General Terms and Conditions of Sale

Preamble

These general terms and conditions of sale apply to all sales concluded on the Furodet Emballageswebsite.

The Furodet Emballages website is a service of: 

Furodet Emballages website sells the following products: food packaging, various packaging, ancillary products for businesses and professional equipment .

The customer declares having read and accepted the general terms and conditions of sale prior to placing their order. Therefore, order confirmation constitutes acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general terms and conditions express the entirety of the parties' obligations. They constitute the sole basis of the commercial relationship between the parties, and, in this respect, the buyer is deemed to have accepted them without reservation.

These general terms and conditions of sale supersede any other document, including any general terms and conditions of purchase. They apply, without restriction or reservation, to all services provided by the seller to professional buyers.

The seller and the buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are published online.

If a sales condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

These general terms and conditions of sale are communicated to any buyer who requests them, in order to enable them to place an order.

These general terms and conditions of sale are applicable until December 31, 2020.

Article 2 – Content

These general terms and conditions are intended to define the rights and obligations of the parties within the framework of the online sale of goods and products offered by the seller to the buyer.

These terms and conditions apply only to purchases made on this website and delivered exclusively within mainland France and Corsica. For deliveries to French overseas departments and territories (DOM-TOM) or outside of France, please contact us for a specific quote.

Article 3 – The order

The buyer places their order online, from the online catalogue and using the form that appears on the website.

For the order to be validated, the buyer must accept these terms and conditions by clicking in the designated area on the website. Their acceptance will trigger a confirmation email from the seller, in accordance with the conditions described below.

The buyer must choose the delivery address and method. Payment is made by bank transfer.

All orders imply acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below.

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

In the event that an ordered product is unavailable, the buyer will be informed by email.

The order for this product will then be cancelled and refunded if applicable, while the rest of the order will remain firm and final.

For any questions regarding order tracking, the buyer can:

  • Call the following number: 09 80 80 78 20 (cost of a local call), on the following days and times: Monday to Friday, from 9am to 12pm and then from 2pm to 5pm
  • send an email to the following address: contact@furodetemballages.com .

Article 4 – Electronic Signature

The online provision of the buyer's bank details and the final validation of the order will constitute proof of the buyer's agreement. This will allow the seller to obtain payment of the sums due under the order form and will constitute a signature and express acceptance of all transactions carried out.

In the event of fraudulent use of bank details, the buyer is invited, as soon as this use is noticed, to contact the seller by calling the following number: 09 80 80 78 20, or by sending an email to the following address: contact@furodetemballages.com .

Article 5 – Order Confirmation

Contractual information will be confirmed by email no later than the time of delivery or, failing that, to the address indicated by the buyer on the order form.

Article 6 – Proof of the transaction

The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered proof of communications, orders, and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.

Article 7 – Product Information

The products governed by these terms and conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered subject to availability.

The products are described and presented as accurately as possible. However, if any errors or omissions have occurred in this presentation, the seller cannot be held liable.

Product photographs are not contractual.

Article 8 – Price

Calculation

The seller reserves the right to modify its prices at any time but undertakes to apply the prices in effect at the time of the order, subject to availability on that date. Prices are shown in euros. They do not include delivery charges, which are billed separately and indicated before order confirmation. Prices include VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. 

Full payment is due upon ordering. Under no circumstances will any payments be considered as deposits or down payments. 

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, whether increased or decreased, this change may be passed on to the selling price of the products.

Deposit

All orders may require a deposit, the terms of which will be determined at the time of sale. Except in cases of force majeure, any cancellation of the order by the buyer after the order date will not entitle the buyer to a refund of this deposit.

Price reduction

The buyer may benefit from special discounts and rebates where applicable, according to the specific conditions specified at the time of ordering.

 Article 9 – Payment Methods

Payment by credit card or PayPal

This is a binding order, meaning that placing the order implies payment by the buyer. Payment is made by credit card or PayPal. The buyer must enter their bank details in the designated area, either on the integrated Stripe module or by accessing the PayPal module, for a symbolic fee of one euro compared to PayPal's commissions. The seller reserves the right to suspend order processing and delivery in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment. In particular, the seller reserves the right to refuse to deliver or fulfill an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is pending. The seller has implemented an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the buyer may be asked to email the seller a copy of their identification and proof of address. The order will only be validated after the seller has received and verified the documents sent.

 The price is payable in full and in a single payment upon placing the order.

Payment in installments – Pay in installments with Alma

If you pay for your order in installments, you accept Alma's general terms and conditions for customers , as well as Furodet Emballages customers .

Late payment

Any delay in payment will result in the immediate demand for payment of all sums owed to the seller by the buyer, without prejudice to any other action that the seller may be entitled to take against the buyer in this respect.

Article 10 – Product Availability

Except in cases of force majeure or during periods of closure clearly announced on the website's homepage, shipping times will be, subject to stock availability, as indicated below. Shipping times begin from the order registration date indicated on the order confirmation email.

For all deliveries within France (mainland and Corsica), the delivery time is 1 to 5 days depending on the carrier, starting from the date the package is shipped. Orders are prepared within 48 business hours of the date the buyer places their order.

For any delivery to French overseas departments and territories or outside of France, it is necessary to mention this in order to obtain a specific quote.

In the event of a delay, the seller shall not be held liable for any reason whatsoever. Consequently, the buyer shall not be entitled to any compensation of any kind.

If the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of payment, or an exchange of the product.

Article 11 – Delivery Terms

Delivery is only made after confirmation of payment by the seller's bank.

It is provided within the period specified in article 10, from the date of receipt by the seller of the order form.

Any delay exceeding 30 days may result in the cancellation of the sale. Any deposits paid or payments made at the time of order will then be refunded to the buyer. 

In the event of non-compliance with the payment conditions set out above, the seller may suspend or cancel the sale.

Products are delivered to the address provided by the buyer on the order form; the buyer is responsible for ensuring its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
Any product returned due to a proven error in the information provided by the buyer will be subject to an immediate refund, excluding shipping costs.
The buyer may request that the invoice be sent to the billing address instead of the delivery address by selecting the corresponding option on the order form.

If the buyer is absent on the day of delivery, the delivery person will leave a delivery notice in the mailbox, which will allow the package to be collected at the location and during the time period indicated.

If, upon delivery, the original packaging is damaged, torn, or open, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note this on the delivery slip (package refused because it was open or damaged).

The buyer must indicate on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).

This verification is considered to have been carried out once the buyer, or a person authorized by him, has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered mail no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices of the site.

If products need to be returned to the seller, a return request must be submitted to the seller within 14 business days of delivery. Any claim made after this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 12 – Delivery Errors

The buyer must notify the seller of any delivery errors and/or non-conformity of the products in terms of type or quality compared to the order form, either on the day of delivery or at the latest on the first business day following delivery. Any claim made after this period will be rejected.

The claim may be made, at the buyer's discretion:

Any claim not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the seller from all liability towards the buyer.

Upon receipt of the claim, the seller will assign an exchange number to the product(s) in question and communicate it to the buyer by email. A product exchange can only take place after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by Colissimo Registered, to the following address: Tempo One, RN6 Distripôle, Building C, 71100 Sevrey.

Return shipping costs are the responsibility of the seller.

Article 13 – Product Warranty

The seller guarantees the buyer against any non-conformity of the services and any hidden defect arising from a design or supply defect in said services, excluding any negligence or fault on the part of the buyer.

In any event, if the seller is found liable, the seller's guarantee will be limited to the amount excluding VAT paid by the buyer for the purchase of the goods.

Article 14 – Right of withdrawal

Since the buyer is a professional purchasing within the framework and for the needs of his profession, there is no need to apply the right of withdrawal provided for by the consumer code.

Article 15 – Force majeure

Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Force majeure shall be defined as any irresistible event or circumstance beyond the control of the parties, unforeseeable, unavoidable, and independent of their will, which cannot be prevented by them despite all reasonable efforts. Specifically, in addition to those typically recognized by French courts, the following shall be considered force majeure or fortuitous events: blockages of transportation or supply routes, earthquakes, fires, storms, floods, lightning, and the disruption of telecommunications networks or difficulties specific to telecommunications networks external to the client.

The parties will consult to examine the impact of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts for more than three months, these terms and conditions may be terminated by the affected party.

Article 16 – Partial invalidation

If one or more clauses of these general terms and conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other clauses shall remain in full force and effect.

Article 17 – Non-waiver

The failure of either party to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such right or provision.

Article 18 – Applicable Law

These terms and conditions are governed by French law.

The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract.

If they fail to reach an agreement, the parties will submit the dispute to the Commercial Court.

Article 19 - Collection of personal data

Data collected

The personal data collected on this site are as follows:

Account opening: when creating the user account, their surname, first name, email address; telephone number; postal address; business name;

Login: When a user logs into the website, the website records, among other things, their name, surname, login data, usage data, location data and payment data.

Profile: Using the services provided on the website allows you to fill in a profile, which may include an address and a telephone number.

Payment: as part of the payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card.

Communication: When the website is used to communicate with other members, data concerning the user's communications is temporarily stored.

Cookies: Cookies are used when using this website. Users can disable cookies through their browser settings.

Use of personal data

The personal data collected from users is used to provide and improve the website's services and to maintain a secure environment. More specifically, the uses are as follows:

  • user access to and use of the website;
  • website operation management and optimization;
  • organization of the terms of use of the Payment Services;
  • verification, identification and authentication of data transmitted by the user;
  • offering the user the possibility of communicating with other users of the website;
  • implementation of user support;
  • personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
  • prevention and detection of fraud, malware (malicious software) and management of security incidents;
  • handling potential disputes with users;
  • sending commercial and advertising information, based on user preferences.
Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

  • When the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
  • when the user publishes information accessible to the public in the website's free comment sections;
  • when the user authorizes a third-party website to access their data;
  • when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, within the framework of the performance of these services, and have a contractual obligation to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
  • If required by law, the website may transmit data to respond to claims made against the website and to comply with administrative and judicial procedures;
  • If the website is involved in a merger, acquisition, asset sale, or insolvency proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users will be informed before their personal data is transferred to a third party.
Security and confidentiality

The website implements organizational, technical, software, and physical security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of information transmitted or stored online.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise at the following address: contact@furodetemballages.com :

  • They can update or delete their personal data by logging into their account and configuring that account's settings;
  • They can delete their account. It should be noted that information shared with other users, such as forum posts, may remain publicly visible on the website even after their account is deleted;
  • They can exercise their right of access to know what personal data is held about them. In this case, before implementing this right, the website may request proof of the user's identity to verify its accuracy;
  • If the personal data held by the website is inaccurate, they can request that the information be updated;
  • Users can request the deletion of their personal data, in accordance with applicable data protection laws.
Changes to this clause

The website reserves the right to modify this personal data protection clause at any time. If this personal data protection clause is modified, the website will publish the new version on its site. The website will also inform users of the modification by email at least 15 days before the effective date. If a user does not agree with the terms of the new version of the personal data protection clause, they may delete their account.

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