Legal Notice

UPDATE OF 01/08/2022
Article 1 – PURPOSE AND SCOPE
These general terms and conditions of sale (GTCS) form the basis of commercial negotiation
and are systematically sent or given to each buyer prior to
ordering.
The general terms and conditions of sale described below detail the rights and obligations of the
company FABRICE PLEINCHENE, a SAS registered with the Bordeaux Trade and Companies Register
under number 907 878 979, domiciled at 144, rue Barreyre 33000 BORDEAUX
and its professional customers for baking equipment and/or baking supports for bakeries,
pastries, and all food trades.
Any acceptance of the quote/purchase order, including the clause "I acknowledge having read
and accept the attached general terms and conditions of sale" implies the buyer's unreserved
adherence to these general terms and conditions of sale.
Article 2 - PRICES
The prices of goods sold are those in effect on the day the order is placed. They
are denominated in euros and calculated exclusive of taxes. They will be increased by the VAT rate and shipping
costs applicable on the day of the order.
The company FABRICE PLEINCHENE reserves the right to modify its prices at any time and
especially between the establishment of the quote and the confirmation of the order by the customer.
It undertakes to invoice the goods ordered at the prices indicated at the time of
order registration.
Article 3 – DISCOUNTS AND REBATES
The proposed prices include the discounts and rebates that the company FABRICE
PLEINCHENE may grant taking into account its business volume with the customer
or the buyer's assumption of certain services.
GENERAL TERMS AND CONDITIONS OF SALE BETWEEN PROFESSIONALS
(UPDATED
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Article 4 - DISCOUNT
No discount will be granted in case of early payment.
Article 5 – PAYMENT METHODS
Orders are paid for:
• By bank transfer to the FABRICE PLEINCHENE company account.
Payments will be made under the following conditions:
• Amount excluding tax less than 3000 euros excluding tax: Cash payment
• Amount excluding tax greater than 3000 euros excluding tax: 50% down payment upon order – remaining 50%
upon receipt of items.
• Case-by-case study for any other payment method
Article 6 – LATE PAYMENTS
In case of total or partial default of payment for goods delivered on time, the buyer
will pay the company FABRICE PLEINCHENE a late penalty equal to three times the legal interest
rate.
The legal interest rate used is that in effect on the day the goods are delivered.
As of January 1, 2015, the legal interest rate will be revised every 6 months (Ordinance
no. 2014-947 of August 20, 2014).
This penalty is calculated on the total amount including tax of the outstanding sum, and runs from
the due date of the price without any prior formal notice being necessary.
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In addition to late payment compensation, any sum, including the deposit, not paid on its due
date will automatically lead to the payment of a flat-rate indemnity of 40 euros for
collection costs. (Articles 441-10 and D. 441-5 of the French Commercial Code).
Article 7 – TERMINATION CLAUSE
If, within fifteen days following the implementation of the "Late Payment" clause,
the buyer has not paid the outstanding sums, the sale will be automatically terminated and
may give rise to the allocation of damages and interest to the benefit of the company FABRICE
PLEINCHENE.
Article 8 – RETENTION OF TITLE CLAUSE
The company FABRICE PLEINCHENE retains ownership of the goods sold until full payment
of the price, in principal and accessories.
As such, if the buyer is subject to judicial redress or liquidation, the company
FABRICE PLEINCHENE reserves the right to reclaim, within the framework of the collective procedure,
the goods sold and remaining unpaid.
Article 9 – INDUSTRIAL AND INTELLECTUAL PROPERTY
1. INTELLECTUAL PROPERTY
Any creation whose idea originates from the company "SAS FABRICE PLEINCHENE" is the
property of the company and cannot in any way be transmitted to a client
who orders a mold/element derived from this idea.
2. INDUSTRIAL PROPERTY
Everything manufactured within the company "SAS FABRICE PLEINCHENE" (Digital
files related to modeling, printing or any other computer-produced elements
as well as all non-computerized elements (matrices and other machined/printed elements)) are
the property of SAS FABRICE PLEINCHENE.
SAS FABRICE PLEINCHENE certifies that it will not use the matrices for purposes other than
those intended for the client(s) who initiated the creation of this matrix.
The matrices are kept for a period of 2 years from the date of
receipt of the elements by the customer. In the event that the customer does not wish the
matrices to be destroyed on the expiration date, two solutions are available to them:
1. Storage of our matrices on our premises subject to storage fees which
depend on the volume of the matrix and the number of matrices.
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2. Purchase of the matrices by the customer.
Article 10 - DELIVERY
Delivery is made:
• Either by direct handover of the goods to the buyer;
• Or by sending an availability notice for collection in store to the buyer;
• Or by depositing the goods at the location indicated by the buyer on the purchase
order.
The delivery time indicated when the order is registered is given only as an indication
and is in no way guaranteed.
Consequently, any reasonable delay in the delivery of products may not
give rise to the allocation of damages and interest or the cancellation of the
order to the buyer's benefit.
The risk of transport is borne entirely by the buyer.
In the event of missing or damaged goods during transport, the buyer must make
all necessary reservations on the purchase order upon receipt of said goods. These
reservations must also be confirmed in writing within five days following delivery, by
registered mail with acknowledgment of receipt addressed to the company.
Article 11 – FORCE MAJEURE
The responsibility of the company FABRICE PLEINCHENE cannot be invoked if
the non-execution or delay in the execution of one of its obligations described in these
general terms and conditions of sale results from a case of force majeure.
In this respect, force majeure means any event beyond the control of the debtor, which
could not reasonably have been foreseen at the time of the conclusion of the contract, including the risk
of pandemic, and whose effects cannot be avoided by appropriate measures, preventing
the debtor from fulfilling its obligation, within the meaning of Article 1218 of the Civil Code.
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Article 12 – COMPETENT COURT
Any dispute relating to the interpretation and execution of these general terms and conditions of sale
is subject to French law.
Failing amicable resolution, the dispute will be brought before the Commercial Court of
BORDEAUX.
Article 13 – VALIDATION OF PROTOTYPES
Once the quote is signed, the company SAS FABRICE PLEINCHENE accepts 3
modeling modifications (3 back-and-forths) before the prototype validation is
strictly confirmed in writing.
Once the prototypes are validated, if a modification is necessary, new invoicing
will be carried out based on the new work required.