{"id":14031,"date":"2022-09-05T15:53:09","date_gmt":"2022-09-05T13:53:09","guid":{"rendered":"https:\/\/www.stockmeier.fr\/legal-notice\/"},"modified":"2024-02-26T14:55:39","modified_gmt":"2024-02-26T13:55:39","slug":"legal-notice","status":"publish","type":"page","link":"https:\/\/www.stockmeier.fr\/en\/legal-notice\/","title":{"rendered":"Terms of use"},"content":{"rendered":"\t\t
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Stockmeier France<\/a><\/span><\/span><\/p>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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STOCKMEIER France<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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General terms and conditions of sale and purchase, data protection policy (RGPD)<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Terms and conditions of sale<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Updated on 13\/06\/2023.<\/p>\n

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. <\/p>\n

Delivery times<\/p>\n

In the event of delay or impossibility of delivery, no damages or interest may be claimed from us.<\/p>\n

Force majeure<\/p>\n

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. <\/p>\n

Transport and delivery<\/p>\n

Sales of goods and packaging are carried out in accordance with Incoterm CPT (Incoterms ICC 2020) <\/span>; it is therefore the responsibility of our customers to safeguard their rights vis-\u00e0-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. <\/p>\n

Prices – Billing<\/p>\n

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”.<\/p>\n

Claim<\/p>\n

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. <\/p>\n

Payment<\/p>\n

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. <\/p>\n

Returnable packaging<\/p>\n

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. <\/p>\n

Packaging return<\/p>\n

The handing over of returnable packaging to our drivers or to a carrier must be precisely indicated on the Stockmeier France “Bon d’exp\u00e9dition” 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. <\/p>\n

Return of goods<\/p>\n

Our drivers cannot accept goods back without prior agreement.<\/p>\n

Reservation of ownership<\/p>\n

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. <\/p>\n

Guarantee requirements<\/p>\n

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. <\/p>\n

Warranties – Liability<\/p>\n

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. <\/p>\n

Attribution of competence<\/p>\n

ANY DISPUTE OF ANY NATURE WHATSOEVER SHALL BE BROUGHT BEFORE THE COURTS OF RENNES, WHICH SHALL HAVE SOLE JURISDICTION.<\/p>\n

Nullity<\/p>\n

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. <\/p>\n

Some photos were purchased from AdobeStock.com.<\/p>\n

Personal data protection :<\/p>\n

STOCKMEIER France<\/strong> 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\/.<\/p>\n

HYPERTEXT LINKS<\/p>\n

STOCKMEIER France<\/strong> cannot be held responsible for hypertext links to other sites, and has no control over the content of these sites.<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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Terms and conditions of purchase<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Updated on 26\/10\/2023.<\/p>\n<\/p>\n

ARTICLE I: GENERAL PROVISIONS<\/strong><\/p>\n

These General Terms and Conditions of Purchase (GTCP) apply to all orders placed by STOCKMEIER France <\/strong>for products marketed by STOCKMEIER<\/strong> France <\/strong>, 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.<\/p>\n

Any derogation from the application of the present terms and conditions shall be subject to the signature of a specific written agreement by STOCKMEIER<\/strong> France<\/strong>‘s purchasing department.<\/p>\n<\/p>\n

ARTICLE II: SUPPLIER AND PRODUCT AUTHORIZATION<\/strong><\/p>\n

Prior to any order, STOCKMEIER<\/strong> France <\/strong>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.<\/p>\n

If the supplier intends to modify its manufacturing process or specifications, it undertakes to notify STOCKMEIER<\/strong> France<\/strong> before implementing the modification.<\/p>\n

The supplier undertakes to inform STOCKMEIER<\/strong> France<\/strong> <\/em>of any legislative changes concerning the products listed in the authorization file.<\/p>\n<\/p>\n

ARTICLE III: PROVISIONAL BUDGET AND MONTHLY ORDERS\/FULFILLMENT ORDERS<\/strong><\/p>\n

To facilitate the supplier’s organization, STOCKMEIER<\/strong> France<\/strong> <\/em>may draw up an annual budget of product quantities, which however never constitutes a firm purchase commitment.<\/p>\n

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.<\/p>\n

However, it is understood that the supplier undertakes to respond favorably to orders placed with it by STOCKMEIER<\/strong> France<\/strong> <\/em>for the entire duration of the applicable budget.<\/p>\n

He therefore undertakes to keep sufficient stocks of products on hand at all times to meet delivery deadlines.<\/p>\n

The supplier undertakes to acknowledge receipt of each order transmitted by STOCKMEIER<\/strong> France<\/strong> <\/em>using the same means of transmission as that used for the order.<\/p>\n

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.<\/p>\n<\/p>\n

ARTICLE IV: CONFIDENTIALITY \/ INTELLECTUAL AND INDUSTRIAL PROPERTY<\/strong><\/p>\n

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.<\/p>\n

In particular, the supplier undertakes to respect all intellectual and\/or industrial property rights of STOCKMEIER<\/strong> France<\/strong>. <\/em>and to return without delay, at the Company’s first request, all documents provided by STOCKMEIER<\/strong> France<\/strong>. <\/em>by reason of or in connection with the performance of this contract.<\/p>\n

For STOCKMEIER<\/strong> France<\/strong> <\/em>branded products, it is understood that the supplier will refrain from making any reference to the brand concerned in its dealings with third parties.<\/p>\n

For products manufactured on the basis of STOCKMEIER<\/strong> France<\/strong>‘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.<\/p>\n


ARTICLE V: QUALITY AUDIT<\/strong><\/p>\n

STOCKMEIER<\/strong> France<\/strong> <\/em>may request an audit to be carried out on the supplier’s premises or by any person acting on the supplier’s behalf.<\/p>\n

The audit will be the subject of a report issued by STOCKMEIER<\/strong> France<\/strong>. Any remarks or non-conformities detected during the audit must be the subject of a corrective action plan by the supplier.<\/p>\n

Should these controls reveal a problem of non-conformity of the products or services, STOCKMEIER<\/strong> France<\/strong> <\/em>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.<\/p>\n<\/p>\n

ARTICLE VI: DELIVERY \/ TRANSPORT<\/strong><\/p>\n

Deliveries are to be made in accordance with the instructions given by STOCKMEIER<\/strong> France<\/strong> <\/em>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<\/strong>.<\/p>\n

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.<\/p>\n

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).<\/p>\n

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<\/strong> France<\/strong> will systematically refuse any non-compliant tank, with re-routing costs to be borne by the sender.<\/p>\n

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.<\/p>\n

The supplier shall enclose with the delivery all documents requested by STOCKMEIER<\/strong> France<\/strong>, notwithstanding those required to comply with the regulations in force, and in particular specifications and safety data sheets.<\/p>\n

Partial deliveries are not permitted without the express prior consent of STOCKMEIER<\/strong> France<\/strong>.<\/em><\/p>\n

The supplier must also provide STOCKMEIER<\/strong> France<\/strong> <\/em>with the following documents, regardless of whether the delivery is made to STOCKMEIER<\/strong> France<\/strong> or directly to one of its customers:<\/p>\n<\/p>\n