General terms of sale and associated services

1. GENERAL PRINCIPLES

These General Terms and Conditions of Sale and Related Services (hereinafter "the Terms and Conditions") are intended to govern all sales of products and all services associated with these sales by BEISER ENVIRONNEMENT SAS to professionals and private individuals wishing to make a purchase via any of BEISER ENVIRONNEMENT SAS's commercial and/or sales support, including its Internet site. Any order placed with BEISER ENVIRONNEMENT SAS necessarily implies, as an essential and determining condition, the unreserved acceptance by the Customer of the General Terms and Conditions of Sale in force on the date of the order in question.

In the particular case where express provisions are included in the quotation submitted to the Customer by BEISER ENVIRONNEMENT SAS (for example with regard to the staggered payment of the price, delivery, or any other condition dealt with herein), the Customer benefits from Special Terms and Conditions of Sale which, as far as they are concerned, take precedence over these General Terms and Conditions of Sale. Under no circumstances may the Customer take advantage of Special Terms and Conditions or uses which are not expressly provided for in the quotation sent by BEISER ENVIRONNEMENT SAS.

In addition, the Customer declares that acceptance of the General Terms and Conditions of Sale shall entail application of the same to the order to which they relate as well as to any subsequent order, except in the event that new terms and conditions are brought to its attention. The fact that BEISER ENVIRONNEMENT SAS does not avail itself of any of the General Terms and Conditions of Sale at a given time cannot be interpreted as a waiver of its right to avail itself of them for the future or the past.

2. THE PRODUCTS

The products offered for sale are those appearing in the BEISER ENVIRONNEMENT SAS catalogues (paper, electronic). BEISER ENVIRONNEMENT SAS reserves the right to modify the range of products in question at any time. The product offers proposed by BEISER ENVIRONNEMENT SAS are subject to availability. Furthermore, the Customer is expressly informed that the product descriptions, characteristics, technical data sheets, dimensions, weights, photos, graphic representations, etc., which are specified on the internet, in the catalogue, in advertisements and in any commercial document, are only indicative and are not contractual. It is the responsibility of the Customer to inform BEISER ENVIRONNEMENT SAS by any means that the product descriptions, characteristics, technical data sheets, dimensions, weights, photos, graphic representations, etc., specified on the internet, in the catalogue, in advertisements or in any commercial document, constitute a material provision for its consent. BEISER ENVIRONNEMENT SAS reserves the right to replace the product referred to in the order, even after receipt of the order, without however the essential characteristics of the product in question being affected. In accordance with Articles R.543-172 and following of the French Environmental Code, the obligations relating to the organisation and financing of the removal and treatment of waste from electrical and electronic equipment are transferred to the Customer, except where expressly provided for by agreement or regulation. To this end, the Customer shall ensure the collection of the equipment purchased, its processing and recovery.

3. RELATED SERVICES

BEISER ENVIRONNEMENT SAS can also offer services related to the sale of products. BEISER ENVIRONNEMENT SA reserves the right to modify the scope of services at any time. Without prejudice to the other stipulations of these Terms and Conditions, the scope and precise conditions for the performance of the services shall be defined between the Customer and BEISER ENVIRONNEMENT SAS when the services are ordered. Regardless of the conditions of performance defined between the parties at the time of the order, it is understood that it is the responsibility of the Customer to ensure that the premises/location are/ is prepared for the performance of the services. The defect or inadequacy of the necessary fittings, on the day the services are performed, may justify, at BEISER ENVIRONNEMENT SAS's discretion, the non-performance of the services ordered and/or an increase in the price according to a new or additional quotation and/or the invoicing of the costs incurred by BEISER ENVIRONNEMENT SAS.

4. ORDER CANCELLATION

The signature by the Customer of the quotation submitted by BEISER ENVIRONNEMENT SAS constitutes firm and definitive acceptance of the offer. The Customer does not benefit from any right of withdrawal or right of rescission.

Withdrawal: Articles L. 221-18 of the French Consumer Code stipulates that “the consumer has a period of fourteen days to exercise his/her right of withdrawal from a contract concluded remotely, following canvassing by telephone or off-premises, without having to give reasons for his/her decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25. The period […] shall run from the day: 1) Of the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4; 2) Of receipt of the goods by the consumer or a third party, other than the carrier, designated by him/her, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his/her right of withdrawal from the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts, the delivery of which is staggered over a specified period, the period shall run from the receipt of the last good or lot or the last part. For contracts providing for regular delivery of goods over a specified period, the period shall run from receipt of the first item. The consumer shall bear the cost of returning the goods in accordance with Article L.221-23 of the same Code. To be reimbursed, the product must not have been altered or have deteriorated in any way and must be in its original unaltered packaging. After acceptance, BEISER ENVIRONNEMENT SAS will reimburse the purchaser within 30 days.

Ordering over the Internet: Any order validated via the BEISER ENVIRONNEMENT SAS website constitutes an order which constitutes firm and definitive acceptance, within the meaning of the first paragraph of this Article, and Article 1 hereof, of BEISER ENVIRONNEMENT SAS's offer as shown on its website. A validated order is understood to be any order transmitted to the services of BEISER ENVIRONNEMENT SAS by the computer server and archived as such by the latter. Before placing the order, the Customer is duly informed of these Terms and Conditions and is deemed to have accepted them, insofar as no order on the internet can be validated without the Customer having ticked the box "by clicking on "I pay for my order", you confirm that you have read and accepted our Terms and Conditions, Return Policy and Privacy Policy". It is specified that the Terms and Conditions are available by simply clicking on "Conditions". In the event of a dispute, proof of this order is provided by the production of the transmission of the order by the computer server.

Loan application: A possible loan application, requested by the buyer, does not in any way constitute a condition precedent of the sale which is firm and definitive.

5. DELIVERY TIMES AND PERFORMANCE OF RELATED SERVICES AND DELIVERY COSTS

Delivery and, where applicable, performance times of the related services, are specified at the time of the order. It is expressly understood that these deadlines can only be indicative, and BEISER ENVIRONNEMENT SAS cannot be held liable for any failure to meet them.

BEISER ENVIRONNEMENT SAS is authorised to carry out global or partial deliveries. In any event, timely delivery can only take place on condition that the Customer has fulfilled all of its obligations towards BEISER ENVIRONNEMENT SAS, including the obligation to pay the price referred to in Article 9 of these terms and conditions.

BEISER ENVIRONNEMENT SAS has one year from the date of full payment of the price by the Customer to proceed with delivery.

Transport and delivery costs will be invoiced to the Customer. The payment of any tax directly or indirectly linked to the export of equipment shall be the responsibility of the Customer.

Furthermore, in the event that our trucks or carriers are unable to access the place of delivery, or in the event of re-delivery made necessary by the Customer, the additional inherent costs will be the sole responsibility of the Customer. Any goods delivered will not be taken back or exchanged.

6.  HOLDING FEE (EARNEST MONEY) IMMOBILISATION ALLOWANCE

In the event that BEISER ENVIRONNEMENT SAS is forced to take custody of the goods sold by the Customer (regardless of the event giving rise to this and in particular: refusal to accept delivery, failure to recover the goods on the BEISER ENVIRONNEMENT SAS site, impossibility of delivery, etc.), BEISER ENVIRONNEMENT SAS shall be entitled to request, as soon as the event giving rise to this occurs, the payment of a daily immobilisation allowance equal to 4% of the price excluding tax of the goods sold thus stored.

Without prejudice to the application of the previous paragraph, after a period of one year of storage, without the customer having fulfilled his/her obligation to recover the goods sold, or to pay the costs of re-delivery, BEISER ENVIRONNEMENT SAS may claim the termination of the sales contract for the future, and will be deemed to regain ownership of the goods sold.

7. TRANSFER OF RISKS - TRANSPORT - UNLOADING

The risks and responsibility for the products sold are transferred to the Customer as soon as they are taken over by the carriers from BEISER ENVIRONNEMENT SAS's warehouse or from the factories of its suppliers, even in the case of delivery free of charge, and whether the delivery is made by BEISER ENVIRONNEMENT SAS or by a third-party service provider. The products are only insured on express instruction and at the Customer's expense. The products are delivered to the place indicated by the Customer in the order accepted by BEISER ENVIRONNEMENT SAS.

Unless a special agreement is provided for in the order form issued by BEISER ENVIRONNEMENT SAS, unloading shall be carried out by the Customer under his/her responsibility.

Upon receipt of the products, it is the responsibility of the Customer to check, in the presence of the carrier, the good condition of the products delivered. In the event of loss or damage on receipt, the Customer must express any reservations in accordance with Article L.133-3 of the French Commercial Code. In any event, BEISER ENVIRONNEMENT SAS cannot be held liable in the event of non-delivery or failure, damage or destruction of the goods caused by a third-party carrier.

8. CONFORMITY OF THE DELIVERY / SERVICES

Without prejudice to the other provisions of these Terms and Conditions, the conformity of the delivery of the products / services shall be deemed to be accepted: • except in the case of written reservations by the customer to BEISER ENVIRONNEMENT SAS accompanied by proof of non-conformity within 72 hours of delivery, for products not accompanied by associated services; • except in the case of written and reasoned reservations recorded in the service delivery confirmation note for products delivered and for the purposes of related services.

9. PRICES AND TERMS AND CONDITIONS OF PAYMENT

The sale price of the products is the price that appears on the media (website, brochures, etc.) in force at the time of the order, subject to confirmation on the quotation issued by BEISER ENVIRONNEMENT SAS. If, for financial reasons, in particular in the event of an increase in the price of raw materials, certain prices are modified before the end of the period of validity of the catalogue, the Customer will be informed in advance at the time of the order and confirmation of the price, thus modified, will be made in the Acknowledgement of Order. The price of the services is defined in the corresponding quotation. The prices are exclusive of taxes, installation and set-up costs.

Each quotation, order form and invoice includes a line called P.F.F (Contribution to invoicing costs). The corresponding amount is independent of the amounts and quantities of the products ordered. This amount may vary according to changes in the invoicing costs borne by BEISER ENVIRONNEMENT SAS.

Unless otherwise specified in the quotation issued by BEISER ENVIRONNEMENT SAS, payment of the full price is due at the time the order is placed, and is conditional upon delivery by BEISER ENVIRONNEMENT SAS, or collection by the Customer. 

 Payment may be made by credit card, bank transfer, cheque and cash. Payment by cash money order is still possible, subject to the agreement of BEISER ENVIRONNEMENT SAS, if the Customer does not have any of the above-mentioned means of payment. BEISER ENVIRONNEMENT SAS invoice numbers must imperatively accompany payments. No discount can be granted, whatever the method of payment. Any bank cheque received by BEISER ENVIRONNEMENT SAS in full or partial payment for an order will be cashed immediately. This provision does not apply if the quotation mentions a particular commercial agreement relating to the payment period.

All sums paid in any form whatsoever are paid as a deposit and may not be reimbursed in the event of cancellation by the purchaser of the related order.

In the event of special terms and conditions of payment, any default or delay in payment will result in the immediate payment of the entire price.

In addition, and in the event of any delay or payment incident, BEISER ENVIRONNEMENT SAS will be entitled to claim a rate of interest on all sums due that is 5 points higher than the legal interest rate in force on the date on which the debt is due. Furthermore, a fixed and irreducible indemnity, set at 50% of the price, will be paid by the Customer for late payments or payment incidents, without prejudice to the legal and contractual indemnities for late payment. BEISER ENVIRONNEMENT SAS will automatically and by operation of law apply the penalties for delay, both legal and conventional, without any formality or prior formal notice and without prejudice to any other action that BEISER ENVIRONNEMENT SAS may be entitled to take against the Customer. It should be noted that BEISER ENVIRONNEMENT SAS reserves the right to apply additional invoicing charges in the event of a debt collection procedure being initiated against the co-contracting party. These costs will be charged to the Customer and may be added to the invoice, and may not be less than the amount provided for in Article D.441-5 of the French Commercial Code. The amount of the penalties will then be charged by operation of law against any sums owed by BEISER ENVIRONNEMENT SAS to the Customer, for any reason whatsoever.

In the event of non-compliance with the above terms of payment, BEISER ENVIRONNEMENT SAS reserves the right to cancel the sale and to refuse any future order from the Customer. Under no circumstances may payments due to BEISER ENVIRONNEMENT SAS be suspended or be subject to any reduction or compensation whatsoever without its express written agreement. Any credit note corresponding to an invoice or to costs incurred within the framework of the guarantee as referred to in Article 11, may only give rise to a deduction up to the amount thereof, at the time of a future order within the limit of a period of validity of one year.

10. RETENTION OF TITLE

Unless BEISER ENVIRONNEMENT SAS has made an express prior written decision, notified to the Customer before the delivery of each order, BEISER ENVIRONNEMENT SAS will retain full ownership of the products delivered until full payment of the corresponding price and accessories has been made, and until the Customer has fully met its obligations to BEISER ENVIRONNEMENT SAS. Until this date, the products delivered will be considered as consigned and the Customer will bear all risks relating to any damage that the products concerned may suffer or cause for any reason whatsoever. Furthermore, the products may not be resold without the prior written agreement of BEISER ENVIRONNEMENT SAS. Notwithstanding any clause to the contrary, in the event of failure by the Customer to meet a payment due date, BEISER ENVIRONNEMENT SAS, without prejudice to its other rights, may obtain, by operation of law and upon notification sent to the Customer by registered letter with acknowledgement of receipt, the return of the products concerned. The transport costs caused by the return of the equipment will be fully borne by the Customer.

11. WARRANTY

In accordance with the regulations in force, any sale of products is subject to the legal warranties and more specifically to the warranty of hidden defects defined in Articles 1641 et seq. of the French Civil Code and the legal guarantee of conformity defined in Articles L.217-4 et seq. of the French Consumer Code (but only for consumers). 

Tanks: The customer declares that he has been informed that “single-walled” tanks for the storage of fuel oil, fuel, fertilisers and all polluting products must be placed in a retention tank. Failing this, the customer will be solely responsible for any damage that may occur, without BEISER ENVIRONNEMENT SAS being held liable.

Used equipment: For used equipment, a warranty can be granted by agreement. However, it will only be granted in cases where the warranty is expressly mentioned on the invoice of the transaction concerned. The Customer declares that he/she recognises and accepts this clause and cannot, in the absence of a specific mention, claim a warranty on used equipment.

If the quotation submitted by BEISER ENVIRONNEMENT SAS does not expressly indicate that a product is new, the Customer is informed that it is deemed to be used.

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

Unless mandatory legal provisions to the contrary exist: • BEISER ENVIRONNEMENT SAS shall only be liable for proven and exclusive fault in the occurrence of the damage; • BEISER ENVIRONNEMENT SAS shall under no circumstances be held liable to the Customer for any indirect damage such as commercial prejudice or disturbance, loss of customers, loss of profit, loss of brand image or loss of data; • in any event, the liability of BEISER ENVIRONNEMENT SAS towards the Customer may not (i) be sought beyond 6 months following the occurrence of the event giving rise to it and (ii) exceed the total amount ex-VAT paid by the Customer to BEISER ENVIRONNEMENT SAS in respect of the order which gave rise to its liability.

13. FORCE MAJEURE

The parties shall not be held liable for a breach of any of their obligations in the event of the occurrence of an event of force majeure within the meaning of the law and case law. The parties also agree that, within the framework of their contractual relationship, the following are considered to be events exempting them from liability, whatever the causes: fire, interruption of computer and telecommunications systems, incidents or failures or interruption of means of transport, strikes, block outs, import or export bans or embargoes, voluntary destruction of goods by a third party, and more generally any event of any nature whatsoever that is reasonably beyond the control of either party, including legal or regulatory provisions causing upheavals that may affect the performance of the contract.

14. INTELLECTUAL PROPERTY

All elements of the BEISER ENVIRONNEMENT SAS catalogue are and remain the exclusive intellectual property of BEISER ENVIRONNEMENT SAS. All the elements in the catalogue, in particular the texts, presentations, illustrations, photographs, parts breakdown and formatting are, unless otherwise provided by law or regulation, the exclusive intellectual property of BEISER ENVIRONNEMENT SAS or its partners. As such, their representation, reproduction, imbrication, distribution and rebroadcasting, whether partial or total, are prohibited in accordance with the provisions of the French Intellectual Property Code. Any person who does so without being able to justify prior and express authorisation from the holder of these rights is liable to the penalties relating to the offence of infringement provided for in Articles L.335-2 and following of the French Intellectual Property Code.

15. DATA PROTECTION

As part of the ordering process, BEISER ENVIRONNEMENT SAS is required to collect personal data. This data is processed and stored under conditions designed to ensure its security. Some of this data is essential for the processing of customer requests or orders. In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and delete data concerning him/her. The Customer acknowledges being informed and having accepted the fact that he/she may receive promotional offers from BEISER ENVIRONNEMENT SAS or its commercial partners, on the various media linked to the contact details transmitted. If he does not wish to do so, he may oppose this, either by writing to BEISER ENVIRONNEMENT SAS - Domaine de la Reidt - BP 1 - 67330 BOUXWILLER, or contact@beiser.fr, or when these offers are sent by e-mail, at the time of collection or by clicking on the unsubscribe link contained therein. This information will only be communicated to third parties other than BEISER ENVIRONNEMENT SAS's commercial partners if the Customer has expressly given its prior consent.

The Customer is informed that personal data is collected under the responsibility of BEISER ENVIRONNEMENT SAS, taken in the person of its legal representatives.

16. PRESCRIPTION

Pursuant to the provisions of Article 2254 of the French Civil Code, and by way of derogation from the provisions of Article 2224 of the same Code, BEISER ENVIRONNEMENT SAS's claims arising from the application of these Conditions, and more generally from the contractual relationship uniting it with the Customer, are subject to a limitation period of 10 (ten) years.

17. APPLICABLE LAW AND JURISDICTION

The interpretation and execution of the General Terms and Conditions of Sale as well as all the acts that will be the consequence of them, will be subject to French law. Any dispute as to their validity, interpretation or performance will be subject to the exclusive jurisdiction of the courts of STRASBOURG (67000), BEISER ENVIRONNEMENT SAS however reserving the right to have recourse to any other appropriate court of its choice.

18. LEGAL VALIDITY

Should individual provisions of these General Terms and Conditions be invalidated, the parties agree that the invalidation shall not affect the validity of the remaining provisions or the contractual relationship itself.