SCOPE

These General Terms and Conditions of Sale apply without restrictions or reservations to all sales concluded in mainland France (excluding any other zone, or sales agreement subject to special conditions) by Sodibox to the Buyers.

In accordance with current regulations, these General Terms and Conditions of Sale are systematically attached to commercial offers and order receipts.

Any product order placed by the Buyer implies that they accept these General Terms and Conditions of Sale.

ORDERS

Orders must be made in writing, by means of an order form duly signed by the Buyer.

Acknowledgement and acceptance of the order by Sodibox shall be confirmed by dispatching an “order receipt”, the receipt of which by the Buyer shall constitute a contract. This takes into account the references, standard packaging, quantities and prices as defined in the Sodibox documents in force at the date of the order, as well as the date on which the goods are made available.

Orders may only be confirmed if the Buyer is up to date with its obligations to Sodibox.

Sodibox reserves the right to accept or reject any order modifications requested by the Buyer.

PRICES

Prices are indicated in the price lists and commercial offers in force when the order is accepted by Sodibox. These prices are firm and non-revisable during the period of validity indicated.

Prices are quoted in euros excl. VAT, ex works, plus transport and packaging. In metropolitan France, carriage and packaging are free for orders of €850 or more excl. VAT.

Sodibox may refuse orders of less than €100 excl. VAT, or accept such orders subject to a flat-rate charge of €15 excl. VAT.

TERMS OF PAYMENT

The price is payable in full, by cheque or bank transfer without discount, within 30 days of the invoice date, unless otherwise agreed.

In the event of non-payment by the due date stated on the invoice sent to the Buyer, late payment penalties calculated on the basis of the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, with a minimum of three times the legal interest rate, will be automatically and by right acquired by Sodibox, without any formality or prior formal notice.

A 40-euro lump sum compensation for collection costs will be due automatically and without prior notification by the Buyer in the event of late payment. Sodibox reserves the right to ask the Buyer for additional compensation if the collection costs actually incurred exceed this amount, upon presentation of documentary evidence.

DELIVERY

Sodibox is only liable for the ex-works date stated on its order receipt. Consequently, no penalty for late delivery may be claimed by the Buyer.

Delivery will be made to the address indicated by the Buyer to the loading bay or at reception, on the ground floor, without appointment.

The Buyer acknowledges that it is the carrier’s responsibility to make the delivery, Sodibox being deemed to have fulfilled its delivery obligation once it has handed over the ordered products to the carrier, who has accepted them without reservation. The Buyer therefore has no recourse against Sodibox in the event of non-delivery of the products ordered or damage occurring during transport or unloading.

The Buyer is obliged to carry out checks on receipt.

In particular, they must check the apparent condition of the products upon delivery. In the event of damage sustained to packaging, it is the Buyer’s responsibility to note any reservations on the carrier’s receipt upon receiving the goods and to inform Sodibox by e-mail within 2 working days.

The Buyer is also responsible for verifying that the delivery complies with the order (reference, color, quantities, etc.). In the absence of express reservations by the Buyer within 7 working days, orders issued by Sodibox will be deemed accepted.
No claim will be accepted as valid if the Buyer fails to comply with these formalities.

From the time of receipt, including in the event of reservations, the Buyer is responsible for taking charge of the goods and storing them in appropriate conditions, and is therefore liable for any risk of loss or deterioration.

RETURNS

Returns are subject to prior acceptance by Sodibox. Within 15 days of the date of Sodibox’s written agreement specifying the amount credited, the Buyer shall return the products in their original packaging at their own expense.

The credit note will be established according to the quantities of products returned and their perfect state of use.

RESERVATION OF OWNERSHIP

Sodibox reserves ownership of the products sold until full payment of the price by the Buyer, regardless of the date of delivery, enabling it to repossess said products.

WARRANTY

Products delivered by Sodibox are covered by a contractual warranty for a period of 30 days from the date of delivery, covering non-conformity of the products with the order and any latent defect resulting from a material, design or manufacturing fault affecting the products delivered and rendering them unfit for use.

This warranty is limited to the replacement or reimbursement of non-conforming or defective products.

Any warranty is excluded in the event of misuse, negligence or improper storage on the part of the Buyer, as well as in the event of normal wear and tear of the Product or force majeure.

The warranty cannot apply if the products have been subject to abnormal use, or have been used in conditions different from those for which they were manufactured, in particular in the event of non-compliance with the conditions of use prescribed in the Sodibox documents in force at the date of the order.

Nor does it apply in the event of deterioration or accident resulting from impact, dropping, negligence, lack of supervision or maintenance, or in the event of processing of the product.

In the event of suspected non-conformity, the customer must immediately inform Sodibox in writing, who will handle the analysis. In the event of proven non-conformity, Sodibox will organize removal and replacement, provided that the products have been stored under normal conditions, in their original packaging, and have not suffered any deterioration.

PRODUCT SPECIFICATIONS

The technical specifications contained in the commercial documents in force at the time of the order are given for information purposes only. Subject to compliance with the Buyer’s specifications, Sodibox reserves the right to make modifications without prior notice, based on changes in manufacturing protocols, raw material properties, the continuous improvement program, regulatory developments, etc.

It is the Buyer’s responsibility to make the definitive choice of product specifications, based on their full knowledge of their own usage requirements.

It is also the Buyer’s responsibility to ensure that the use made of Sodibox products complies with legal requirements, in particular those relating to the transport of potentially infectious materials, hygiene, occupational safety and accident prevention.

INTELLECTUAL PROPERTY

Sodibox retains all industrial and intellectual property rights relating to its products, photos and technical documentation, which may not be communicated or executed without its written authorization.

DISPUTES

In the event of a dispute, Sodibox undertakes to first seek an amicable settlement.

Failing this, all disputes concerning the commercial relations between Sodibox and the Buyer, including the validity of the contract, its interpretation, its execution, its resolution, its consequences and its aftermath, shall be submitted to the Commercial Court of Quimper.

BUYER’S AGREEMENT

The present general terms and conditions of sale, as well as the price lists and commercial offers in force at the time of the order, are expressly approved and accepted by the Buyer, who declares and acknowledges having perfect knowledge thereof, and thereby waives the right to rely on any contradictory document and, in particular, his own general terms and conditions of purchase.