General terms of sale and associated services

    1. GENERAL PRINCIPLES

    The aim of these General Terms of Sale and Associated Services (referred to hereinafter as “the Terms”) is to govern all product sales and the provision of all services associated with these sales by BEISER ENVIRONNEMENT S.A.S for professionals and private individuals wishing to make a purchase via any marketing and / or sales medium offered by BEISER ENVIRONNEMENT S.A.S including on its Website. An essential, determining prerequisite for all orders placed with BEISER ENVIRONNEMENT S.A.S is the unreserved acceptance by the Customer of the Terms in force on the date of the order concerned.

    The Customer may not under any circumstances avail of special terms or customs which are not specifically provided for in the estimate provided by BEISER ENVIRONNEMENT S.A.S.

    Moreover, the Customer hereby declares that he acknowledges that the acceptance of the Terms shall imply the application of the latter to the order to which they refer and to all subsequent orders unless he is made aware of new terms. The fact that BEISER ENVIRONNEMENT S.A.S does not avail of one of the Terms at a given time shall not be interpreted as renunciation on his part of availing of the latter in the future or the past.

    Applicable law and competent courts: the interpretation and execution of the Terms and all documents stemming from the latter shall be governed by French law. Any disputes relating to their validity, interpretation or execution shall be subject to the exclusive competence of the courts governing STRASBOURG (67000), BEISER ENVIRONNEMENT S.A.S with rights nevertheless being reserved for it to resort to another competent court of its choice.

     

    2. THE PRODUCTS

    The products offered for sale are the ones featuring in the BEISER ENVIRONNEMENT S.A.S (paper, electronic) catalogues on the understanding that BEISER ENVIRONNEMENT S.A.S reserves the right to amend the product range concerned at any time. The product ranges proposed by BEISER ENVIRONNEMENT S.A.S are subject to availability. Moreover, it is hereby understood that the features, dimensions, weight, photos, graphic representations specified in the catalogue and different sales documents are provided for information only. BEISER ENVIRONNEMENT S.A.S reserves the right to replace the product referred to in the order even after acceptance of the latter without this affecting the essential features of the product concerned. In accordance with Article 18 of decree 2005-829 relating to the composition of electrical and electronic equipment and the elimination of waste stemming from this equipment, the obligations linked to the organisation and financing of the removal and treatment of this waste shall be transferred to the Customer unless specific contractual or statutory provisions are established. In this context, the Customer shall guarantee the collection, treatment and exploitation of purchased equipment in accordance with Article 21 of said decree.

     

    3. ASSOCIATED SERVICES

    BEISER ENVIRONNEMENT S.A.S  may also propose services associated with the sale of its products. BEISER ENVIRONNEMENT S.A.S reserves the right to alter the scope of its services at any time. Without prejudice to the other stipulations of these Terms, the precise scope and terms of execution of the services shall be defined between the Customer and BEISER ENVIRONNEMENT S.A.S when the corresponding order is placed. Irrespective of the terms of execution defined between the parties at the time of the order, it is hereby understood that the Customer is responsible for supervising the preparation of the premises / area for the purpose of the provision of the services. A lack or unsuitability of the necessary facilities on the date of provision of the services may, at the choice of BEISER ENVIRONNEMENT S.A.S, justify non-execution of the ordered services and / or a price increase based on a new or additional estimate and / or the invoicing of costs incurred by BEISER ENVIRONNEMENT S.A.S.

     

    4. ORDER CANCELLATION

    The signing by the Customer of the estimate submitted by BEISER ENVIRONNEMENT S.A.S shall constitute firm and definitive acceptance of the offer. The Customer shall not be granted any right to withdraw or retract.

    Internet order: all orders validated via the BEISER ENVIRONNEMENT S.A.S Website shall constitute firm and definitive acceptance, according to the first paragraph of this article and Article 1 of this document, of the BEISER ENVIRONNEMENT S.A.S offer presented on its Website. A validated order is to be understood as any order which has been transmitted to the BEISER ENVIRONNEMENT S.A.S services by the IT server and saved as such by the latter once the Customer has been duly informed of these Terms and is seemed to have accepted the same. In the event of a dispute, evidence of this order shall be provided in the form of proof of the transmission of the order by the IT server.

     

    5. DEADLINES FOR DELIVERY AND EXECUTION OF THE ASSOCIATED SERVICES

    The delivery deadlines and, if applicable, execution deadlines for the associated services shall be specified when the order is placed. It shall be specifically understood that these deadlines are provided for information only and non-compliance with the latter shall not under any circumstances invoke the liability of BEISER ENVIRONNEMENT S.A.S.

    BEISER ENVIRONNEMENT S.A.S shall be authorised to make complete or partial deliveries. In all events, a delivery within the specified deadlines shall only be made if the Customer has fulfilled all his obligations towards BEISER ENVIRONNEMENT S.A.S., including the obligation to pay the price set forth in Article 9 of these Terms. BEISER ENVIRONNEMENT S.A.S shall be granted one year from the payment in full of the price by the Customer within which to complete the delivery.

    In the event that our lorries or hauliers were unable to access the delivery location or if a redelivery were required at the request of the Customer, the associated additional costs would be charged exclusively to the Customer. Transport costs may be charged in the case of a specific or urgent delivery requested by the Customer. No delivered goods shall be taken back or exchanged.

    For all deliveries outside of mainland France, including Corsica, the Customer shall be liable for delivery costs, customs’ duties, VAT costs and other costs linked to the shipment, delivery and, if applicable, exporting of the ordered goods being delivered.

     

    6.  COMPENSATION FOR LOSS OF USE

    Should BEISER ENVIRONNEMENT S.A.S be obliged to retain sold goods on account of the Customer (irrespective of the generating event and notably: refusal of delivery, failure to collect from the BEISER ENVIRONNEMENT S.A.S site, impossibility of completing delivery, etc.), BEISER ENVIRONNEMENT S.A.S shall be authorised at the time of the generating event to demand the payment of daily compensation for loss of use corresponding to 4% of the pre-tax price of the sold goods held in stock.

    Without prejudice to the application of the previous paragraph, after the sold goods have been held in storage for one year without the Customer having fulfilled his obligation to retrieve them or pay for their redelivery, BEISER ENVIRONNEMENT may request the cancellation of the sale contract for the future and shall be deemed to have regained ownership of the sold goods.  

     

    7. TRANSFERRAL OF RISKS - TRANSPORT

    The risks and liability for sold products shall be transferred to the Customer when the products are passed over to the hauliers at the BEISER ENVIRONNEMENT S.A.S warehouses or its suppliers’ factories, even in the case of free deliveries, and regardless of whether the delivery is made by BEISER ENVIRONNEMENT S.A.S or a third party. The products shall only be insured at the specific instruction and at the expense of the Customer and shall be delivered to the location indicated by the Customer in the order accepted by BEISER ENVIRONNEMENT S.A.S and exclusively on ground level, unless specifically agreed otherwise with BEISER ENVIRONNEMENT S.A.S.
Upon receipt of the products, the Customer shall be required to check the condition of the delivered products in the presence of the haulier. In the case of loss or faults noted upon receipt, the Customer shall express any reservations in accordance with Article L133-3 of the Commercial Code. In all events, the liability of BEISER ENVIRONNEMENT shall not be invoked in the case of delivery faults or defects, damage or destruction to the goods caused by a third party haulier.

     

    8. CONFORMITY OF DELIVERY / SERVICES

    Without prejudice to the other stipulations of these Terms, the conformity of the delivery of products / services shall be deemed to have been accepted:
• except in the case of written reservations presented by the Customer to BEISER ENVIRONNEMENT S.A.S together with justification of the non-conformity within 72 hours of the delivery for products which are not combined with associated services;
• except in the case of written, substantiated reservations in the context of the correct fulfilment of services for delivered products and elements of associated services.

     

    9. PRICE AND PAYMENT TERMS

    The sale price of products is the price featuring in the media (Website, brochures, etc.) in force at the time of placing of the order subject to confirmation in the estimate issued by BEISER ENVIRONNEMENT S.A.S. If, for economic reasons, notably in the case of an increase in raw material prices, certain prices were to be amended before the end of the catalogue’s validity period, the Customer would be informed in advance upon placing the order and the confirmation of the amended price would be provided in the acknowledgement of receipt of the order. The service price shall be defined in the corresponding estimate. The prices are specified exclusive of tax and any installation and set-up costs.

    Each estimate, purchase order and invoice includes a line entitled C.I.C. (contribution to invoicing costs). The corresponding amount is independent from the amounts and quantities of ordered products. This amount may vary depending on changes in the invoicing costs incurred by BEISER ENVIRONNEMENT S.A.S.

    The full price shall be payable when the order is placed and shall determine its issuance by BEISER ENVIRONNEMENT or collection by the Customer. Payments may be made by bank card, bank transfer or in cash. No discounts shall be granted regardless of the payment method.

    All defaulting or delays in payment shall render the full price payable without delay. Furthermore and in all cases of delays or default in payment, BEISER ENVIRONNEMENT shall be authorised to apply a rate which is 5 points higher compared with the legal interest rate in force on the due date of his debt for all the amounts payable. Moreover, a standard, irreducible payment set at 50% of the price shall be made by the Customer for delays or defaults in payment without prejudice to the legal and contractual compensation for defaults in payment. The legal and contractual late payment penalties shall be automatically and lawfully payable to BEISER ENVIRONNEMENT S.A.S without any formalities or prior notification and without prejudice to any action which BEISER ENVIRONNEMENT S.A.S may be authorised to initiate against the Customer. It should be pointed out that BEISER ENVIRONNEMENT S.A.S reserves the right to apply additional invoicing costs in the event of the initiation of debt collection proceedings against the contracting partner. These costs shall be borne by the Customer and may be added to the invoice and must not be lower than the amount provided for in Article D.441-5 of the Commercial Code. 
The total amount of penalties shall then be lawfully allocated to all the amounts owed by BEISER ENVIRONNEMENT S.A.S to the Customer in any context whatsoever. In the event of non-compliance with the payment terms outlined above, BEISER ENVIRONNEMENT S.A.S reserves the right to cancel the sale and to refuse all future orders from the Customer. 
The payments owed to BEISER ENVIRONNEMENT S.A.S shall under no circumstances be suspended or subject to reduction or compensation without the specific agreement of the latter.

    Credits corresponding to invoices or costs incurred within the framework of the guarantee referred to in Article 11 shall only give rise to deductions corresponding to their value for a future order and shall be valid for a period of one year.

     

    10. RETENTION OF TITLE

    BEISER ENVIRONNEMENT S.A.S shall reserve full ownership of the delivered products until the payment in full of the corresponding price and associated costs and until the fulfilment by the Customer of all his obligations towards BEISER ENVIRONNEMENT S.A.S. Up until that date, the delivered products shall be deemed to be consigned and the Customer shall bear all the risks associated with damage which the products concerned may incur or cause for any reason whatsoever. Moreover, the products shall not be resold without the prior, written agreement of BEISER ENVIRONNEMENT S.A.S. Notwithstanding any contrary clause, in the event of non-compliance by the Customer with a payment term, BEISER ENVIRONNEMENT S.A.S may lawfully obtain the restitution of the products concerned without prejudice to its other rights subject to notification sent to the Customer by registered letter with acknowledgement of receipt. The transport costs incurred in taking back the products shall be covered in full by the Customer.

     

    11. GUARANTEE

    In accordance with the regulations in force, all product sales shall be subject to the legal guarantees and more specifically the guarantee for concealed defects as defined in Article 1641 et seq of the Civil Code. In addition to these guarantees, BEISER ENVIRONNEMENT S.A.S undertakes to grant the Customer a contractual guarantee with a minimum term of 6 months to cover all operating faults either from the product delivery date for products delivered without services or from the signing of the service completion order for products with associated services. The contractual guarantee shall cover, at the choice of BEISER ENVIRONNEMENT S.A.S, the replacement of faulty parts or the replacement of the product by a product whose functionalities are at least equivalent. In all events, the shipment, redelivery and labour costs shall only be covered by BEISER ENVIRONNEMENT S.A.S insofar as the fault identified by the technical department does not stem from an assembly fault or incorrect use by the Customer. The shipment, redelivery and labour costs shall be set forth in an estimate issued by the after-sales service of BEISER ENVIRONNEMENT and shall be put forward by the Customer. In the event of the implementation of the guarantee, the presented costs shall give rise to the issuance of a credit note for the benefit of Customer in accordance with the provisions of Article 9 of these General Terms. The paint on our products is not covered by our guarantee. Certain products may benefit from a contractual guarantee for more than 6 months or a specific guarantee according to the specifications set forth in our catalogues and commercial documents.

    The granting of a contractual guarantee shall be dependent upon:


    • (I) the receipt by BEISER ENVIRONNEMENT S.A.S of a registered letter with acknowledgement of receipt notifying the fault together with photographs of all the elements required for an initial expert appraisal;

    • (II) the return of the product concerned together with the corresponding invoice;
    • (III) confirmation by BEISER ENVIRONNEMENT S.A.S of the invoked fault.

The contractual guarantee shall not be granted in the following scenarios:

      • product associated with an expiry / use-by date (indication of a best-before date, etc.;
      • 
abnormal or non-compliant use of the product with regard to its specifications or negligence on the part of the Customer in terms of product storage / maintenance;
      • normal wear and tear of the product;
      • transformation of the product or incompatibility with other materials.
The implementation of the guarantee must not have the effect of prolonging or extending its term.

    Tanks: the Customer hereby declares that he has been informed that “single wall” tanks used to store heating oil, fuel, fertilizer and all polluting products must always be placed inside a spill tray. Otherwise, the Customer shall bear sole liability for any damage which may be caused fuel, carburant, without any liability being incurred on the part of BEISER ENVIRONNEMENT S.A.S.

    Second-hand equipment: as far as second-hand equipment is concerned, a guarantee may be granted on the basis of a contract. However, this will only apply in cases in which the guarantee is specifically referred to in the invoice for the transaction concerned. The Customer hereby declares that he acknowledges and accepts this clause and may not avail of a guarantee for second-hand equipment in the absence of a specific reference.

     

    12. LIABILITY

    Except in the case of essential contrary legal provisions:


    • the liability of BEISER ENVIRONNEMENT S.A.S shall only be incurred on the basis of a proven, exclusive fault in connection with the damage;
    • BEISER ENVIRONNEMENT S.A.S shall not under any circumstances be held responsible towards the Customer for any indirect damage such as commercial disruption or harm, loss of brand image or loss of data;
    • in all events, the liability of BEISER ENVIRONNEMENT S.A.S with regard to the Customer shall not:
      • (i) be invoked after a period of 6 months following the occurrence of the generating event and;
      • (ii) exceed the total pre-tax amount paid by the Customer to BEISER ENVIRONNEMENT S.A.S in connection with the order generating said liability.


    13. FORCE MAJEURE

    The parties shall not be held responsible for failure by either party to fulfil their obligations in the case of a force majeure event according to the law and legal practice. Moreover, the parties hereby agree that the following events shall be considered, within the framework of their contractual relationship, to be events which waive liability irrespective of the cause: fires, interruption of IT and telecommunication systems, incidents or faults or interruption of means of transport, strikes, block-outs, import or export bans or embargos, voluntary destruction of goods by third parties and in general all events irrespective of their nature which are outside of the control of either party including legal or statutory provisions resulting in disruptions which could potentially affect the execution of the contract.

     

    14. INTELLECTUAL PROPERTY

    All the elements in the BEISER ENVIRONNEMENT S.A.S catalogue are and shall remain the exclusive intellectual property of BEISER ENVIRONNEMENT S.A.S. All the elements in the catalogue, notably the texts, presentations, illustrations, photographs, tree diagrams and layouts are, except in the case of contrary legal or statutory provisions, the exclusive intellectual property of BEISER ENVIRONNEMENT S.A.S or its partners. In this context, their total or partial representation, reproduction, insertion, circulation and recirculation shall be prohibited according to Article L.122-4 of the intellectual property code. Any individuals carrying out the latter without providing evidence of the specific prior authorisation of the holder of these rights shall incur the penalties relating to forgery provided for in Article L.335-2 et seq of the intellectual property code.

     

    15. DATA PROTECTION

    BEISER ENVIRONNEMENT S.A.S shall be required to collect data of a personal within the framework of the orders. This data shall be processed and stored under conditions which are intended to guarantee their protection. Some of this data is required for the processing of customers’ requests or orders. In accordance with the Data Protection act of 6 January
1978, the Customer shall be granted a right to access, correct and delete data which concerns him. The Customer hereby acknowledges that he has been informed and has accepted the fact that he may receive promotional offers from BEISER ENVIRONNEMENT S.A.S or its commercial partners via different media linked to the details provided. If he does not wish to receive the latter, he may express opposition either by writing to BEISER ENVIRONNEMENT S.A.S - Domaine de la Reidt – BP 1 - BOUXWILLER (67330) or emailing contact@beiser.fr or, if the offers are sent by email, at the time of collection or by clicking on the unsubscribe link in the email. This information shall only be provided to third parties other than the commercial partners of BEISER ENVIRONNEMENT S.A.S if the Customer has specifically granted his prior consent.

    The Customer is hereby informed that personal data shall be collected under the responsibility of BEISER ENVIRONNEMENT S.A.S, represented by its legal representatives.

     

    16. PRESCRIPTION

    In accordance with the provisions of Article 2254 of the french Civil Code and notwithstanding the provisions of Article 2224 of the same code, the debts incurred by BEISER ENVIRONNEMENT S.A.S as a result of the application of this document and, more generally, the contractual relationship binding it to the Customer shall be time barred after 10 years.  

     

    17. LEGAL VALIDITY

    If some of the provisions of these general terms of sale become invalid, the parties shall agree that this invalidation shall not call into question the validity of the other provisions or the contractual relationship itself. 

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