General terms
1. Scope of application
The following general terms and conditions apply to all business transactions with CVP. Any document other than these general terms and conditions (in particular catalogues, prospectuses, advertisements, notices), has only an indicative and non-contractual value. The fact that CVP does not apply itself at a given moment of any of the clauses of the present terms and conditions cannot be considered as a renunciation by CVP of its right to apply itself of them at a later date, which is expressly recognized by the client.
2. Prices
The applicable prices are determined at the time of each order with reference to the CVP rates then in force. The prices indicated in the catalogues are non-binding and may be freely modified by CVP at any time, even before the end of the possible period of validity of the said catalogues due to variations in market prices or raw materials. All orders cannot be less than 250 € (excl. VAT). Any order for an amount between 250 €HT and 500 €HT will be subject to a processing fee of 25 €HT. These prices are ex-works
3. Terms of payment
A pro-forma invoice will be issued for all first orders. For any order under 500 €HT, payment by LCR not accepted with prior agreement of the customer. At the latest at the time of collection of the products by the customer or delivery of the products to the customer, CVP will issue an invoice to the order of the customer on which will be mentioned the terms of payment. Unless otherwise stated in the invoice, the invoice is payable within 30 days of the end of the month. No discount will be granted for cash or advance payment. Any delay in payment shall automatically entail the application, without the need for a reminder, of late payment penalties at a rate equal to three times the legal interest rate in accordance with law n°2008-776 of 4th of August 2008. Failure to pay an invoice on the due date will result in :
- The due of all other payments due to CVP by right and without notification;
- Termination of sales of unpaid products upon simple notification by CVP;
- The suspension of all future deliveries to the customer on the basis of the provisions of article 2286 of the Civil Code.
4. Pick-up and delivery orders
The delivery times communicated to customers are given as an indication. CVP will make every effort to respect them but cannot be held responsible for any delay in delivery. A delay in delivery can under no circumstances justify the cancellation of the order by the customer or give rise to the allocation of damages and interest in invoicing for late delivery. However, if one month after formal information notified by the buyer by registered letter with acknowledgement of receipt has remained unsuccessful, and except in cases of force majeure, the goods have still not been delivered, the sale may be cancelled at the request of either party. It is expressly stipulated that all deliveries will be made at the buyer's risk and peril, whatever the mode of transport and delivery conditions. The customer is responsible for checking the condition of the goods at the time of delivery by the carrier and, in the event of damage or missing goods, for mentioning any reservations on the carrier's delivery slip. These reservations must be confirmed within 48 hours by registered letter to CVP. After this time, the delivery is deemed to be in conformity and accepted. Unless previously agreed, we will not accept cancellations or postponements within 45 working days before the confirmed shipping date for all orders.
5. Guarantees
It is the customer's responsibility to ensure the container-content compatibility of their products filled in CVP's packaging; it is also their responsibility to validate the compatibility of these articles with the other components necessary for the manufacture of their products. The information provided by CVP on the use of these products is given for information purposes only and without any commitment on its part. The approval of the sample will be valid for acceptance without any possible recourse, only the customer being entitled to assess the conformity of CVP's products with its own products. CVP cannot be held responsible for normal wear and tear of the products, intentional damage, negligence, abnormal conditions of use, failure to follow instructions, misuse or alteration of the products, or failure to store the products in appropriate conditions. Except by prior agreement, we will not take into account claims made on products stored more than 6 months after the delivery date. CVP's liability, in the event of damage caused to or by the products for any reason whatsoever, shall in any event be limited to the price of these products. The company CVP cannot be held responsible for the consequences of any event beyond its control, in particular cases of force majeure. Within the meaning of the present general conditions, any strike, demonstration, fire, computer breakdown, power cut or flooding of which CVP is a direct or indirect victim shall constitute a case of force majeure. In the event of non-conformities noted and notified to CVP within 10 (ten) days of delivery of the goods sold to the customer, the latter may return them to CVP with the CVP’s express written agreement. Only the defective goods returned in their original state without having been used and after verification and acceptance by CVP can be replaced. In case of proven non-conformity, the goods will be subject to a standard exchange and will not be eligible for any damages. In case of hidden defects, and by exception to article 1641 of the civil code, the buyer is taken away of the right to claim hidden defects if he does not denounce it to the seller by specifying the nature of the defect within six months from delivery. The photos, visuals and graphics used for illustration purposes on our site are not contractual and do not commit CVP.
6. Retention of title clause
In application of the provisions of article 2367 of the civil code, all goods handed over to the customer in the context of the execution of its obligations by the CVP company remain the property of the latter until their full payment by the customer. Within the meaning of the present general terms of sale, the full payment of the price is only made in case of handing over a cheque or a bill of exchange, on the day of the effective cashing. The CVP Company may enforce the rights it holds under this retention of title clause for any of its claims on all the goods it has supplied to the customer, all these goods being conventionally assigned to guarantee any unpaid claim. Consequently, CVP shall be entitled to take them back up to the amount of the unpaid invoice. Within the framework of the option to take back stocks described above, the customer undertakes to allow free access to its warehouses and shops to enable the effective take back of the goods allocated to guarantee CVP's debts. In the event of seizure, confiscation, claim or equivalent procedure carried out by a third party on the goods made available to the customer, the customer undertakes to inform CVP immediately or at least after a period not exceeding 24 hours. Under no circumstances may the purchaser resell the products purchased before payment of the price unless prior express authorization has been given by the seller. The customer shall bear all costs and fees incurred by the claim, inventory and return of the products. The customer shall be liable to pay compensation for devaluation set at 15% exclusive of tax of the price of the products per month or fraction of a month of holding from delivery to return. In the event of non-performance of any one of the obligations for which the customer is liable under this article, a penalty clause equal to 3 times the amount excluding VAT of the invoice concerned will be due by the customer. This retention of title clause in no way prevents the transfer of risks to the customer and the taking of possession of the products by the customer. To this end, the customer will be automatically constituted custodian of the products delivered to him and he will assume alone the consequences for himself and for third parties of the loss of the thing and the direct or indirect consequences thereof.
7. Applicable law - Jurisdiction
Relations between the client and CVP are governed by French law. In case of dispute between the parties, only the Commercial Court of Lille Metropole will be competent.
8. International sales
It is expressly provided for and accepted by the customer that the clauses of these general terms and conditions of sale prevail over any contrary clause of the United Nations Convention on Contracts for the International Sale of Goods.
Eshop specific general conditions
A.Order and prices
All orders placed by the Customer on the CVP E Shop site are payable before delivery, by the means of payment available on the sites (credit card and bank transfer). We do not accept payment by cheque.
Prices are displayed both exclusive of tax (H.T.) and inclusive of all taxes (T.T.C.).
The selling prices of the products are those in force at the time of the order registration.
The prices indicated do not take into account the transport costs which appear at the time of the validation of the order.
Sales prices are subject to change at any time.
B. Payment
The choice of payment method is made at the time of confirming the order. The customer undertakes to have the necessary authorisations to use the chosen means of payment.
We certify that credit card details are not stored on our site and are managed in a secure manner by the service provider processing the receipt of payment.
Only the receipt of payment by CVP validates the order and the dispatch of goods.
C. Delivery
Delivery is carried out by our carefully selected transport partners. We deliver in France (excluding Corsica).
The deadlines announced on our site are based on the information they have given us. Any delay in delivery may under no circumstances be attributed to CVP's responsibility and give rise to a cancellation of the order, a reduction in price or damages.
The contribution to transport costs is indexed to the real cost of this service and takes into account the size and nature of the order.
D. Receipt of order
Delivery is considered to have been made as soon as the contents of the order are made available to the customer, as evidenced by a delivery note.
In the event of a problem on receipt, you must indicate your reservations on the delivery slip and invite the delivery person to countersign them. It is the responsibility of the customer to notify by registered letter with acknowledgement of receipt within 3 days of any apparent anomaly (lack compared to the delivery note, deterioration of the products, etc.). If this requires a return, this will be made in accordance with the paragraph "Return policy". It is essential that you keep the items in the state in which they were delivered to you.
E. Withdrawal and Guarantees
In accordance with Articles L. 221-18 and following, and Article L121-16-1 of the French Consumer Code, the withdrawal period is 14 working days and starts from the date of receipt of all the goods by the customer.
The customer systematically benefits from a "Satisfied or Refunded" guarantee of 14 days from receipt of the order. The goods must be returned in accordance with the terms and conditions set out in paragraph 6 below.
Following your request for retraction, CVP, in accordance with the legal provisions, will proceed to reimburse you within 14 days following the notification of your request for retraction.
In the absence of receipt of your product or proof of shipment of your product within this period, CVP reserves the right to postpone your refund of the price of the returned product until the day of receipt of your product. The means of reimbursement of the price of the product is exercised on a case-by-case basis depending on the initial method of payment of the order.
F. Return policy
A return of goods, whatever the reason, requires the prior agreement of CVP. The request can be made by e-mail or telephone.
The return of the product must be accompanied by the following documents: copy of the order form and/or invoice.
The return must be sent to the following address: CVP - ZA les ouches -77230 Moussy le vieux
In the case of returns within the framework of a retraction, it is imperative that the goods are returned to us in perfect condition for resale, in their original packaging. Any damage suffered by the products is likely to prevent you from exercising your right of withdrawal and the "satisfied or reimbursed" guarantee.
In general, all costs and risks related to the return of the product are the responsibility of the customer except in the case of a non-compliant product.