General terms and conditions of sale
ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE:
Any order implies full and unreserved acceptance by the buyer of these general conditions of sale. Any contrary condition set by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller. The fact that the seller does not take advantage at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
ARTICLE 2 - ORDERS:
Any new client must present a K-Bis extract less than three months old or an official title proving your professional status.
Labophyto reserves the right to accept or refuse any order without notice. The products remain the property of Labophyto until full payment of the invoice.
Orders addressed to LABOPHYTO or its representatives imply in any case the acceptance of these conditions of sale. Orders validated on the labophyto.com website are binding.
LABOPHYTO undertakes to honor orders placed within the limits of available stocks on the date of the order. No compensation may be demanded by the buyer in the event of out of stock other than the reimbursement of products ordered out of stock. LABOPHYTO reserves the right not to honor all or part of an order if certain objective criteria for marketing the products sold to the end consumer (storage and demonstration conditions ensuring the integrity of the products, advice and customer service in particular) do not seem to him to be insured by the buyer. It is nevertheless recalled that LABOPHYTO cannot be held responsible for breaches by a buyer of its regulatory obligations.
ARTICLE 3 – EXPORT:
In addition to the general conditions of sale, fully applicable to orders intended for export, special conditions may apply to said orders and be the subject of a dedicated contract between LABOPHYTO and the importer (and/or its possible forwarding agent ). The buyer is responsible for compliance with the regulations applicable in the territory in which he intends to market the products. Deliveries are made Ex Works (Incoterm EXW): the buyer bears the extraordinary costs of transport costs, customs fees and bears the risks associated with the transport of the goods to their final destination.
In addition, LABOPHYTO reserves the right in specific cases, depending on the destination, to ask the buyer to collect the goods, and this at the buyer's expense, directly at the LABOPHYTO depot.
ARTICLE 4 – CATALOGS AND PROSPECTUS:
Notices, prospectuses, leaflets, catalogs cannot be considered as binding offers from the seller. It reserves the right to make any modification to these products at any time that it deems useful, and without obligation to modify the products previously delivered or being delivered. LABOPHYTO reserves the right to propose different conditions and promotional offers on the website www.labophyto.com. The applicable pricing conditions and promotional offers are those in force on the date of validation of the order.
ARTICLE 5 - DELIVERY TIME:
Delivery times are given for information only and do not bind LABOPHYTO Exceedances cannot give rise to damages.
ARTICLE 6 - TRANSPORT:
In the event that the delivery address is different from the billing address, the buyer is required to inform LABOPHYTO. If the delivery address is different from the billing address and the latter was not indicated by the buyer before the departure of the order, and the delivery of the parcels by the carrier could not be carried out, the costs induced by the redelivery will be invoiced at the actual costs.
The merchandise travels at the risk and peril of the recipient. In the event of damage, appeals must be notified to the carrier within two days by registered letter with acknowledgment of receipt, and it is up to the buyer to inform the seller within the same timeframe.
Orders are shipped to points of sale by a carrier chosen by LABOPHYTO.
Given the economic situation, general inflation and in particular the increase in the price of raw materials, and the rise in fuel prices, the transport costs according to the final destination and the weight of the packages will be the following for professionals:
From 0 to 2 kg
From 2 to 4 kg
From 4 to 6 kg
From 6 to 10 kg
From 10 to15 kg
From 15 to 21 kg
From 21 to 26 kg
From 26 to 50 kg
From 50 to 90 kg
> 90 kg
ARTICLE 7 - RECEPTION:
Complaints about the non-conformity of the products delivered with the products ordered must be reported to LABOPHYTO within seven days. Requests not made in writing (mail, fax or e-mail) cannot be taken into account. No return of goods can be made without the prior agreement of the seller. The return can only be accepted if reservations have been mentioned on the carrier's delivery note and if the damaged products have been kept. The corresponding credit can only be made if all of these conditions are met. No returns of unsold products will be accepted. Any order placed in accordance with article 2, the reception of which will be refused by the purchaser, will be the subject of an invoicing of the shipping costs at the actual costs by LABOPHYTO.
Product returns are not accepted for orders placed by professionals. Labophyto does not take back products whose expiry date is less than 2 months. The one and only case where we can provide for a product return is when it has a manufacturing defect. We will not make any exchange, refund or return outside of this case.
ARTICLE 8 - PRICE:
Prices are exclusive of tax, ex-company headquarters. Any new tariff published by LABOPHYTO cancels and replaces the previous one. Prices are provided for information only and may fluctuate at any time. They do not in any way constitute a binding offer. Invoices are drawn up in accordance with the legislation in force on the date of delivery. Current prices can be viewed on the website www.labophyto.com
The price is payable in full and in a single payment when ordering. All orders are invoiced and payable in euros only. For any delivery outside Metropolitan France, any customs fees or local taxes remain the responsibility of the recipient.
Labophyto recommends that its resellers refer to the recommended retail price.
ARTICLE 9 - INVOICING, PAYMENT AND BUYER'S CREDIT:
With the exception of a buyer's first order, payable in advance, invoices are payable 30 days from the invoice date by LCR, check or bank transfer (including for purchases made on the website www. .labophyto.com) or cash by credit card or Paypal. Is considered as payment, not the delivery of a check, an LCR or an accepted draft, but its correct payment. After control and verification, the resolution of disputes relating to missing, non-compliant or broken products will be in the form of a credit note.
When LABOPHYTO has serious or specific reasons for fearing payment difficulties on the part of the buyer on the date of the order, or subsequently, LABOPHYTO may make the acceptance of the order or the continuation of its execution subject to cash or pre-shipment payment. In the event that a buyer places an order with LABOPHYTO without having paid for the previous order(s), LABOPHYTO may refuse to honor the order and deliver the goods concerned.
ARTICLE 10 - DEFAULT OF PAYMENT:
In the event of late payment, or unpaid LCR without valid reason, the seller may suspend orders in progress, without prejudice to any other course of action. LABOPHYTO also reserves the right to modify the payment conditions previously granted. Any invoice not paid on the due date bears interest automatically and without prior notice, at an annual rate equal to three times the legal interest rate, calculated monthly. These late penalties are due the day following the payment date shown on the invoice. In the event of non-payment of the invoices on the agreed due date, the buyer must reimburse all the costs incurred by the contentious recovery of the sums due. Any invoice recovered by the litigation department will be increased by way of a non-reducible penalty clause within the meaning of article 1229 of the Civil Code, by an indemnity fixed at a flat rate of 15% of the amount of the unpaid invoices and this, without prejudice to damages which could be due. The amount of the lump sum indemnity for recovery costs automatically due to the creditor in the event of late payment is 40 euros, unless higher costs are justified.
Under no circumstances may payments be suspended, nor be the subject of any compensation whatsoever, without the seller's prior written agreement.
ARTICLE 11 - RETENTION OF OWNERSHIP:
All sales are concluded with retention of title (law n° 80-335 of May 12, 1980 and article 121 of the law of January 25, 1985). The transfer to the buyer of the ownership of the goods sold is suspended until full payment of the price. The delivery of bills does not in any way constitute a settlement within the meaning of this clause. Consequently, as long as they have not been the subject of full payment, the goods must be returned to the seller as soon as possible, at the sole expense of the buyer, on simple request from the seller expressed by a registered letter. with acknowledgment of receipt. The seller is authorized in the event of default by the buyer to have the goods returned, to take all measures to recover them himself or to have them recovered at the buyer's expense. The buyer bears the risk in the event of loss or destruction of the goods. The buyer is prohibited from reselling the goods delivered if he is in a state of cessation of payment or insolvency.
ARTICLE 12 - GUARANTEES:
The information concerning the products and advice for use which are given are purely indicative and do not imply any commitment on the part of the seller, the customers having to check the adaptation of the products to the use they make of them.
ARTICLE 13 - SEVERABILITY:
Any provision of these presents recognized as invalid for any reason whatsoever does not invalidate the other provisions which retain full force and effect between the parties.
ARTICLE 14 - ALLOCATION OF JURISDICTION:
All disputes relating to the execution or non-execution of these general conditions of sale are governed by French law in force and will be subject to the jurisdiction of the Commercial Court of Villefranche sur Saône.