional who requests it.

The placing of any order by telephone, email or online on the website shop.ledelas.fr or any purchase in store implies their knowledge and their unreserved acceptance by the customer, which prevail over any general conditions of purchase or other documents from the client, not previously accepted in writing by LE DELAS. No tolerance on the application of the provisions of these conditions can be interpreted as a waiver by LE DELAS to avail itself of them later.

The Seller reserves the right to adapt or modify its general conditions of sale at any time. Only those in force when the order is taken will be applicable. It is up to the Customer to refer to the latest version of the General Conditions of Sale permanently available on the site before any new order.

Article n°2: Customer account

Before any first online order on the Internet, the Customer must make a request to open a professional account by clicking on “create an account” then “create your account”. He is invited to complete an online form, indicating in particular his SIRET number, only professional buyers can buy from the company LE DELAS. He is invited by email to send a Kbis of less than 3 months, a bank details, his intra-community VAT number and his useful contacts. A check of the information received is carried out by Le Delas. The customer receives a password (modifiable) in order to identify himself directly on the website with his e-mail address. In case of loss of his password, the Customer can click on "Forgotten password" in order to recover his password.

By creating his customer space on the website, the Customer undertakes to provide accurate, complete information and to regularly update all the data communicated. The customer number assigned to the customer is strictly confidential. The password chosen by the customer must be kept secret by the latter. In case of fraudulent use of the identifier by a third party, it is up to the customer to inform LE DELAS without delay.

Article 3. – Orders

3.1 The customer can place an order by telephone via the telesales service on 01 45 12 38 00 or via the answering machine on 01 46 86 92 38, by email at the address: commande@ledelas.fr, via the LE DELAS website or directly in store located at 1, avenue de Normandie, 94150 RUNGIS on opening days and times.

3.2 For on-site orders, the customer helps himself freely in the store and pays for his products at the checkout after presenting his MIN buyer's card or any other document proving his status as a professional.

3.3 For remote orders, the product offers offered by LE DELAS are offered subject to available stocks and subject to LE DELAS being supplied by its producers and suppliers.
To place an order on the website, the customer follows the various steps scrolling on the site. When the customer has validated his basket, he is invited to tick the box "I have read and I accept the general conditions of sale - Order with payment obligation", choose his delivery method, then click on "validate my order ". The Validation of the order is equivalent to an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.

Pursuant to article 1127-2 of the Civil Code, the Customer may preview his order, in the form of a summary displaying the total price and standard delivery costs. He can modify his basket or his delivery address or cancel his order as long as he has not clicked on "confirm my order" to definitively confirm his order. On the other hand, as soon as the Customer has ticked the box relating to the acknowledgment and acceptance of the general conditions of sale and has clicked on "validate the order", he can no longer modify his online order, which becomes final at respect.

The fact that the customer places an order by telephone, email or Internet obliges the latter to pay for it.

After any order placed on the Internet, by e-mail or by telephone, LE DELAS confirms it by e-mail to the e-mail address provided by the customer, as soon as possible and at the latest at the time of delivery. Upon receipt of the order confirmation, it is the customer's responsibility to verify the accuracy of the order and immediately report any errors by return e-mail. A digital invoice is sent by e-mail to the customer upon delivery of the order.

Notwithstanding the automatic confirmation that the customer's order has been taken into account, it only becomes definitive with regard to the seller after verification of the availability of the products ordered and effective receipt by the seller of the full price of the order.
In case of unavailability of a product, LE DELAS undertakes to inform the customer in writing as soon as possible. The unavailability of a product cannot give rise to any penalties, damages or replacement costs. In the event of unavailability, LE DELAS may make partial deliveries, the unavailable products not being invoiced, or offer, with the customer's agreement, substitute products.

The seller reserves the right to refuse any new order from a customer with whom there is or has been a dispute regarding the payment of a previous order or regarding repeated requests for reimbursement for non-proven delivery or non-conformity defects.
When the order cannot be honored by the seller for one of the reasons referred to above, the customer will be informed by email as soon as possible and no later than the scheduled day of delivery. LE DELAS will reimburse the customer no later than fourteen days from the cancellation of the order by the seller.

3.4 Unless proven otherwise, the data recorded on the LE DELAS computer system constitutes proof of all transactions between the seller and the customer.

Article 4. – Price

4.1 Product prices include preparation and packaging costs and are those in effect on the day the order is taken. The prices are denominated in euros and presented excluding taxes. These prices are firm and definitive. LE DELAS reserves the right to modify its prices at any time. On the other hand, LE DELAS undertakes to invoice the goods ordered at the prices indicated when the order is registered.
LE DELAS draws up an invoice in duplicate, one of which is delivered to the customer and the other is kept in its archives. The invoice mentions the information referred to in Article L. 441-3 of the Commercial Code.

4.2 The price of the products does not include the cost of delivery, which is invoiced in addition. Similarly, any tax, duty, duty or other service generated for the export of products to a country other than France remains the responsibility of the customer. The delivery costs applicable on the day of the order are displayed on the website or communicated by any means to the customer before validation of his order.
On-site orders do not include delivery charges.

Article 5. – Terms of payment

5.1 The products are payable in cash at checkout in store or according to the payment terms associated with the account and defined between the seller and the buyer. Payments made by the Customer will only be considered final after effective collection of the sums due by the seller.

5.2 In the event of total or partial late payment, due in particular to a bank rejection, penalties per day of delay calculated at the rate of three times the legal interest rate in force on the amount including tax of the price of the order appearing on the invoice will be acquired automatically and automatically by the seller, without any formality or prior formal notice, and without prejudice to any other action that the seller would be entitled to bring in this regard against the customer. Pursuant to Article D. 441-5 of the Commercial Code, the customer will also be automatically liable for a lump sum indemnity for recovery costs of 40 euros per unpaid invoice. These sums may be offset against any sum due to the customer by LE DELAS.
LE DELAS also reserves the right to demand, as a penalty clause, compensation equal to 15% of the amount unpaid on the due date with a minimum of 8 euros, in addition to payment by the customer of all litigation costs. which could be exposed by LE DELAS and which cover in particular the costs of justice, commissioner of justice and lawyer.
Partial payments are deemed to be applied in priority to late payment penalties, indemnities, interest, costs incurred for recovery and the oldest receivables.

5.3 In the event of non-payment of a single invoice on its due date, LE DELAS may ipso jure, by this sole fact and without the need for prior formal notice and without prejudice to any damages, immediately suspend or cancel all orders in progress, without the customer being able to claim damages.

5.4 Automatic deductions or price reductions made by the customer on the amount invoiced (in particular penalties) and all compensation, not authorized in advance and in writing by LE DELAS, LE DELAS cannot in no case being opposed to a "tacit" acceptance of a compensation or deduction made unilaterally by the customer.

Article 6. – Deliveries

6.1 For all in-store sales, the delivery of the products means upon payment by the customer at checkout. For online sales on the Internet or sales by telephone or email, the delivery of the products takes place as soon as the products are made available to the customer at the drive service or at the LE DELAS loading dock in the event of delivery by transport. The store's drive service allows customers to collect their order Monday to Friday from midnight to 3:30 p.m. and Saturday from midnight to 6 a.m.

6.2 Any remote order placed on a working day before midnight can be dispatched the first following working day, according to the wishes of the customer. Sundays and public holidays are considered non-working days.
In case of non-respect of the expected shipping date, the order will not be canceled. The seller will inform the customer of this delay by telephone or email. In the event of a shipping delay of more than 2 days, the customer may decide to cancel his order and must inform the seller in writing as soon as possible. In the event that the order has not yet been dispatched upon receipt of the cancellation notice from the customer, delivery will then be blocked and the customer reimbursed for any sums debited within 14 days of receipt of said notice. cancellation. In the event that the order has already been shipped, the customer may refuse the package, the return costs being borne by the seller.

6.3 For any delivery by transport, the seller has the products delivered by the carrier of his choice to the delivery address mentioned by the customer when ordering, provided that this address is real and accessible. It is up to the customer to indicate when ordering the particularities of access (elevator, access code, pedestrian zone, etc.). The information provided by the customer when placing the order (including name and delivery address) is binding on the customer.

The transport times mentioned on the website and during the validation of the order are indicative and without guarantee. In case of late delivery, it is up to the customer to inform the seller by email at info@ledelas.fr as soon as possible from the date on which the products should have been delivered, in order to allow the seller to diligent an inquiry with the mandated carrier. Delays in delivery, whatever the cause or the importance and the consequences, cannot in any case allow the customer (regardless of the products concerned) to unilaterally deduct an indemnity or penalties from the price of the products without written agreement of LE DELAS.

6.4 Upon receipt of the products ordered, the customer signs the carrier's delivery slip, which serves as proof of the actual delivery of the order.
It is up to the Customer to check the conformity of the products delivered upon receipt and, in the event of a missing or damaged product or an anomaly in the delivery (torn, open packaging, missing or damaged products, erroneous reference, storage temperature problems, etc.), to make all the necessary reservations on the carrier's delivery note.
In the event of non-compliant products, in addition to complaints to the carrier in accordance with legal requirements, the customer must formulate in writing to LE DELAS any reservations or refusal of the products, specifying the reasons and recalling the precise references of the products concerned, in within 24 hours of receipt of the products. In the absence of completion of these formalities, no claim for defects reasonably detectable on delivery will be valid.
For any complaint, it will be up to the customer, for it to be taken into account, to provide any justification as to the reality of the damage, shortages, defects, or non-conformities declared, in particular by providing LE DELAS with all necessary information on the DLUO or the DLC, the batch numbers of the products concerned, all elements of traceability of the products, and to leave LE DELAS, its carrier or any other person authorized by them, any facility to proceed with their observation.

Article 7. – Transfer of ownership – Transfer of risks

7.1 LE DELAS reserves ownership of the products sold until full payment of their price, in principal, interest and accessories, the simple delivery of a draft or title creating an obligation to pay does not constitute payment. Payment will be deemed to have been made upon actual receipt of the price.
The customer is authorized, as part of the normal operation of his establishment, to resell the products purchased from LE DELAS; in the event of resale, he then assigns to LE DELAS all receivables arising for his benefit on resale to the third-party purchaser.
In the event of non-payment of a due date by the customer, LE DELAS, without losing any other of its rights, may demand, by registered letter with acknowledgment of receipt, the return of the goods at the expense and risk of the customer. LE DELAS may unilaterally and immediately draw up an inventory of unpaid goods held by the customer. Products in stock are presumed to be unpaid.

7.2 For in-store sales, the transfer of risk takes place upon payment of the products by the customer at checkout.

For online sales on the Internet, by email or by telephone, the transfer of risk occurs as soon as the products are loaded by the customer at the drive service, or as soon as the products are made available at the loading dock of LE DELAS in the event of delivery. by transport, the products being sold Exworks (Rungis loading dock). The risks of loss or deterioration of the products during loading, transport and final delivery to the customer are fully borne by the customer, notwithstanding the fact that the transport is organized by LE DELAS.

The customer will be held responsible for any destruction, loss or deterioration of the products, and for any damage caused by the products, which may occur after the products have been made available to the carrier and in particular during storage, handling or transport operations. to the customer's place of delivery.

The customer must, at any request from LE DELAS, justify having subscribed for the goods which he does not hold as owner an insurance policy on behalf of whom he will belong guaranteeing the risks of civil liability, fire, explosion, theft, and generally against all risks that the products may run and/or cause as soon as they are made available.

Article 8. – Product warranty

The photographs appearing on the Internet and illustrating the products offered for sale by LE DELAS do not enter into the contractual field.

LE DELAS guarantees (up to the DLUO or DLC for products with such a date) that the products delivered comply in all respects with the characteristics/qualities described on its website, its catalogues, commercial offers, packaging, labeling, and that they have been grown, processed, manufactured, packaged, packaged, labelled, stored and preserved in strict compliance with French and European laws, regulations and standards. The products sold by LE DELAS are guaranteed against hidden defects rendering the products unsuitable for their intended purpose.

It will be up to the customer, so that his complaint is taken into account, whatever the reason and the foundation, to provide all justifications and to leave all facilities to LE DELAS to proceed to the observation of the defects of conformity or latent defects.

Any guarantee, contractual or legal, is strictly excluded and the responsibility of LE DELAS can in no way be called into question, after unpacking, transformation, repackaging or more generally after modification of any kind by the customer or a third party. (in particular by incorporation or mixing with another product) of the delivered products. The preservation of the intrinsic quality of the products is subject to strict compliance with the storage conditions indicated on the packaging labels. Any warranty, contractual or legal, is also excluded in the event of defects in the product resulting from use or resale that does not comply with the conditions of use of this product (for example in the event of consumption or resale of the product beyond of the DLC or DLUO), non-compliance with the storage conditions of the product, non-compliance with standards other than French and European regulations, the customer assuming sole responsibility for ensuring the compliance of the products sold by LE DELAS to any regulations applicable in the territories where it intends to directly or indirectly market the products purchased.

The customer is solely responsible for the choice of products. It is up to the customer alone to check that the products, their packaging and their packaging are suitable for the use he intends to make of them, in particular with a view to the manufacture of intermediate products or finished products, LE DELAS assuming no obligation advice in this regard.

Article 9. – Consequences of complaints – Liability

In the event of missing items, damage, apparent defect, lack of conformity of the products delivered which are entirely attributable to the seller, the latter undertakes to reimburse the price of the products paid or to replace them at his expense as soon as possible. This repair is exclusive of any other repair such as a request for penalties, price reduction or damages.
In the event of a hidden defect, complaints will be subject to compliance with the legal conditions of the French civil code applicable to the guarantee of hidden defects. However, professional customers with the same specialty as LE DELAS must send their complaint to LE DELAS by email within a maximum period of 2 working days from the discovery of the defect. Beyond this period, no complaint will be accepted. In addition, the repair due to the professional customer of the same specialty as LE DELAS is limited to the replacement of the products or the cancellation of the order, excluding all damages and interest or reduction in price.

LE DELAS cannot under any circumstances be held liable for compensation for consequential damages such as, in particular, operating losses, loss of customers, damage to brand image, whatever the reason or basis for the claim.

Article 10. – Force majeure

LE DELAS cannot be held responsible, and the customer cannot claim any compensation for this fact, in the event of total or partial non-performance of its contractual obligations if this is due to a case of force majeure within the meaning of the article 1218 of the Civil Code, such as strikes or other industrial action, failure to deliver by suppliers or subcontractors, bad weather, natural disasters, attacks, etc.

Article 11. – Customer service

For any question or difficulty, the customer can contact customer service by telephone on 03 1 45 12 38 38 from Monday to Friday from midnight to 6 pm and Saturday from midnight to 6 am, or by e-mail at the following address: info @ledelas.fr.

Article 12. – Applicable law – Disputes

These general conditions of sale as well as all relations between LE DELAS and the customer are subject to French law, which alone is applicable.
 

In the event of a dispute or dispute between LE DELAS and a customer concerning the validity, interpretation and execution of these general conditions of sale as well as any dispute or dispute relating to an order for products from LE DELAS or its consequences, the jurisdiction exclusive is assigned to the Commercial Court of CRETEIL, notwithstanding the plurality of defendants or a call in guarantee.

Article 13 - Personal data

The person responsible for processing personal data within LE DELAS is Julien Khaodomiciled at the registered office of LE DELAS mentioned in article 1 hereof and can be contacted in writing at the address of the company's registered office, by telephone at +33 1 45 12 38 38 or by email to the following address: j.khao@ledelas.fr

The personal information communicated is recorded by the seller in a computerized file. All the information collected by the LE DELAS site from the customer is subject to computer processing intended for the processing of the online order and subsequent contractual obligations, such as guarantees. Customer orders are also archived in a computerized file.

The personal data that the customer is likely to communicate to LE DELAS will only be used for the following purposes: the processing of his order, the dissemination of commercial information concerning LE DELAS, the management of the customer relationship or commercial prospecting. The retention period for personal data is set at 5 years, from the end of the commercial relationship, unless a longer retention period is authorized or imposed under a legal or regulatory obligation.

Access to the customer's personal data is strictly limited to the seller's staff and, where applicable, its subcontractors or carriers, who may only use this data in accordance with the seller's contractual provisions and applicable legislation. Apart from these third parties, the seller undertakes not to sell, rent, assign or give access to third parties to the customer's data without the latter's prior consent, unless forced to do so for a reason legitimate (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.).

The customer has the right to access, rectify or delete his personal data, which is exercised with the data controller mentioned above. He also has the right to request a limitation of the processing of his personal data or to oppose the processing of his personal data and the right to the portability of his data. Any request in this respect must be made in writing to the LE DELAS processing manager and with the production of valid proof of identity. The customer also has the option of lodging a complaint with the CNIL on the website www.cnil.fr or by mail to the address: CNIL – 3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07, s he considers that the protection of his personal data has not been ensured by the controller of LE DELAS.

LE DELAS implements means intended to ensure the security of the files created from the personal data collected on the Site. However, LE DELAS does not control the risks related to the functioning of the Internet and draws the attention of Internet users to the existence of possible risks in terms of confidentiality of the data passing through this network and declines all responsibility attached to this risk.