G.C.T

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C.G.V.

[/vc_column_text][/vc_column][/vc_row][vc_row css_animation=”” row_type=”row” use_row_as_full_screen_section=”no” type=”grid” angled_section=”no” text_align=”left” background_image_as_pattern=”without_pattern” css=”.vc_custom_1523448090180{margin-top: 80px !important;margin-bottom: 70px !important;}”][vc_column][vc_column_text]I – Subject :

These general terms and conditions of sale (hereinafter the “GTC“) apply in their entirety to all sales of products granted by SOFRAPAR and their purpose is to specify the provisions applicable to the relationship between SOFRAPAR and buyers acting in a professional capacity (hereinafter “Professional Buyers” or “Buyers“). SOFRAPAR has the right to modify the present General Terms and Conditions of Sale at any time and without prior notice, which is why we recommend that each of our customers reread them carefully at the time of each purchase. Finally, we would like to point out that our service is reserved for people who are legally capable of entering into contracts under French law.

 

The limited liability company SARL SOFRAPAR (hereinafter “SOFRAPAR”) with a share capital of 8,000.00 Euros is registered in the Paris Trade and Companies Register under the number RCS 632 014 080. Its head office is located at: 53 rue Gutenberg 75015 Paris – France.

SOFRAPAR is managed by Christophe de MIL. If you have any questions, you can contact us by letter at the address of the head office or by e-mail atcontact@sofrapar.fr.

 

Any service provided by SOFRAPAR implies the unreserved acceptance by the Buyer of SOFRAPAR’s prices and of these general conditions of sale.

 

II – The Products:

SOFRAPAR markets “Products” and “agricultural equipment” that can be used by farmers for the operation of their farms, in particular fertilisers to treat seeds and related equipment, fertilisers to improve production, in particular photosynthesis biostimulants to improve the quality of the grape harvest, stimulants for floral fertility, potatoes and the germination capacity of seeds, etc.

 

Any purchase that has not been disputed within fourteen days shall not give rise to any claim after the date of the order.

The total or partial impossibility of using the products, in particular due to incompatibility of the product or negligence in use, shall not give rise to any compensation, reimbursement or liability on the part of SOFRAPAR (in particular in the event of forgetting to remove the Fortisève® bags before the harvest).

 

III – The prices :

The prices of the goods sold are those in force on the day the order is placed. They can change according to the price of raw materials and transport costs.

 

They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the rate of VAT or equivalent tax and the transport and import costs applicable on the day of the order, unless otherwise indicated.

 

SOFRAPAR reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of validation of the order.

 

IV – Orders :

To place your order, we provide you with different means:

 

– By telephone on +33 (0) 1 45 58 01 90 (no surcharge) open Monday to Friday from 9am to 7pm, subject to the signature and acceptance of a quote by email.

– By email to the following address: contact@sofrapar.fr

– By fax to 01 45 77 61 67

– From our sales team

– Through our distributors

 

The order is governed by the General Terms and Conditions effective on the day the order is placed.

 

V – Availability of products and major force :

Our product range and prices are valid as long as stocks last.

 

SOFRAPAR will not be responsible for the non-performance of the contract in case of temporary stock shortage or unavailability of products. For the products that are not stocked in our warehouses, our offers are valid depending on the availability of our partners. In this sense, indications on the availability of the products are specified to you at the time of the placing of your order. As this information comes directly from our partners, errors or changes may occur.

 

In case of unavailability of a product, we will inform you by e-mail or by letter as soon as we receive the information. If you choose not to wait and cancel your order, we will immediately refund your money to your account.

 

The responsibility of the company SOFRAPAR cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of force majeure, i. e. any external, unpredictable and irresistible event.

 

VI – Methods of payment for purchases :

Payment for your purchases is made in euros.

 

For orders to be delivered, the means of payment accepted by SOFRAPAR are the ones below:

Ø Bank transfer; if you choose this method of payment, please contact us in advance to obtain our bank details.

Ø Bank cheque, payable to SARL SOFRAPAR

 

The invoice corresponding to your payment will be attached to your delivery or sent to you within 15 days.

In case of late payment, penalties for delay will be calculated from the due date until full payment of the price at a rate equal to three times the legal interest rate in force.

 

The amount of the fixed compensation for collection costs is set at forty (40) euros (article D. 441-5 C.Com). The amount of the fixed compensation for collection costs is set at forty (40) euros (article D. 441-5 C.Com). If the collection costs actually engaged are higher than this fixed amount, in particular in case of recourse to a firm in charge of the reminders and formal notices, an additional indemnity on justification can be requested by SOFRAPAR.

 

The compensation is due in full even in the case of partial payment of the invoice on the due date, regardless of the length of the delay.

 

VII – Delivery:

As soon as your order has been validated and your payment has reached us, we will dispatch your goods 48 hours after receipt of the funds in accordance with the deadlines indicated on your order form. The delivery times indicated do not include weekends and public holidays and run from the day following the date of acceptance or receipt of your payment by our financial partner. In the case of an order comprising products with different delivery times, the overall delivery will be carried out in accordance with the longest period indicated on your order form or in several installments. Our company makes every effort to ensure that the delivery times indicated on your order are respected but cannot be held responsible for any delay in delivery.

 

Deliveries are made by COLISSIMO, FEDEX, UPS or CARRIER and according to the times indicated on your order form. If the carrier does not find anyone to receive the goods, he will leave a notice in the letterbox on which you will find the contact details where you can join him to agree on a new appointment.

 

We strongly recommend that you provide us with as much information as possible at the time of your order so that we can contact you quickly in the case of delivery problems. When you receive your order, the carrier will have you sign the delivery note certifying that the goods have been received correctly.

 

If the package(s) you receive are damaged, it is IMPERATIVE that you indicate this on the delivery receipt, clearly stating the anomaly noted. We would like to draw your attention to the fact that the words “subject to unpacking” cannot be used as grounds for complaint.

 

Therefore, we recommend you to check the contents of the package(s) in the presence of the delivery person before signing the delivery note. If one or more products have been damaged during shipment or if they do not conform to your order, you must refuse the delivery, stating the reasons for your refusal on the delivery note. The package(s) will then be returned to us and we will be able to send you a new one(s) upon receipt. When you have written reservations on your delivery note you must also inform us by email (cdm@sofrapar.fr and contact@sofrapar.fr) within 2 days of the anomalies encountered. We remind you that no complaint can be registered by our services if this reception procedure has not been respected.

 

For any re-shipment, following a return of the initial product due to deterioration or refusal by the customer, the new delivery time is between 5 and 10 working days from the date of receipt of the product by us.

 

In the event that the customer does not accept the delivery due to his absence, if the latter exceeds the time limit for presentation provided by the carriers, the product is automatically returned to us. SOFRAPAR cannot be held responsible for late delivery. The product will then be reshipped on request and at the customer’s expense.

 

VIII – Delivery cost :

Delivery of products is free of charge for customers in the European Union whose order value is greater than three hundred (300) euros.

For orders of less than three hundred (300) euros and for customers outside the European Union, a flat fee of 20 euros is payable. In all cases these costs will be indicated before the order is accepted by the customer.

 

IX – Withdrawal period :

You have 14 working days from receipt of your order to refuse the product. If you wish to make use of this right, we recommend that you contact us by telephone on 01.45.58.01.90 or by email (cdm@sofrapar.fr and contact@sofrapar.fr) to discuss how to return the goods. The returned product must be new (unused, unbroken safety ring of the cap), packed in its original packaging and accompanied, if applicable, by all accessories and instructions as well as a copy of the product invoice. You will be responsible for the return shipping costs. The returned product will be refunded within 30 days of receipt of your return, after deduction of the initial delivery costs.

 

This 14-day right of withdrawal only applies to professionals covered by Article L121-16-1 of the Consumer Code.

 

X – Guarantees :

The Products are guaranteed for a period of six (6) months, within the limits set out below.

 

This guarantee excludes the guarantee for hidden defects.

 

The guarantee is limited to the replacement of any product recognised as defective by us, to the exclusion of any other service or compensation whatsoever. To be admissible, all complaints must be made in writing and must precisely define the defects in question. The Purchaser shall allow SOFRAPAR or its agent every facility to proceed to the observation of the defects and to remedy them. SOFRAPAR will not act on any claim by the Buyer in respect of all or part of the Products, for whatever reason, if the validity of such claim is not expressly acknowledged in writing by SOFRAPAR.

 

A claim by the Buyer does not entitle him to suspend or defer payments.

 

SOFRAPAR cannot guarantee the suitability of the Products for any use other than that which SOFRAPAR advises and which appears, where applicable, on the safety data sheet and/or any attached leaflet and SOFRAPAR cannot be held responsible for the consequences of incorrect or non-cautionary use. Unless expressly agreed otherwise and confirmed in writing by SOFRAPAR. The Buyer must therefore ensure the compatibility of the Product with the use he wishes to make of it. In this respect, the Buyer declares and agrees to comply with all measures to ensure the protection of health, safety and/or the environment contained, where applicable, in the safety data sheet and/or any attached leaflet.

 

SOFRAPAR unilaterally declines all responsibility in the event that one of its customers wishes to resell its products to a third party.

 

XI – Responsability :

In case of total or partial non-performance or violation by SOFRAPAR of its obligations under these general conditions of sale, the liability of SOFRAPAR will be limited to the amount of the corresponding order and limited to the only direct prejudice and/or damage, excluding in particular loss of profit and operating losses, deprivation of use, increase in costs and expenses, including costs or payment of damages suffered by the Purchaser as a result of this non-performance or violation.

 

Furthermore, SOFRAPAR shall not be held responsible for any damage, including loss of production or loss of profit, which may result from the failure of the Purchaser to comply with the legislation in force regulating the use of the Products, from a poor adaptation or any defective use of the Product or from any other cause whatsoever.

 

Buyer agrees to indemnify and discharge SOFRAPAR from any liability for any claim, cost or damage arising from abnormal, improper or non-conforming use of the Products, from any breach of these general conditions of sale or from any fault or negligence of Buyer, including but not limited to: storage of the Products in inappropriate conditions, use of the Products in conditions or for purposes other than those for which they are designed, and failure to comply with the conditions of use and destination of the products marketed by SOFRAPAR.

 

XII – Intellectual Property :

The Purchaser undertakes to respect all intellectual property rights of SOFRAPAR of which he declares to have been fully aware.

 

The Buyer does not own any intellectual property rights to the Products. The Buyer shall not, under any circumstances and for any reason, modify the intellectual property rights in the Products, nor seek or obtain any legal protection for any item of any kind in connection with the Products, including obtaining any licence or granting any sub-licence in connection with the Products.

 

The Purchaser undertakes to inform SOFRAPAR of any action or claim by a third party concerning the intellectual property rights relating to the Products and of any infringement by a third party of the intellectual property rights relating to the Products and to assist in any legal action that may be taken against the perpetrators or accomplices of such infringements.

 

The Purchaser undertakes to inform SOFRAPAR of any action or claim by a third party concerning the intellectual property rights relating to the Products and of any infringement by a third party of the intellectual property rights relating to the Products and to assist in any legal action that may be taken against the perpetrators or accomplices of such infringements.

 

XIII – Resale of Ecobios® products:

Products may not be repackaged and must be sold, in the event of resale, in their original packaging. It is the responsibility of the Buyer to ensure that the resale of the product is permitted in the country of destination.

 

XIV – Retention of title clause :

The products remain the property of the company SOFRAPAR until the complete payment of their price. Sales are concluded under reservation of ownership and the transfer of this ownership only occurs after full payment of the price; failure of payment may lead to a request for the return of the product at the Buyer’s expense. Likewise, until this date, the product is considered to be consigned and the Buyer bears the risk of any damage that the product may suffer or cause for any reason whatsoever.

 

XV – Use of collected data :

SOFRAPAR undertakes not to divulge the information you provide to register your order. You have, at any time, a right of access, rectification and opposition to all your personal data by writing, by mail and proving your identity, to SOFRAPAR – 53 rue Gutenberg, 75015 Paris. In accordance with the French Data Protection Act of 6 January 1978, with Directive 95/46/EC until 25 May 2018 and with Regulation 2016/679 from that date.

 

We collect your information in order to process your orders, personalise services and inform you about promotional offers. The person responsible for the processing is the company SOFRAPAR.

 

XVI – Applicable Law :

Any dispute relating to this document, in particular concerning its interpretation, validity, performance and termination, as well as to the sales it governs, shall be subject to French law, even if the Professional Buyer is of foreign nationality and/or the Contract is performed in whole or in part abroad.

 

Any disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of these general terms and conditions shall be submitted to mediation in accordance with the CMAP mediation rules to which the parties declare that they adhere.

 

If this mediation fails after 45 days from the first mediation meeting, the dispute will be settled by the competent French courts.

 

In the event that the Purchaser is sued by third parties before another court, it hereby waives the right to call SOFRAPAR as guarantor before any court other than the Commercial Court of Paris.

 

XVII – Various provisions :

The fact that SOFRAPAR does not comply with any of its obligations shall not result in the immediate termination of any relationship by the Purchaser, who shall proceed, for example, to the cancellation of orders in progress and/or the cancellation of sales of Products already delivered.

 

The fact that SOFRAPAR does not avail itself at a given time of any of the clauses of these general conditions of sale shall not be interpreted as a waiver of the right to avail itself at a later date of each of the stipulations of these general conditions of sale and shall not affect the validity of the other clauses.

 

The Buyer undertakes in the exercise of its activity to respect the laws and other texts applicable in France and in the European Economic Area. If there is a declaration of invalidity of any of the paragraphs or clauses of these general terms and conditions, the remainder of these general terms and conditions shall remain in force, unless the part declared invalid is an essential obligation, the removal or cancellation of which would prevent the continuation of these general terms and conditions in their entirety.

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