Terms and Conditions

1. OBJECTIVITY 

These CGV constitute the single base of the commercial negotiation under the provisions of article L 441-1 of the commercial code and are at the disposal of our customers, to enable them to place order. Thus, in the absence of any express written agreement between the parties on conditions which derogate therefrom, these GTC will prevail over any contrary clauses or conditions. The fact that we do not take advantage of any of these conditions at any given time cannot be interpreted as a waiver of our right to take advantage of them later. These CGV cancel and replace those previously published. They can be modified at any time by the company, without notice, it being understood that such modifications will not apply to orders previously accepted by the latter.

2. ORDERS 

We reserve the right to refuse, reduce or split any order that is abnormal in terms of quantities, with a view in particular to limiting the outstanding.

3. DELIVERY CONDITIONS

 3.1 Delivery

Our deliveries are made as and when we can. The delivery time is agreed with the customer when ordering. The deadlines agreed for the delivery are necessarily expressed in working days. Delivery times are given for information only. The following are considered force majeure exonerating our responsibility: wars, riots, fires, terrorist acts, strikes, blockades or other industrial disputes, and any other unpredictable and insurmountable event, making it impossible to prepare, store, deliver products or the normal execution of the sale. Our goods are delivered, generally by us, to the customer's depot, restaurant, farm or store, unless otherwise agreed with the customer. Unless otherwise agreed with the latter, they cannot be delivered to cellars or other places difficult to access. The customer agrees to communicate to us beforehand the security protocol established by him. The products are delivered on "Europe" type pallets, rolls or any other delivery material. When the products are delivered, the pallets are exchanged number for number with equivalent quality (in good condition, ie dry, clean and unpolluted), with the exception of rolls and other delivery materials of which each unit delivered is to be returned to us. Any reservation on the quantity and / or quality of the returned delivery material must be mentioned on the delivery slip. In the event of non-return of the delivery material in quantity and / or in quality under the aforementioned conditions, we therefore reserve the right to invoice the customer at the rate of € 15 per pallet and € 150 per roll.

3.2 Transfer of risks

 Risk transfer takes place upon delivery. In the case of carriage paid delivery, delivery is deemed to take place when the products are made available to the customer when the products are unloaded by him and when the products are completely unloaded when it is completed by us. In the event of delivery carriage due, delivery takes place when the products are made available to the customer on our shipping platform. In the event of postage due, the customer will guarantee our company against any recourse diligent against our company, under article L. 132-8 of the commercial code, by the service provider chartered by him or by a subcontractor .

 3.3 Reservations on delivery - complaints

 The verification of the delivered products must be made at the time of delivery in the presence of our driver or our transporter. In the case of frozen products, the customer is recommended to take a temperature measurement at the heart of the products. It is established and given to the customer a paper delivery slip or any dematerialized medium, when the delivery is made by us or a transport document (consignment note or delivery receipt) when our goods are entrusted to a public transporter. The delivery slip or transport document is signed by the customer and expressly mentions any reservation noted by him and relating in particular to the packaging, the weight, the packaging, the quality and the quantity of the products. Reservations or complaints on apparent defects or on the non-conformity of the product delivered with the ordered product or the delivery slip, accompanied by the necessary supporting documents, must be confirmed to us, by registered letter with AR, within a maximum period of three ( 3) days following the date of receipt of the goods, in accordance with the provisions of article L 133-3 of the Commercial Code. The processing, transformation or change of packaging of the goods delivered, by the customer, constitutes waiver of recourse against us, for any reason whatsoever. In the event of non-compliance, our warranty is limited to the replacement of goods recognized as defective, to the exclusion of any other compensation.

4. PRICE - INVOICING 

Our products are invoiced on the basis of the tariff in force at the time of delivery. The provisions of the "EGALIM" law which expects the supplier and its customer to be taken into account in their discussions on the price of agricultural and production indicators are here recalled as soon as those are available and applicable. 

 5. PAYMENT

Our invoices are payable on the due date mentioned on the invoice, which never exceeds the maximum payment periods provided for in article L 441-11 of the Commercial Code, namely: - 20 days delivery date for fresh meat and derived products, - 30 days end of decade of delivery, for other products. Our company does not offer discounts. Failure to pay a single invoice when due makes all of our receivables, even those not yet due, immediately due. In addition, we may refuse to fulfill any new order or any order in progress, without prejudice to any other course of action. In accordance with articles L 441-10 and D 441-5 of the Commercial Code, any delay in payment automatically entails: - payment by the customer of a penalty equal to the rate charged by the European Central Bank (ECB) for its last refinancing operation, increased by 10 points, without prejudice to any other costs if we were forced to request payment in justice. - an obligation for the debtor to pay a lump sum indemnity of € 40 for collection costs. Additional compensation may be claimed, on supporting documents, when the recovery costs incurred exceed the amount of the lump sum compensation. In the event of the client's financial situation which could threaten the recovery of our receivable, or the first order from a new client, we can request cash payment from order to delivery or require guarantees. In addition, we can also demand cash payment in the event that the client is the subject of collective proceedings and the administrator has requested the continuation of the current contracts. 

6. RETENTION OF TITLE WE RESERVE OWNERSHIP OF GOODS ORDERED, DELIVERED AND INVOICED, UNTIL FULL PAYMENT OF THEIR PRICE. The risks, theft, loss or deterioration of the goods as well as the damage which they may cause, however, fall on the customer as soon as they are made available to him. In the event of a claim, the goods found will be deemed the last invoiced and will therefore be taken back up to the amount of the unpaid invoices. 

 7. PERSONAL DATA-CONFIDENTIALITY-BUSINESS SECRECY

 In accordance with the regulations in force, we inform you that we, and / or our subcontractors, collect personal data from your employees (last name, first name, gender, position, telephone and professional email), for the purposes of sales and deliveries of products; they are processed, computerized, kept confidential and duly secure, for the duration of our commercial relationship and, after its termination, for a period in accordance with the regulations in force. Only your commercial contacts, authorized members of our Information Systems Department and our possible subcontractors will be able to access it, for strictly limited purposes. In addition to complaints that you may make to the CNIL, you can access your information, rectify it, delete it, request portability, oppose or limit its processing by an e-mail sent to: contact@passionfroid.fr. All information and data exchanged with our customers during the negotiation or execution of the commercial relationship is confidential and cannot be communicated to third parties, under the trade secret resulting from articles L. 151- 3 et seq. Of the French Commercial Code, without the prior written authorization of the other party.

 8. CONFLICT 

 The legal limitation period applies to any action except a) actions for recovery of unpaid invoices by the client which are prescribed by 10 years and b) actions for claiming discounts and rebates which are prescribed by 1 year from the date of invoicing of the products. In the event of a dispute arising from the application of these conditions, and in the absence of an amicable agreement, only the Commercial Court within the jurisdiction of the location of the establishment issuing the billing considered will be compete.