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General conditions of sale 2022
1. Preamble
Our sales are subject to these general conditions which prevail over any condition of purchase, unless formal and express derogation from FLYCUP PACKAGING.
These conditions of sale prevail over all other general or specific conditions of sale, which have not been expressly approved by FLYCUP PACKAGING.
FLYCUP PACKAGING reserves the right to modify all of its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
2. Characteristics of the goods and services sold
at. The products and services offered are those which appear on the FLYCUP PACKAGING website. These products and services are offered within the limits of available stocks.
b. The products are described and represented on the website with the greatest possible accuracy but cannot ensure perfect similarity with the product, particularly with regard to colors. Indeed, the photographs of the products are therefore not contractual.
3. Orders
Placement of orders: Any order will be taken into consideration upon receipt of the order form or upon receipt of the order confirmation, accepted by the customer, by email or post, through the elements indicated on the estimate and on the general conditions of sale. In case of unavailability of a product, the customer will be informed in advance on the website or by email.
Online orders: Any order will be taken into consideration from the moment the buyer has accepted, by clicking on the place indicated on the site, these general conditions of sale. Its acceptance will result in the sending of a confirmation email from FLYCUP PACKAGING. The customer must choose his delivery address. Payment will be made online via bank transfer. Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below. In case of unavailability of a product, the customer will be informed in advance on the website or by email.
Financial guarantees: Any first order (excluding online orders) must be paid for in cash, accompanied by the buyer's commercial and bank references allowing FLYCUP PACKAGING to open a customer account.
Modification and cancellation of orders: The modification or cancellation of an order will be taken into account if and only if the order has not yet been executed. Otherwise, FLYCUP PACKAGING will request compensation from the customer for the costs related to the study, the supply of raw materials, the manufacturing and the associated labor if necessary, the logistics, the transport and for all the direct and indirect, without prejudice to the indemnities that the company could claim from it in compensation for the damage suffered.
4. Industrial property
All service of creation (logo, design, personalization) and manufacture of tools by FLYCUP PACKAGING on behalf of a customer, will be subject to retention of industrial property by FLYCUP PACKAGING. This service will be invoiced.
Any work carried out within the framework of a study and/or an order must under no circumstances be reproduced by a company other than FLYCUP PACKAGING. This service will be invoiced.
5. Price
FLYCUP PACKAGING's prices and invoices are established in euros calculated excluding tax (HT). The amounts of invoices and quotes are therefore to be increased by value added tax.
The prices charged by FLYCUP PACKAGING do not take into account the delivery costs, invoiced in addition and indicated before the delivery of the order.
Prices are subject to change without notice, in particular depending on fluctuations in raw materials and changes in the regulations in force related to eco-contributions or other taxes. An email will be sent to the customer at least one month before the rate change.
The prices invoiced will be those in force on the day of the order.
Some items may be subject to promotional discounts which are deducted from the invoice on the item line
. Payments
Terms of payment: Payment of invoices is made net, in cash, ie no discount will be accepted. This payment is made net 30 days from the date of issue of the invoice. Payments are made in the form of bank transfers or checks payable to FLYCUP PACKAGING. No late payment can be accepted in the case of late or partial delivery.
Electronic signature: the online provision of the customer's bank details and the final validation of the order will constitute proof of the customer's agreement. This will allow FLYCUP PACKAGING to obtain payment of the sums due under the purchase order and this will be worth signature and express acceptance of all the operations carried out. In case of fraudulent use of bank details, the customer is invited, as soon as this use is observed, to contact the seller by email.
Late payment penalties: In the event of late payment on the due date mentioned on the invoice, or partial payments, the sums due will automatically bear interest on the amount including tax of the invoice at the semi-annual key rate of the European Central Bank (rate legal), increased by 10 points. Also, in accordance with article L.441-6 of the Commercial Code, unless otherwise agreed, a fixed indemnity of 40 euros is due for recovery costs, from the date of payment provided for on the invoice, until the date on which FLYCUP PACKAGING's account has been credited.
Dispute: Any dispute related to an invoice must be made within a maximum period of 15 days from the date of delivery. Beyond this period, the invoice will be due in full on the due date. In the event of a dispute over an amount or a dispute, the payment of the invoice may be made in part or will be the subject of a credit note, after agreement between the two parties. Failure to pay the invoice will not be accepted by FLYCUP PACKAGING. Any complaint must be made by email or by post, specifying the invoice number, the order number, the customer account number if applicable and the reason for the complaint in order to allow control and, if necessary, correction.
In the event of non-payment on the due date, FLYCUP PACKAGING will request, as damages, the application of compensation equal to 15% of the amount of the unpaid sum as well as advance payment for all future orders. .
7. Delivery
The goods are delivered in multiples of the packaging unit: carton. For accounting reasons and for health and safety reasons, no division of these units will be possible.
Deliveries are free from an order volume equivalent to 4 pallets, unless special sales conditions specify a different amount. FLYCUP PACKAGING reserves the choice of the means of transport and the place of departure for its shipments. FLYCUP PACKAGING will not agree to change the delivery address to deliver all or part of the order, once the delivery has started. Failing this, FLYCUP PACKAGING cannot be held liable.
Delivery times are indicated as accurately as possible. However, these times may vary depending on supply possibilities and carriers. Exceeding delivery times cannot give rise to the granting of damages, withholding or cancellation of orders in progress.
Non-compliance with the commitments to receive the goods, communicated by the customer to FLYCUP PACKAGING (receipt time slots, making an appointment with the carrier) will be subject to an invoicing of the re-delivery costs. No additional delivery will be possible until these costs have been paid.
The goods must be checked upon receipt by the customer. In the event of a lack of conformity, the customer must mention the detailed elements on the delivery note and confirm them within 72 hours to FLYCUP PACKAGING by email or LR/AR, in accordance with the legislation in force (art. L.133-3 Trade code). No complaints will be accepted after this period.
8. Reservation of title and risks
In accordance with the provisions of articles 2367 and following of the Civil Code, the goods remain the exclusive property of FLYCUP PACKAGING until full payment. In the absence of full payment, the buyer authorizes the seller to proceed immediately to the recovery of the goods. The exercise of the seller's right to claim does not release the buyer from his obligation to pay the invoices.
The transfer of risks from FLYCUP PACKAGING to the buyer takes place from the moment of delivery of the products, i.e. upon arrival at the dock at the place of delivery.
Failure to pay any of the due dates may result in the claiming of the goods. These provisions do not preclude the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they may cause.
9. Storage and Warranty
FLYCUP PACKAGING limits its guarantee to its sole performance. The warranty only applies to replacements of the products or services provided but cannot be subject to costs related to these replacements.
FLYCUP PACKAGING undertakes to store the packaged products for a maximum period of 5 days. After this period, if the customer has not wished to proceed with the collection or delivery of the goods, storage costs of €15/day and per m3 will be invoiced for storage costs. Any specific storage need must be made in writing to FLYCUP PACKAGING and will be studied and invoiced to the customer.
The customer undertakes to store the products according to the classic rules of storage, that is to say inside a closed building, frost-free and water-free. The products must be stored in a clean and dry place in order to maintain optimum quality and impeccable presentation. It is the customer's responsibility to ensure the correct storage and handling conditions for the products.
In the event of non-compliance with these rules, FLYCUP PACKAGING reserves the right to refuse any requests related thereto and shall not be held liable if non-compliance with these rules were the cause of a complaint from a buyer. or a consumer.
10. Limitation of liability in the event of force majeure
Design and customization work on behalf of a client will be validated before execution by a Proof to Print, signed by the client. FLYCUP PACKAGING will not be held liable for work carried out prior to the signing of the Proof for Printing.
FLYCUP PACKAGING cannot be held liable in the event of non-performance or poor performance of the contract due either to the fault of the customer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to a case of force majeure. In this case, FLYCUP PACKAGING cannot be held responsible for any delay or failure to perform one of its obligations under the contract if this delay or this failure is the direct or indirect effect of a case of force majeure understood in a broader sense than French case law such as: Occurrence of a natural cataclysm; Earthquake, storm, flood, etc. , armed conflicts, war, attacks, labor dispute, total or partial strike at the customer or company, labor dispute, total or partial strike at suppliers, carrier subcontractors, posts, public services, telecommunications, etc. , imperative injunction from the public authorities, epidemics, operating accidents, machine breakdown, explosion, disruption in the supply of raw materials, shortage of the company's suppliers, scrapping of important parts during manufacture.
11. Applicable law and attribution of jurisdiction
French law alone governs these general conditions of sale and the contracts executed under them. Their language is French.
In the event of disputes relating to these general conditions of sale, only the courts of the place of the registered office of the company will be competent, even in the event of pluralities of defenders or appeals in guarantee.
12 . Collection of personal data
The personal data collected on the website are as follows:
Account opening: when creating the customer's account
Connection: when the customer connects to the website, the latter records in particular his first and last name, connection data, use, geolocation
Payment: as part of the payment of the products and services offered on the website, the latter records the financial data relating to the bank account or the credit card used
Communication: when the website is used to communicate, in this case via online messaging or chat, data concerning customer communications are subject to temporary storage.
Cookies: cookies are used as part of the use of the website. The customer has the option of disabling cookies from the navigation settings.
13 . Customer service
For any difficulty or information, the customer can send an email to contact@flycup-packaging.com or a letter to FLYCUP PACKAGING, 15 rue du douet, 35510 Cesson-Sévigné.