Business Customers and Distributors
- IDENTITY OF THE FILT1860 COMPANY
- SCOPE OF THE TERMS AND CONDITIONS FOR SALE
- ORDERS, PRICES AND PAYMENT TERMS
- TITLE RETENTION CLAUSE. RISK TRANSFER
- WARRANTIES
- LIABILITY
- SEVERABILITY OF CLAUSES
- PERSONAL DATA
- DISPUTES - DISAGREEMENTS
- MANUFACTURING TOLERANCES
- DELIVERY TIMES
1. Identity of the FILT1860 Company
SASU FILT1860, 2 rue Ada Lovelace 14120 MONDEVILLE. - FILT1860 is a simplified joint stock company with a capital of 151,200 euros registered on the Companies Register in Caen under number 573 820 636. Tel.: (33) 2 31 74 72 53 – Fax: (33) 2 31 74 29 99 – Email address: filt@filt.fr
2. Scope of the terms and conditions for sale
These T&Cs apply without restriction or reservation to all contracts entered into by FILT1860 (‘’The Supplier’’) with business customers and distributors (‘’The Customers or the Customer’’), who wish to buy the Goods offered for sale by the Supplier (‘’the Goods’’).
The main specifications of the Goods are given on the FILT1860 website : pro.filt1860.fr. These consist mainly of nets, cord, braids and candle wicks. The following non-exhaustive list gives examples of the articles sold by FILT1860: hammocks and seats; nets on frames or with elastic surround for cars, boats and caravans; dog safety nets; safety nets for boats; sport nets (ping pong, football…); nets for hunting (game bags, game carriers, rabbit pouches); Tonga® baby carriers and Fil’Up baby carrier slings; nets for couchettes or cab-overs; net shopping bags; cotton, synthetic or Mytidouble® nets for mussel growing; cotton food nets (sausage, cured products, cooking); sport nets (basketball, billiards); packaging nets; cords; braids; candle wicks.
These T&Cs are given to any Customer on request and at the latest when a purchase is made; they prevail over any other version or conflicting document. They can also be accessed on line on the pro.filt1860.fr website.
3.Orders, Prices, and Payment terms
3.1 ORDERS
Orders must be placed in writing by the customer. They only become final when either our quotation or our acknowledgement of receipt of the order, has been received in our offices, duly signed by the customer.
3.2 PRICES
Standard products are supplied at the prices given in our price lists valid on the day of the order. A commercial proposal will be sent to the customer for products which require special production; this proposal will be valid for one month.
Prices are given in euros€ and are net and exclusive of taxes.
The prices do not include the cost of shipping or insurance.
For deliveries in France and for export, a commercial proposal will be made for the shipping costs.
3.3 PAYMENT TERMS
The prices are payable upfront for the first order and in 30 days for the following orders, for sales in France, to the limits of credit insurance.
For export sales, invoices are payable in euros (€), before shipment of the goods.
For special orders, a down payment of 30% will be payable before production can begin.
Should an order which has been accepted by us be cancelled by the customer, whatever the reason apart from force majeure, the down payment made on placing the order will be automatically acquired by us and no refund of any kind will be made.
No discount will be granted for early payment.
The following methods of payment may be used: bank cards (Visa, MasterCard), cheques in mainland France (made out to: SASU FILT1860, 2 rue Ada Lovelace 14120 Mondeville – FR), bank transfers (to the Supplier’s bank account with Crédit Agricole or CIC : see bank details on the invoice), PayPal account (cousin@filt.fr), bank draft. Cheques will be paid into the bank on departure of the goods.
4. Title retention clause. Risk transfer
For as long as required, the Goods sold remain the property of FILT1860 until full payment has been made.
If the Customer takes possession of the Goods or if he uses a transporter which he has himself chosen, risk transfer (loss, damage of all kinds) takes place at the time when the Goods are given to the Customer or to the transporter he has chosen. In the case of distance selling, whatever the date of title transfer of the Goods, risk transfer takes place at the time at which the Customer takes physical possession of them.
5. Warranties
The warranty is limited to the repair or standard exchange of Goods with a hidden defect as defined in articles 1641 to 1649 of the French Civil Code. The existence, the conditions for implementation and the contents of the legal hidden defect warranty are those set out in the texts indicated above.
In order to secure his rights, the Customer must, under penalty of invalidating any related claim, inform FILT1860 in writing, of the existence of the defects within a maximum time period of eight days from discovering them and request permission to return the defective goods to us, at his expense. FILT1860 will only replace or repair the goods once the defective goods have been returned.
6. Liability
FILT1860 may not be held liable for damage of any kind resulting from the improper use of the Goods, or for damage caused after modification or tampering with the Goods, or for damage which can be attributed to the Customer or to customers of the latter, or which has been caused, either totally or partially, by the intervention of a third party (transporter, repairman or others).
In cases where the liability of FILT1860 is established, the parties agree that the compensation expected of FILT1860, for claims other than personal injury claims, shall be limited to the price of the Goods bought by the Customer.
The photographs of the Goods shown in catalogues, brochures and on the pro.filt1860.fr website are non contractual.
7. Severability of clauses
The invalidity or ineffectiveness of one of the clauses in these T&Cs shall not affect the validity or effectiveness of the other clauses.
8. Personal data
FILT1860 uses a computer system which is designed to manage its Customers’ orders, the delivery of the Goods ordered, to follow up the execution of the contract and, where necessary, guarantee its Customers. To this end, a certain amount of personal data may be collected when orders are placed (surname and first name of the Customer’s representative, delivery and invoicing addresses, telephone number, email address). Great care is taken concerning access to the personal data collected: only persons who necessarily require access to this data, for the ends set out above, are given access to it. The data is neither sold nor passed on to third parties. FILT1860 keeps it for 5 years (time period necessary in the event of its being found liable). Customers have a right to information about the personal data collected and a right to correction of incorrect data which they can exercise directly with FILT1860: SASU FILT1860, 2 rue Ada Lovelace 14120 MONDEVILLE. Customers are informed that they may, for legitimate reasons, oppose the processing of their data.
9. Disputes - Disagreements
These T&Cs and the operations resulting from them are governed by and are subject to French law.
These T&Cs have been written in French. If they are translated into one or several foreign languages, only the French version shall be legally binding in the event of a dispute.
In the event of a dispute relating to any difficulty concerning the contract or its follow-up, in particular disputes relating to negotiations, training, interpreting, execution or non execution, prejudicial consequences of the contract, the parties confer jurisdiction on the Caen Commercial Court.
10. Manufacturing tolerances
The Customer declares that he will accept normal tolerances relating to the goods ordered and that these will not justify the refusal of goods or give rise to a discount on our unit prices.
- Tolerances for colours and appearance: slight differences in colour or opacity which are inevitable in our products will not justify the refusal of goods or give rise to a discount on our prices.
- Dimensional tolerances: The dimensions of our nets are outside dimensions, including edges, seams and welds. Lengths and widths may vary by 5% more or less.
Any such variations in dimensions will not give rise to variations in price. - Quantity tolerances : FILT1860 reserves the right to deliver quantities which are 10% more or less than the quantities ordered. The price of the goods, whether in stock or for special orders, will be adjusted in accordance with the exact quantities delivered, whether it be more or less. The customer declares that he accepts any such modification in price, whether it be more or less.
11. Delivery times
Unless otherwise expressly stipulated on our quotation or our acknowledgement of receipt of order, our delivery times are given as a guide and are not guaranteed delivery times. We will not be liable for any delay in delivery.