STOCKMEIER France
General terms and conditions of sale and purchase, data protection policy (RGPD)
Terms and conditions of sale
Updated on 13/06/2023.
Our customers’ orders are recorded in accordance with the conditions of sale set out below, irrespective of any clauses that may appear on the purchaser’s documents. Our delegates or representatives are responsible for carrying out sales on our behalf, which only become final once they have been accepted by us.
Delivery times
In the event of delay or impossibility of delivery, no damages or interest may be claimed from us.
Force majeure
Force majeure and, in general, any event hindering the production, supply or availability of products, whatever the cause, are deemed to render the contract unenforceable.
In such cases, if within one month of notification of non-performance of the contract, we are unable to indicate a new delivery date, the purchaser may cancel the order or contract, but only for the quantity of goods that cannot be shipped due to force majeure.
Transport and delivery
Sales of goods and packaging are carried out in accordance with Incoterm CPT (Incoterms ICC 2020) ; it is therefore the responsibility of our customers to safeguard their rights vis-à-vis carriers, in accordance with the provisions of articles 105 et seq. of the French Commercial Code. The absence of reservations upon receipt of the goods extinguishes any claim relating to the identity of the product, apparent defects or damage.
Prices – Billing
Minimum order weights and values to obtain carriage paid and avoid logistical and administrative charges are adjusted if necessary each year by circular, available in all our establishments.
VAT paid on debits. The amount of VAT will be reduced proportionally if a discount is granted off-invoice. We reserve the right to increase our prices in the event of an increase in our external costs, in particular the costs invoiced by our carriers. This rate increase will be billed on a separate line under the heading “Logistics surcharge”.
Claim
Any dispute concerning deliveries, invoices or statements of account must reach us by registered letter with acknowledgement of receipt within seven calendar days of receipt of the goods or documents.
Payment
Payment terms are calculated from the date of invoice. Our invoices are payable on receipt, unless otherwise agreed between the parties.
Invoices must be paid in full. Failure to pay an invoice in full by the due date will result in immediate payment of all sums due, whatever the terms previously agreed. As soon as formal notice is given, sent by registered mail with acknowledgement of receipt, late payment interest will be calculated on the sums due, with penalties calculated on the basis of 12% per annum. A fixed indemnity for collection costs set by article D441-5 of the French Commercial Code will be invoiced. Early payment discount rate: 0.25% per full month.
Returnable packaging
When returnable, packaging constitutes industrial equipment and is exclusively reserved for housing the products being sold. If this condition is not met, the packaging will not be taken back.
Consigned packaging not returned within 6 months will be considered as sold at the consignment price.
Packaging return
The handing over of returnable packaging to our drivers or to a carrier must be precisely indicated on the Stockmeier France “Bon d’expédition” or “Reprise d’emballages” documents, in the space provided for this purpose, without forgetting to sign them.
In the case of deliveries by carriers, the take-back request must be made in advance to our order department, which will give the carrier the necessary instructions (without these instructions, carriers will not be able to take back empty packaging). Deconsignations of returned packaging are notified by means of credit notes, deducted from the current month’s account statement, even if they relate to previous invoices.
Return of goods
Our drivers cannot accept goods back without prior agreement.
Reservation of ownership
We retain full ownership of our goods and packaging until full payment has been received. Until this date, the goods delivered will be considered as consigned in deposit, however, the buyer will bear all risks that these goods may suffer or cause for any reason whatsoever.
The buyer undertakes to take all necessary steps to ensure that the goods are identified as the property of the seller. Any buyer wishing to dispose of these goods for processing or resale before full payment will be authorized to do so.
Guarantee requirements
Any deterioration in the buyer’s credit may at any time justify, depending on the risks incurred, the setting of a ceiling on the buyer’s overdraft, the requirement of certain payment terms, cash settlement or certain guarantees. This will be the case, for example, if a sale, lease, pledge or contribution of the business has an unfavorable effect on the buyer’s credit.
Warranties – Liability
In the event of delivery of products which do not conform to the order specifications, the seller’s liability is strictly limited to the obligation to replace the defective goods, to the exclusion of all damages and interest. All complaints must be made in writing within 7 calendar days of receipt. In order for Stockmeier France to accept a complaint about the non-conformity of a product, the customer must provide Stockmeier France with the disputed batch of products. Failure to do so removes all recourse for the customer.
We cannot be held responsible for the consequences of incorrect use or use that does not conform to prudence and custom. It is the customer’s responsibility to ensure that the product is compatible with the intended use.
Attribution of competence
ANY DISPUTE OF ANY NATURE WHATSOEVER SHALL BE BROUGHT BEFORE THE COURTS OF RENNES, WHICH SHALL HAVE SOLE JURISDICTION.
Nullity
The partial or total invalidity of any of the provisions of these general terms and conditions of sale shall not affect the validity of the other provisions.
Some photos were purchased from AdobeStock.com.
Personal data protection :
STOCKMEIER France is committed to complying with the requirements of the RGPD. For more information, please see our privacy policy at https://www.stockmeier.fr/mentions-legales/.
HYPERTEXT LINKS
STOCKMEIER France cannot be held responsible for hypertext links to other sites, and has no control over the content of these sites.
Terms and conditions of purchase
Updated on 26/10/2023.
ARTICLE I: GENERAL PROVISIONS
These General Terms and Conditions of Purchase (GTCP) apply to all orders placed by STOCKMEIER France for products marketed by STOCKMEIER France , with or without processing, packaging, wrapping and transport services, regardless of any stipulations to the contrary that may appear in the supplier’s commercial documents.
Any derogation from the application of the present terms and conditions shall be subject to the signature of a specific written agreement by STOCKMEIER France‘s purchasing department.
ARTICLE II: SUPPLIER AND PRODUCT AUTHORIZATION
Prior to any order, STOCKMEIER France approves its suppliers and qualifies their products, within the framework of an accreditation file.
The authorisation file drawn up on this occasion and signed by the supplier, sets out the specified characteristics and technical information for the selected product, which the supplier undertakes to comply with scrupulously.
If the supplier intends to modify its manufacturing process or specifications, it undertakes to notify STOCKMEIER France before implementing the modification.
The supplier undertakes to inform STOCKMEIER France of any legislative changes concerning the products listed in the authorization file.
ARTICLE III: PROVISIONAL BUDGET AND MONTHLY ORDERS/FULFILLMENT ORDERS
To facilitate the supplier’s organization, STOCKMEIER France may draw up an annual budget of product quantities, which however never constitutes a firm purchase commitment.
Only monthly or one-off orders transmitted constitute contract offers, whose acceptance by the supplier or, in the absence of express acceptance, the commencement of contract performance by the supplier, entails the formation of the sales contract.
However, it is understood that the supplier undertakes to respond favorably to orders placed with it by STOCKMEIER France for the entire duration of the applicable budget.
He therefore undertakes to keep sufficient stocks of products on hand at all times to meet delivery deadlines.
The supplier undertakes to acknowledge receipt of each order transmitted by STOCKMEIER France using the same means of transmission as that used for the order.
In the absence of a reasoned, written reservation by the supplier within 2 working days of receipt of an order, the latter is deemed to have been accepted under the conditions indicated on the purchase order.
ARTICLE IV: CONFIDENTIALITY / INTELLECTUAL AND INDUSTRIAL PROPERTY
Each of the parties undertakes, in its own name and in that of any person acting in its name and/or on its behalf, not to divulge, in any form whatsoever, to third parties to the present contract, any information of which it may become aware in the course of the business relationship.
In particular, the supplier undertakes to respect all intellectual and/or industrial property rights of STOCKMEIER France. and to return without delay, at the Company’s first request, all documents provided by STOCKMEIER France. by reason of or in connection with the performance of this contract.
For STOCKMEIER France branded products, it is understood that the supplier will refrain from making any reference to the brand concerned in its dealings with third parties.
For products manufactured on the basis of STOCKMEIER France‘s own specifications, the supplier undertakes not to re-use for his own account or that of a third party the information and technical knowledge communicated to him for this purpose.
ARTICLE V: QUALITY AUDIT
STOCKMEIER France may request an audit to be carried out on the supplier’s premises or by any person acting on the supplier’s behalf.
The audit will be the subject of a report issued by STOCKMEIER France. Any remarks or non-conformities detected during the audit must be the subject of a corrective action plan by the supplier.
Should these controls reveal a problem of non-conformity of the products or services, STOCKMEIER France will have the right to refuse and/or cancel all or part of the orders in progress and to suspend the execution of the contracts in progress, without prejudice to any rights to compensation that it may assert.
ARTICLE VI: DELIVERY / TRANSPORT
Deliveries are to be made in accordance with the instructions given by STOCKMEIER France in the order and/or the framework contract, in strict compliance with the authorisation file; failing this, deliveries are to be made DAP in accordance with Incoterms ICC 2020.
In all cases, whatever the applicable Incoterm, the supplier remains liable to the purchaser for the condition of the products ordered, and for any damage caused by them.
The supplier undertakes to use tanks, packaging or wrapping that enable the products to withstand the foreseeable risks of transport and handling, depending on the hazardous nature of the product and in compliance with applicable regulations (transport of hazardous goods).
For the transport of food, cosmetic or pharmaceutical additives or ingredients, the supplier undertakes to use only tanks that comply with regulations on the transport of liquid foodstuffs. STOCKMEIER France will systematically refuse any non-compliant tank, with re-routing costs to be borne by the sender.
He undertakes to check that the carrier complies with the safety instructions applicable to the products transported, the plant’s delivery instructions and the application of safety prevention plans, including the wearing of safety equipment during unloading.
The supplier shall enclose with the delivery all documents requested by STOCKMEIER France, notwithstanding those required to comply with the regulations in force, and in particular specifications and safety data sheets.
Partial deliveries are not permitted without the express prior consent of STOCKMEIER France.
The supplier must also provide STOCKMEIER France with the following documents, regardless of whether the delivery is made to STOCKMEIER France or directly to one of its customers:
The supplier acknowledges that, with the exception of reservations or complaints concerning shortages or damage in transit, STOCKMEIER France is not in a position, upon receipt of orders, to ensure that the products are fully compliant with the order.
ARTICLE VII: DELIVERY TIMES AND SCHEDULES
The supplier undertakes to comply scrupulously with the delivery deadlines and times indicated in the order form and to inform STOCKMEIER France of any difficulties it may encounter in this respect, at least 48 hours before the delivery date indicated in the order.
In the event of failure to meet delivery deadlines and times, STOCKMEIER France may cancel all or part of the orders in progress, without prejudice to the application of any damages and interest.
In addition, STOCKMEIER France draws the supplier’s attention to the damaging consequences of non-compliance by the supplier with delivery deadlines: in particular, they may lead to disruption of truck traffic at STOCKMEIER France. or the customer, a blockage of STOCKMEIER France‘s production or customer, disruptions to truck unloading, etc.
In the event of failure to meet delivery deadlines, STOCKMEIER France will immediately pass on all direct and indirect costs incurred by the delay, such as truck waiting times, immobilization of the loading line, delay penalties applied by the customer to STOCKMEIER France. etc. STOCKMEIER France will be authorized to deduct these costs from invoices issued by the supplier.
ARTICLE VIII: PRICES
The prices applicable to orders placed by STOCKMEIER France are as follows is determined in accordance with the indications contained in the framework contract concluded between the parties and/or the STOCKMEIER France order. Price changes can only be accepted if they have been notified in writing to STOCKMEIER France and expressly accepted by it before the order is placed.
ARTICLE IX: PAYMENT – CURRENT ACCOUNT
Invoices must be sent within a timeframe that allows STOCKMEIER France to comply with the applicable contractual and regulatory provisions.
ARTICLE X: SUPPLIER’S OBLIGATIONS
In addition to the application of the legal warranties arising from Articles 1625 et seq. of the French Civil Code, the supplier undertakes to deliver products which comply with the order form(s), as well as with the information contained in the authorization file, with the legal and regulatory provisions (including REACH regulations) in force on the day of delivery, and with the use for which they are intended.
In this respect, it is specified that the supplier undertakes to comply with the legislative and regulatory provisions applicable to the products and related packaging in force in the territory(ies) of manufacture, circulation and destination of the orders (in principle FRANCE, unless otherwise specified in the order form).
For items subject to a durability or expiry date: the supplier undertakes to supply products with a minimum remaining durability (M.L.D.) greater than or equal to 80% or a minimum of 10 months.
Each palletized load must have a unique batch number.
In general, in its capacity as a professional, the supplier undertakes to provide STOCKMEIER France with any information it may have concerning the compliance of its products and packaging with applicable legal and regulatory standards, and to provide it with any useful advice and information, particularly concerning changes in regulations and any difficulties it may have concerning the products and their conditions of use, transport and storage, etc., to the best of its knowledge.
The customer shall be personally responsible for any claims concerning the products delivered to the Company, so that STOCKMEIER France can in no way be held liable in this respect.
In general, the Supplier undertakes, without exception or reservation, to fully indemnify STOCKMEIER France and/or its assignees for all direct and indirect costs that may be incurred as a result of the products.
In the event of non-conformity of the products and/or their packaging, STOCKMEIER France will be entitled to notify their partial or total refusal.
The products will then be at the supplier’s disposal, at the supplier’s expense and risk. Any transport costs invoiced to STOCKMEIER France for rejected products will be re-invoiced to the supplier. In such cases, STOCKMEIER France shall have the right to withdraw and recall all or part of the supplier’s products in stock, or even from its customers, at the supplier’s expense.
The supplier must be able to provide all supporting evidence to enable traceability of the products and raw materials used in their manufacture.
In addition, the supplier must keep samples of each delivery, under conditions that leave no doubt as to their properties, until the product’s minimum durability date, if applicable, or otherwise for a period of six months following delivery.
He undertakes to make these samples available to STOCKMEIER France and to any authorities that may require them, at STOCKMEIER France’s request.
The supplier must be able to provide all supporting evidence to prove that the legal metrology provisions are implemented in all transactions with STOCKMEIER France.
ARTICLE XI: INSURANCE
At the request of STOCKMEIER France, the Supplier undertakes to provide proof of subscription, payment of the corresponding premiums and the amount of the guarantee, of a civil and product liability insurance policy with a reputable and solvent company, covering all damages of any kind that may result for STOCKMEIER France. and/or its customers of hidden defects, lack of conformity of the products or defects in advice or omissions relating thereto.
This insurance policy must cover withdrawal costs for suppliers of raw materials and packaging.
ARTICLE XII: ASSIGNMENT/SUBCONTRACTING
Any assignment / subcontracting of orders requires the agreement of STOCKMEIER France and compliance with the provisions of Law no. 75-1334 of 31.12.1975.
ARTICLE XIII: ETHICAL AND ENVIRONMENTAL RESPONSIBILITY
The supplier declares that it complies with environmental and social legislation, and more specifically with the legal provisions in force, in particular those concerning the environment, health, safety and labor law. The supplier undertakes to respond without delay to requests from STOCKMEIER France. concerning its duty of care.
The Supplier undertakes to comply with the provisions of the STOCKMEIER France “Code of Conduct”. and undertakes to do the same in its contractual relations with its own suppliers and subcontractors. STOCKMEIER France‘s Supplier Code of Conduct, Code of Ethics and CSR Commitment are available on the company’s website: https://www.stockmeier.fr.
ARTICLE XIV: PROTECTION OF PERSONAL DATA :
STOCKMEIER France is committed to complying with the requirements of the RGPD. For more information, please consult our personal data policy athttps://www.stockmeier.fr
ARTICLE XV: LAW AND JURISDICTION
Any dispute arising out of or in connection with the conclusion or performance of this contract and any subsequent sales contracts shall be governed by French law, to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods (CIVM), and shall be submitted to the exclusive jurisdiction of the Commercial Court of RENNES, even in the event of summary proceedings, appeal on a warranty claim, plurality of proceedings or parties, or incidental claim.
Data Protection Policy – RGPD compliance
Last update: May 28, 2018
Preamble
European Regulation EU2016/679 of April 27, 2016, known as the “General Regulation on the Protection of Personal Data – RGPD”, came into force on May 25, 2018 in all member states of the European Union.
The aim of this regulation is to modernize the European framework for the protection of personal data, in order to take account of technological advances and reduce, or even eliminate, the legal differences between the laws of the European Union’s member states. In practice, it aims to :
Definition
Personal data is any information that makes it possible to identify a natural person, directly or indirectly. This could be a name, a photograph, an IP address, a telephone number, a computer connection identifier, a postal address, a fingerprint, a voice recording, a social security number, an e-mail, and so on.
Some data is sensitive because it concerns information that could give rise to discrimination or prejudice: political opinion, religious sensitivity, trade union involvement, ethnicity, sexual orientation, medical status or philosophical ideas are all sensitive data. They are subject to a specific framework, which prohibits any prior collection without clear, explicit, written consent, and only in specific cases, validated by the Cnil and of proven public interest.
Personal data collected
STOCKMEIER France only collects data that is strictly necessary for the purpose for which it is processed.
The data obtained within the framework of our commercial or contractual relations are :
Data processing purposes
The processing operations carried out by Stockmeier France have an explicit, legitimate and specific purpose. Data is collected and processed for specific purposes, such as processing your requests and/or fulfilling your orders or, with your prior consent, providing you with access to specific information or offers.
Recipients of personal data
The data collected is intended exclusively for STOCKMEIER France. Under no circumstances will this information be passed on to third parties (commercial partners, etc.).
Data retention period
Unless you send a prior request for deletion to privacy@stockmeier.fr, your personal data will be kept on our systems for the period necessary for our business or for any retention period required by law. At the end of this period, your personal data will be destroyed in accordance with the applicable regulations.
Security and protection of personal data
STOCKMEIER France takes all necessary precautions to protect the personal data of employees, customers and partners against loss, theft and fraudulent subtraction, as well as against any unauthorized access, disclosure, alteration or destruction of personal data.
Individual rights
In accordance with the RGPD, any natural person is entitled to exercise the following rights:
To exercise any of these rights, or if you have any questions about the use of your personal data, please contact us at the following address: privacy@stockmeier.fr
Modification of the Personal Data Protection Charter
Stockmeier France’s personal data protection policy is accessible to all, available internally via the intranet, and externally via the website, contracts and commercial documents.
It may be updated or modified (in particular to reflect changes in legislation and/or regulations).
STOCKMEIER France – 3, Rue de la Buhotière – Z.I. de la Haie des Cognets – 35136 Saint Jacques de la Lande – Postal address: BP 89152 – Saint Jacques de la Lande – 35091 RENNES CEDEX 09 – Tel. +33 (0)2 99 29 46 00 – Capital 9 232 314 Euros – RCS Rennes B 301 252 870 – N° TVA FR 19 301 252 870
STOCKMEIER France
We specialize in the distribution of essential raw materials for a wide range of industrial sectors, and also formulate hygiene and disinfection products for the food industry. Our strong growth is the result of the commitment of our sales and technical teams at each of our sites. Close to our customers, we work hard every day to meet their expectations in terms of product quality, service reliability and safety. We’ll soon be a hundred-year-old company! There’s no better recognition from our customers than this renewed confidence in the professionalism and dynamism of the (still young!) men and women who make up Stockmeier France.
