General Terms and Conditions of Sale
ARTICLE 1 – PURPOSE OF THE CONTRACT
These General Terms and Conditions apply to any Service subscribed to by the Client for their professional activity needs, directly from the company "Reflectiv" (hereinafter "The Company").
The Company's Clients are merchants, craftsmen, freelancers, very small businesses, small and medium-sized enterprises, as well as public entities (State, local authorities, public administrations, etc.).
These General Terms and Conditions of Sale aim to determine the terms of sale of adhesive films by the Company for the needs of its Clients.
ARTICLE 2 – CONTRACTUAL DOCUMENTS
The following documents constitute the Contract and form an indivisible whole:
The quote signed by the Client, acting as an order form,
These General Terms and Conditions of Sale. The Client's signature on the order form constitutes acceptance of these General Terms and Conditions of Sale.
ARTICLE 3 – ORDERING A PRODUCT AND/OR ACCESSORY
Any order of a Product and/or Accessory by the Client from the Company can be made remotely (on the Company's website https://www.reflectiv.com/fr or by email to [email protected]) (Articles 3.1 and 3.2) or at the Company's headquarters (Article 3.3).
ARTICLE 3.1 – ORDER ON THE COMPANY'S WEBSITE
When the Client places an order on the Company's website:
They select the Product(s) and/or Accessory(ies) that make up their order;
A summary of their order is presented online;
They read and accept these General Terms and Conditions of Sale;
They can modify or accept the summary of their order before confirming it definitively.
After placing their order:
The Client receives an order confirmation at the email address provided, detailing the selected Product(s) and/or Accessory(ies), as well as the applicable General Terms and Conditions of Sale on a durable medium.
ARTICLE 3.2 – ORDER BY EMAIL
When the Client places their order with the Company by email:
They choose the Product(s) and/or Accessory(ies) they wish to order and send
an email to [email protected],
The Company sends them a quote by return email, valid for ten (10) days, setting out the terms of the selected Product(s) and/or Accessory(ies), their cost(s), payment terms, delivery location of the order, etc.,
The Client returns the signed quote to the Company, thus serving as an order form and acceptance of these General Terms and Conditions of Sale.
ARTICLE 3.3 – ORDER AT THE COMPANY'S HEADQUARTERS
When the Client places their order at the Company's headquarters:
They select from a catalog the Product(s) and/or Accessory(ies) they wish to order,
At their request, the Company provides them with a quote. Signing this quote will serve as an order form and acceptance of these General Terms and Conditions of Sale,
The Product(s) and/or Accessory(ies) are either delivered directly by the Company to the Client, subject to stock availability, or ordered and sent later by the Company to the Client within the timeframe indicated on the order form.
ARTICLE 4 – ORDER DELIVERY
ARTICLE 4.1 – TRANSPORT
The ordered Product(s) and Accessory(ies) are transported by a transport company mandated by the Company.
The Company only accepts to deliver the Product(s) or Accessory(ies) when the Client's order exceeds €100 excluding VAT.
Shipping costs are charged flat rate by the Company to the Client at:
€30 excluding VAT per order within mainland France;
€58 excluding VAT for Corsica, Andorra, and Monaco.
The delivery of a pallet exceeding two hundred and ten (210) centimeters in dimension will incur additional shipping costs charged to the Client by the Company at forty (40) euros.
When the order exceeds the cost of €300 excluding VAT in mainland France, no shipping costs will be applied by the Company to the Client.
Any request for delivery outside the aforementioned areas (mainland France, Corsica, Andorra, and Monaco) and/or for volume will be subject to a quote previously submitted by the Company to the Client.
Any package refused by the Client without prior agreement from the Company or any
package not collected by the Client without explicit reason will result in an additional flat-rate charge of €25 excluding VAT on the order.
In the absence of the Client during the delivery of the order by the carrier, return costs will be borne by the Client upon presentation of an invoice by the Company.
ARTICLE 4.2 – DELIVERY TIMES
Orders are delivered in mainland France or worldwide, to the address provided at the
time of the order and according to the delivery method chosen by the Client.
Subject to the availability of the ordered Product(s) and/or Accessory(ies), and proper
payment of the order by the Client, delivery of the order occurs on average within 48 hours in mainland France and within 72 hours worldwide.
In the case of an order on weekends or a public holiday, delivery times are counted from the first business day following.
Delivery times are indicative only, and any delays attributable to the carrier do not entitle the buyer to cancel the sale, refuse the goods or service, or claim damages.
ARTICLE 5 – ORDER PRICE
The price of the Product(s) and/or Accessory(ies) applicable is the one indicated on the quote accepted by the Client, thus serving as an order form.
This price is also listed on the invoice issued by the Company to the Client.
The price of the Product(s) and/or Accessory(ies) is payable upon ordering by the Client and is expressed in euros excluding taxes and excluding delivery costs.
VAT, at the rate in effect at the time of the order, is added to the order price excluding
taxes on the invoice.
Any change in the VAT rate may be reflected in the price of the Product(s) and/or Accessory(ies).
Prices are increased on the invoice by the legally applicable taxes on the billing date.
The Client is debited via the payment method provided at the time of their order with the Company.
Billing of the Product(s) and/or Accessory(ies) is based on the rates in effect on the order date.
ARTICLE 6 – PAYMENT TERMS
Unless otherwise specified, payment for the Product(s) and/or Accessory(ies) by the Client to the Company is made in full, before shipping or collection of the goods upon
presentation of the invoice by the Company to the Client.
If the Client is a public entity, the invoice issued by the Company will be transmitted to them via the "CHORUS PRO" portal. Payment for the Product(s) and/or Accessory(ies) by the Client to the Company can be made:
By bank transfer: to the Company's bank account, details of which will be provided on the invoice received by the Client. Any order will only be shipped upon confirmation by the Company's accounting department of the bank transfer;
By credit card: on the Company's website or by email, via a secure link called SYSTEM PAY (STRIPE), active for 24 hours. Any order will only be shipped upon confirmation by the Company's accounting department of the Client's payment by credit card.
No discount is applied for early payment.
Any credit granted by the Company to the Client is valid for one (1) year. The Company retains full ownership of the Product(s) and/or Accessory(ies) until full payment of the price.
Any order including a service (cutting, etc.) must be paid in full at the time of order, in cash, before the service is performed.
ARTICLE 7 – DELAYS OR NON-PAYMENT
The payment term for invoices issued by the Company is thirty (30) calendar days from the invoice date.
In case of delay or non-payment by the Client, the Company reserves the right to suspend all ongoing orders with the Client.
Any delay or non-payment by the Client will result in the application, by the Company,
after a reminder:
A flat-rate compensation for collection costs of forty (40) euros,
An interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 points,
An indemnity for collection costs of 8% on the amount due, as a penalty clause.
Any claim by the Client regarding the order they have placed with the Company does not in any way suspend the payment of the invoices related to that order.
Invoices addressed to the State, local authorities, and their public establishments are payable according to the terms provided by the Public Procurement Code, including the provisions relating to late payment interest which will be due automatically in case
of non-payment within the required time.
ARTICLE 8 – CLIENT'S OBLIGATIONS
According to article 7 of these General Terms and Conditions of Sale, the Client is required to pay the Company's invoice within thirty (30) days following its issuance.
The Client also undertakes to ensure the conformity of the ordered Product(s) or Accessory(ies) upon delivery and in the presence of the carrier (condition, quantity, reference, etc.).
Any non-conformity of the Product(s) or Accessory(ies) must be clearly, precisely, and completely mentioned by the Client on the delivery note and must be immediately reported by email to the Company.
ARTICLE 9 – COMPANY'S OBLIGATIONS AND LIABILITY
The Company is only held to an obligation of means and thus does everything possible to deliver the ordered Product(s) or Accessory(ies) to the Client.
To improve the production of its Products and Accessories, the Company may modify
the colors and manufacturing processes without prior notice, without prejudice to the Client.
In the event that the Client suffers damage resulting from proven fault of the Company in the performance of one of its contractual obligations, it is expressly agreed that the Company will only be liable for direct and certain damage resulting from said fault.
Any claim by the Client for immaterial or indirect damage is thus excluded.
Immaterial or indirect damage includes, among others, financial and commercial losses, loss of turnover, profit, exploitation, profit or clientele, loss of earnings, fines, or increased general expenses.
ARTICLE 10 – EXEMPTION OF COMPANY LIABILITY
The Company's liability cannot be engaged in the following cases:
In case of fault by the Client, particularly in case:
oNon-compliance with the Company's recommendations regarding the use of the Product(s) and/or Accessory(ies),
oDegradation or alteration of the Product(s) and/or Accessory(ies) due to
improper handling, misuse by the Client, particularly regarding the installation of Products on unsuitable surfaces, or poor storage of the Product(s),
oDestruction, alteration, or partial or total deterioration of the Product(s) and/or Accessory(ies) following transportation, storage, or any treatment initiated by the Client or resulting from instructions and express request for reprocessing of the Products by the Client,
oUse of incompatible equipment with the supplied Product(s) and/or Accessory(ies),
oIncidents or accidents caused by incorrect maneuvers, malicious actions, or third-party intervention attributable to the Client,
In case of technical and material impossibility by the Company to supply the ordered Product(s) and/or Accessory(ies) to the Client,
In case of force majeure, as defined below. In addition to those provided by the provisions of Article 1218 of the Civil Code, force majeure cases under these terms include exceptional weather conditions or other natural disasters such as lightning, fires, explosions, or floods, rebellions, riots, or similar acts, states of war, a health crisis, strikes, acts of vandalism, third-party acts. If a case of force majeure prevents either Party from fulfilling an essential obligation under the Contract for more than thirty (30) days, either Party may terminate the Contract by registered letter with acknowledgment of receipt, without compensation for either Party.
ARTICLE 11 – RETURN OF PRODUCT(S) OR ACCESSORY(IES)
Any non-conformity of the ordered Product(s) and/or Accessory(ies) identified upon delivery can be returned to the Company according to the following terms:
The Client has a period of fifteen (15) days from the delivery date of the non-
conforming Product(s) and/or Accessory(ies) to return them to the Company,
In the event that the non-conformity of the ordered Product(s) and/or Accessory(ies) appears after delivery, particularly during the installation or use
of the goods, the Client can return the defective Product(s) and/or Accessory(ies) to the Company under the commercial and legal guarantees provided in Article 12, unless the Company's liability is excluded in accordance
with Article 10,
Any return of the ordered Product(s) and/or Accessory(ies) must be subject to prior written agreement between the Client and the Company. Any Product and/or Accessory returned without this agreement will not be refunded or credited,
Any Product and/or Accessory must be returned to the Company in its original packaging, unopened, with a copy of the initial delivery note and/or invoice,
The return shipping costs of the ordered Product(s) and/or Accessory(ies) are borne by the client.
ARTICLE 12 – WARRANTIES
12.1 COMMERCIAL WARRANTY
The Company undertakes to deliver Product(s) and/or Accessory(ies) that conform to
its technical specifications and to replace merchandise deemed defective by the Company within six (6) months of delivery of the Product(s) and/or Accessory(ies).
The Company's commercial warranty only applies in the case of a manufacturing defect of the Product(s) and/or Accessory(ies).
This warranty will not apply in case of any bodily or material damage of any kind, which would be the direct or indirect consequence of improper adaptation of the Product(s) and/or Accessory(ies), poor storage, or defective use by the Client.
12.2 LEGAL WARRANTY
In addition to the commercial warranty, the Client benefits from the legal warranty against hidden defects, the provisions of which are recalled below:
Article 1641 of the Civil Code:
"The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known them."
Article 1642 of the Civil Code:
"The seller is not liable for apparent defects of which the buyer could convince himself."
Article 1643 of the Civil Code:
"He is liable for hidden defects, even if he did not know them, unless, in this case, he has stipulated that he will not be bound by any warranty."
Article 1646 of the Civil Code:
"If the seller was unaware of the defects of the thing, he will only be liable for the restitution of the price, and to reimburse the buyer for the costs incurred by the sale."
Article 1648 paragraph 1 of the Civil Code:
"The action resulting from redhibitory defects must be brought by the buyer within two
years from the discovery of the defect."
ARTICLE 13 – PERSONAL DATA PROCESSING
Each Party undertakes to comply with Regulation (EU) 2016/679 of April 27, 2016 (General Data Protection Regulation "GDPR").
By subscribing to the Contract, the Client consents to the Company using their personal data as part of the execution of said Contract.
The Client has the right to access, rectify, and delete their data. The Client also has the right to oppose the processing carried out or to request its limitation.
These rights can be exercised by writing to the company "Reflectiv", either by registered postal mail with acknowledgment of receipt to the Company's headquarters or by email to [email protected].
The processing of personal data by the Company is for a legitimate interest, namely the execution of the Contract binding it to the Client, compliance with legal and regulatory obligations, and the Client's consent to the provisions of this Contract.
Data is retained for the duration of the contract's validity, plus the duration of the common law prescription.
ARTICLE 14 – JURISDICTION
In case of a dispute regarding the interpretation or execution of the sweeping and maintenance contract and/or these General Terms and Conditions of Service, jurisdiction is attributed to the Commercial Court of Créteil, notwithstanding multiple defendants, third-party claims, or emergency procedures.