1. IDENTITY:
Prodilac snc.
S.C.R. 389,297,714 Coutances
Rungis Wholesale Market - 33, avenue d'Auvergne 94154 Rungis – France
Tel: +33 01 56 34 20 00 - Fax: +33 1 46 75 09 59
2. GENERAL PROVISIONS:
These general terms and conditions are only available to entities acting professionally, hereinafter "the Customer", wishing to order cheese products (the "Products"), excluding any consumer (natural person who is acting for purposes which are outside the scope of his trade, business, craft or profession)
3. PRODUCT PRESENTATION
The characteristics of the Products offered for sale are presented in the "Products" section of the website.
Photos of the Products do not enter in the contractual field. Existing variations between the product delivered and the graphic representation on the website does not involve Prodilac’s liability or affect the validity of the sale.
4. PROVISIONS APPLICABLE TO PLACED ORDERS AND CONTRACTS:
a) ACCEPTANCE OF THESE TERMS AND CONDITIONS
After the Customer fills out the order form on the website, the Customer confirms the order by clicking on the "I accept the Terms and Conditions of Sale", this will consitute full and unconditional acceptance of these Terms and Conditions, which will be only applicable to the contract thus concluded
No special or general terms and conditions from the Customer may apply to the sale of the Products without the prior written consent of Prodilac.
b) ORDER CONFIRMATION AND CONCLUSION OF THE CONTRACT
When placing an order, the website contains a commercial proposal to sell Products, which is not legally considered a permanent offer. The Products are offered for sale while stocks last.
For all Product order, the Customer agrees to complete the order form accurately and to inform the various sections required (identity, VAT number, delivery address, ...) and to validate and confirm the order .
The consumer’s right of withdrawal is inapplicable in professional relations between the Customer and Prodilac. Therefore, no order cancellation or refund request will be taken into account.
All orders are subject to acceptance by Prodilac. In case of acceptance of the order, Prodilac sends by e-mail an "acknowledgment and acceptance of order" to the Customer, accompanied by the Terms and Conditions contract accepted by the Customer and recorded in a non-editable PDF format.
This "acknowledgment and acceptance of order," or, where applicable, the refusal to accept an order, will be confirmed to the Customer within 24 business hours of receiving the order. The Website reserves the right not to confirm an order especially in case of insufficient stocks of Products, problems with the order received, or foreseen difficulty concerning the delivery to be made.
The data recorded by Prodilac constitute, in any event, evidence of the nature, content, price and date of the order
5. TRANSPORT - DELIVERY – DELIVERY TIME:
a) Delivery time:
Prodilac undertakes, after sending the "acknowledgment of order receipt and acceptance" to sell and delivered to the Customer the Products ordered by the latter.
Prodilac binds itself to ship the Products through the carrier of its choice no later than 96 (ninety-six) business hours after sending the "acknowledgment and acceptance of order."
Products are delivered to the address indicated in the order within a period of four (4) to nine (9) working days of sending the "acknowledgment and acceptance of order" unless payment for Products was not done for any reason whatsoever.
The deadlines provided by the Prodilac to the Customer vary by country and are provided, for information, on the Website. Prodilac can not be responsible for exceeding the indicative times given on the Website or in the "acknowledgment and acceptance of order."
In the event of addressee's absence or that of any person that can take possession of the package during delivery, the carrier will leave a non-delivery notice inviting the Customer to collect the package. In no event Prodilac can not be held responsible for any damage to the Products in the event of late withdrawal or no withdrawal of the Products by the Customer.
b) Place of delivery:
The Prodilac’s Products will only be delivred in the following countries:
- The European Union, with the exception of France
Depending on the country of delivery, Prodilac agrees to deliver the Products:
- To the address specified by the customer,
- Or
- At the airport of the country designated by the Customer.
The location (address of the Customer or "rendered Airport") and the delivery time will be specified in the Customer's order
c) Transfer of risks:
Prodilac bears the risk of loss and deterioration of the Products until delivery. Risk transfer is the delivery of the Products to the Customer.
In the event of addressee's absence or that of any person that can take possession of the package during delivery, the carrier will leave the package (if possible) or a non-delivery notice inviting the Customer to contact the carrier in order to collect the package.
Prodilac can not be held responsible for any deterioration of Products in the event of late withdrawal or no withdrawal of the Products by the Customer, who, in this case, shall assume sole and full responsibility of damage to the Products.
The transfer of ownership is made after full payment of the price of the Products by the Customer
6. FINANCIAL CONDITIONS:
a) Price:
The total price indicated in the "acknowledgment and acceptance of order" by Prodilac (the "Price") is the final price of the order.
The Price is in euro, amounts in other currencies are only provided for information only.
The price includes the price of Products, he handling charges, the packaging, the transportation charges as well as all the taxes for exportation out of France. For customers who are residents of European Union countries: the total price indicated in the order confirmation by Prodilac constitutes the definitive price.
Some Products being cut (quarter-wheel, half-wheel, ...), the actual weight they are delivered remains variable depending on the weight of the base product (the wheel). The Customer acknowledges, however, and agrees that the price of the product cut is set arbitrarily depending on its cut (quarter-wheel, half-wheel, ...).
The total amount of Products ordered before taxe must be equal to the sum of € 200 (two hundred euro). Below this amount, the Customer will not be able to validate and confirm the order
b) Payment
The payment is only made by credit card. The amount debited on the Customer's credit card will be in Euro at the time of the "acknowledgment and acceptance of order" by Prodilac.
c) Invoice
We apply a unit-based or parcel-based pricing, depending on the product.
An invoice can be established by Prodilac at the specific request of the Customer, who shall indicate the invoice mailing address (Invoice showing Proof of payment of the Products)
7. RESERVATIONS AT THE RECEPTION OF PRODUCTS - NO PRODUCT RETURNS – SPECIAL EXCEPTIONS FOR REFUND / REPLACEMENT:
Customer should make with the carrier from reception of the goods, the necessary reserves in case of non-compliance with the order or damage or of missing product.
These reservations must be made in writing to the carrier upon delivery.
A copy of these reservations must imperatively be sent without delay to Prodilac by email or fax, and in any event no later than twelve (12) hours after the reservations have been made.
No returns will be accepted by Prodilac. It is therefore up to the Customer to prove the non-conformity of Products by providing Prodilac in support of these reserves, any element to materialize these reserves (certificate from the carrier of the reality of these reserves, photographs, testimonies, ...).
Subject to compliance with the procedure indicated above and the evidence of non-compliance of Products, Prodilac, as its option, will refund the Customer the price paid or make a new delivery of similar Product
8. WARRANTY - LIMITATION:
Prodilac garantees that Products are manufactured in their home countries and have been subject to all necessary care to ensure they comply with the description given on the Website at the date of the order.
Prodilac also ensures that Products are sound, fair and marketable upon delivery to the carrier.
This warranty is the only warranty given by Prodilac. No other express or implied warranty is given in particular, Prodilac can not guarantee that the Products meet the Customer's expectations.
9. LIABILITY - LIMITATION OF LIABILITY:
The Customer is solely responsible for the choice of Products, their storage from the time of delivery and use. In this respect, the attention of the customer is drawn to the fact that it should not consume Products beyond the time indicated on the label or if it appears that the Products are damaged (due to heat, problems during transportation or any other cause). In no event Prodilac can be held responsible for any damage occurring as a result.
Similarly, Prodilac could not be held responsible for the failure to comply with laws or regulations in force in the country of delivery, Prodilac is only responsible for compliance with French regulations relating to Products. In any event, whatever the possible reason for the questioning of the responsibility of Prodilac, Prodilac responsibility is limited to the price of the order
10. INVALIDITY – FORCE MAJEURE - APPLICABLE LAW - JURISDICTION:
If any provision of these Terms and Conditions should be declared inapplicable or invalid for any reason, such invalidity or unenforceability shall not affect the application or validity of the other provisions of the General Terms and Conditions of Sale, the invalid or deemed inapplicable will be replaced by the closest possible arrangement.
Neither Prodilac nor the Customer shall be held liable for any failure, possibly caused by a force majeure, including, without limitation, acts of war, riot, insurrection, interruption of transport, import or export problems, strikes, lock-outs, shortages, fire, earthquake, storm, flood
11. JURISDICTION OF THE COURTS:
These Terms and Conditions are governed solely by French law, it being specified that the Vienna International Convention of 11 April 1980 is expressly excluded.
In case of dispute of any kind, the Paris courts shall have exclusive jurisdiction, even in summary proceedings, incidental claims or multiple defendants.
Should the English and French versions of these Terms and Conditions differ, the French version shall prevail.